Friday 24 May 2024

‽istis thanks goodness (weekending May 25th 2024)

 

‽istis thanks goodness (weekending May 25th 2024)

Following on from last weekending’s blog when ‽istis wondered what ‘mantras’[i] might get us through or might help us to be good enough and to survive testing times:

·         ‘This too shall pass.’

·         ‘No peace without justice.’

·         ‘It will be alright in the end and if it’s not alright, it’s not yet the end.’

·         ‘I’m doing the best I can.’

·         ‘Give it the beans.’

·         Etc, etc…

 

This week there is perhaps a link as Jason Beer KC questions Paula Vennells at the UK’s ‘Post Office Horizon IT Inquiry’[ii] and identifies several ‘false statements’, examples of organisational folklore…

·         ‘Every time we go to court, we’ve won.’

·         ‘Horizon has no faults in it, every time we its been investigated no fault has been found.’

·         ‘No remote access is possible for either the Post Office or Fujitsu.’

·         ‘The contract for sub-postmasters says that they are responsible for all losses.’

·         To which might be added: ‘You are the only sub-postmaster experiencing these problems.’

Oh, the power of organisational ‘truths’ and ‘facts’ and assumptions that may be no more than opinions masquerading as universal truths (OMAUTs); constructs or opinions which are presented as truths (COWPATs)[iii]; that seem to be more than beyond question – people do not think even to wonder whether there is a question to be asked; that comprise ‘wisdom’ received and absorbed; that are perhaps somewhere on an extended ‘Rumsfeld spectrum’[iv] with known unknowns and unknown unknowns – perhaps we might call them ‘unknown knowns’…?

And what a week for public inquiries[v] and their outcome:

  • The Grenfell Tower (Fire - lest we forget - in which 70 people died and two more people after the event) Inquiry has posted an update this week [Va]       
  •  The ‘Covid 19’ inquiry still sits[vi]
  •  The report following the ‘Infected blood Inquiry’[vii] is published and the Chair refuses to close the inquiry until the recommendations are implemented[viii]

 So ‽istis has been listening closely to the proceedings of the Post Office/Horizon inquiry and thinks:

·         firstly, thank goodness for public inquiries[ix], and that we live in a country where these are carried out, every costly, detailed day of them

·         thank goodness for the storage and retrieval (and occasional leaking?) of primary sources, minutes, documents, reports, emails, WhatsApp messages (well, the latter mostly stored and retrievable![x])

·         thank goodness for a process that means individuals can tell their own ‘truth’ as far as they see it (with Paula Vennell's statement to the inquiry running to hundreds and hundreds of pages) and have an opportunity to reflect

·         thank goodness for those who can actually remember and who have not lost messages

·         thank goodness for a forum and a stage for apology when ‘We have left undone those things that we ought to have done; and we have done those things that we ought not to have done’[xi], however late or of little consolation, or however much the apologies can perhaps sound like something that could be called a ‘politicians apology’ (“sorry if I have caused offence” “sorry of my remarks were taken out of context”…[xii])

·         thank goodness for those who blow the whistle[xiii], who campaign and just do not give up despite the persistent exercise of organisational and institutional weight, pressure and power – and despite enormous personal cost[xiv]

·         thank goodness for those who put professional integrity above organisational reputation (when Paula Vennells - the Post Office Chief Executive of an organisation described as one where "our culture, (is) self-absorbed and defensive”[xv] - can say that the general legal counsellor for the company ‘was possibly more loyal to her professional conduct requirements and put her integrity as a lawyer above the interests of the business’[xvi])

·         thank goodness for those who can wade through enormous amounts of information, reports, statements and other documents - and challenge and question and probe with forensic attention to detail but with an eye to the bigger picture

·         thank goodness for those who can construct a clear narrative from vast and disparate accounts and who do not shy away from making a judgement when required

·         thank goodness that convictions can be overturned[xvii] and that compensation can be paid

·         thank goodness for those who

o   do not forget and will not forget

o   who hold the organisational memory

o   who will work so that lessons are actually learned

·         so that recommendations are implemented

o   so that change will happen

§  so that occasionally, perhaps, possibly, maybe ‘never again’ may actually mean just that…‽

And the inquiries continue…

And meanwhile, in Britain the rain falls, a General Election is called (again, thank goodness) an expensive indoor media suite is eschewed, a lectern is set up outdoors and a bespoke-probably-suited Prime Minister gets very wet!

©‽istis

NB: further reflections and comments linked to this week’s theme and past blog entries to be found on X/Twitter with replies, retweets (which don’t necessarily indicate approval, sometimes the very opposite!) and ‘likes’: @Pistis_wonders.  X/Twitter ‘follows’ and respectful comment and dialogue welcome...  


[i] And still, at a quick glance, if you type ‘Mantras for the modern world’ into a search engine there seem to be many, many suggestions as to what could be the ‘most influential’ phrases and sayings of all time and for now… 

[ix] See v, above

[xi] https://www.churchofengland.org/prayer-and-worship/worship-texts-and-resources/common-worship/daily-prayer/forms-penitence Church of England ‘confession’. Paula Vennells is an ordained Anglican priest…

[xvi] https://www.lawgazette.co.uk/news/post-office-chief-vennells-complained-that-gc-put-professional-integrity-above-the-business/5119464.article though Ms Vennells sought to clarify (1'43"+ in to the evidence on 23.5.2024) what was meant by those words which were apparently expressed "very badly." "I absolutely did not mean what this reads when you read in the cold light..." "Why did you type it?" asked Mr Beer... 


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Friday 17 May 2024

‽istis is utterly preoccupied (weekending May 18th 2024)

 

‽istis is utterly preoccupied (weekending May 18th 2024)

This week ‽istis has been pretty much utterly preoccupied by an all-encompassing activity:

·         learning

·         new skills

·         practice

·         more learning

·         more new skills

·         more practice

·         yet more learning

·         yet more new skills

·         yet more practice

·         and yet more, yet more practice

·         test…

On reflection,

·         ‘visualisation’ seemed to help – somehow knitting mind and body, conscious and subconscious and unconscious actions and reactions (beyond any atomised ‘muscle memory’ to an integrated capability) – running through stages and phases in theory and practice, with an open eye, closed eye and mind’s eye…

·         finding and repeating little mantras seemed to help:

o   ‘Trust the process’

o   ‘Look. Look at the grass. Keep looking at the grass.’

o   ‘Look where you’re going; go where you are looking.’

o   ‘Look, look again.’

o   ‘Look. Speed. Smooth stop.’

o   ‘Look. Speed. Watch for the hand.’

o   ‘Look. Speed. Outer cone. Back in line.’

 You might have a go at guessing the activity…

 Some bigger questions also seemed to hover:

·         Why didn’t I do this sooner?

·         Is it ever too late to teach an old dog new tricks?

·         Tests may be required, but are they the best way to achieve excellence?

·         Is it really possible to view ‘failure’ as a great opportunity to get better, and would that be any consolation; really?

And now, out the other end, ‽istis wonders who else might have been utterly preoccupied this week, and with what; who else might have been learning and facing a test – and how they coped…

Back in the more usual world of multiple occupations and activities (with a new certificate that suggests one was considered competent enough, at least in that brief moment in time and in that particular place) ‽istis listens to the news properly again, looks at the rest of the world both near and far and wonders what we might visualise and what ‘mantras’[i] might get us through, might help us to be good enough and to survive testing times:

·         ‘This too shall pass.’

·         ‘No peace without justice.’

·         ‘It will be alright in the end and if it’s not alright, it’s not yet the end.’

·         ‘I’m doing the best I can.’

·         ‘Give it the beans.’ (thanks to a family member for this one!)

·         Etc, etc…

And ‽istis wonders at the power of auto-suggestion and recalls the words of Emile Coué from a century ago: 'Every day, in every way I'm getting better and better'[ii]

…are we, really‽

 

©‽istis

NB: further reflections and comments linked to this week’s theme and past blog entries to be found on X/Twitter with replies, retweets (which don’t necessarily indicate approval, sometimes the very opposite!) and ‘likes’: @Pistis_wonders.  X/Twitter ‘follows’ and respectful comment and dialogue welcome...  


[i] And, at a quick glance, if you type ‘Mantras for the modern world’ into a search engine there seem to be many, many suggestions as to what could be the ‘most influential’ phrases and sayings of all time and for now… 

[ii] Many references including: https://www.bbc.co.uk/mediacentre/proginfo/2017/44/every-day-in-every-way

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Friday 10 May 2024

‽istis ponders ‘reasonable’ (weekending May 11th 2024)

 

‽istis ponders ‘reasonable’ (weekending May 11th 2024)

This weekending ‽istis has pondered ‘reasonable’ and ‘reasonableness’, triggered initially by reading the UK Government latest guidance for CICs (‘Community Interest Companies’).[i]

Under the section ‘Your Community’, the following can be found:

‘The CIC legislation states that any group of individuals may constitute a community if they share a common characteristic and a reasonable person might consider that they constitute a section of the community.’ (my italics)

‘However, a company which benefits a group which may be clearly defined, but which a reasonable person might not consider to be a genuine section of the community (e.g. “my family”, “my friends”, or “regular drinkers of ABC beer”), is unlikely to be eligible to be a CIC.’

In the section on Directors’ remuneration there is this:

‘CIC directors’ remuneration should never be more than is reasonable…’ (my italics)

Thinking also about risk assessments has also led to further consideration of ‘reasonableness’, not least in relation to reasonable precautions, mitigations or control measures to reduce hazards, reduce the likelihood of danger arising from hazards or the severity of impact should something occur.

Wondering where else ‘reasonable’ and ‘reasonableness’ might be referenced, a basic internet search came up with these:

·         General definition: a) ‘based on or using good judgment and therefore fair and practical’, e.g: ‘If you tell him what happened, I'm sure he'll understand - he's a reasonable man.  He went free because the jury decided there was a reasonable doubt about his guilt.’

b) ‘acceptable’, e.g: ‘We had a reasonable journey. We have a strong team and a reasonable chance of winning the game.’[ii]

·         Legal definition: ‘just, rational, appropriate, ordinary or usual in the circumstances. It may refer to care, cause, compensation, doubt (in a criminal trial), and a host of other actions or activities.’[iii]  And this definition is followed by definitions of specific types of reasonable, including: ‘reasonable doubt’, ‘reasonable care’, reasonable reliance’, reasonable speed’, ‘reasonable wear and tear’.

·         ‘Any attempt to understand the use of the notion of ‘reasonable’ in international legal discourse starts with a recognition of a profound ambiguity, which is reflected in this quotation from a decision of the International Court of Justice: ‘What is reasonable… in any given case must depend on its circumstances.’[iv] 

·         ‘Reasonable adjustments for workers with disabilities or health conditions. Employers must make reasonable adjustments to make sure workers with disabilities, or physical or mental health conditions, are not substantially disadvantaged when doing their jobs.’ UK Equality Act 2010/.

For example in relation to people who are disabled: ‘Reasonable adjustments can mean alterations to buildings by providing lifts, wide doors, ramps and tactile signage, but may also mean changes to policies, procedures and staff training to ensure that services work equally well for people with learning disabilities.’[v]

And then ‽istis pondered who a ‘reasonable person’ might be.

·     The ‘Ministry of Injustice’ website[vi] suggests that ‘The history of the reasonable person test began in the old English law and was first used in a civil lawsuit Vaughn v. Menlove in 1837’ which includes the notion of a ‘prudent’ person:   ‘An action lies against a party for so negligently constructing a hay-rick on the extremity of his land, that in consequence of its spontaneous ignition, his neighbour's house is burnt down. And upon pleas of not guilty, and that there was no negligence, held, that it was properly left to the jury to say whether the Defendant had been guilty of gross negligence, viewing his conduct with reference to the caution that a prudent man would have observed.’

And what appears to be one subjective term bumps into another: prudence… 

From another source which also highlights the use of the term in legal matters:

‘Did the person show the same level of care and caution as an ordinary person would in similar circumstances? Essentially, this is the question posed to the jury when applying the reasonable person standard.’

- and - 

‘The reasonable person is different from the average person. The average person may not always be reasonable.’[vii]

It seems interesting that this source (Prosper Law) suggests that: 

‘The reasonable person test is purely objective…’ explaining ‘the defendant’s specific knowledge (is) irrelevant. What matters is what a reasonable person should have known, what actions would have been reasonable in the given circumstances, and what steps the defendant took.’ ‘A reasonable person is someone who acts how most people in their community would act in a specific situation.’

But ‽istis is not sure how we might know how most people in a community would act…

And all of this has led ‽istis to wonder what most people would do if they were:

·      the President of Russia when contemplating the future of the ‘special military operation’/war against Ukraine[viii]

·      the UK Chancellor and Prime Minister looking to find the money to fund the 'Rwanda scheme' in an attempt to ‘stop the boats’[ix]

·      asked today to vote to stay in or leave the EU[x]

·      the President of the United States considering the continuation of the supply of weapons to Israel[xi], the Prime Minister of Israel contemplating widening/deepening an assault in Rafah

·      a 'hopeless and broken' despairing member of The Intergovernmental Panel on Climate Change (IPCC)[xii] 

and you might like to add your own specific situations that come to mind.

‘Most people would…' seems a pretty important notion!

Links to democratic processes and the common ‘50%+1’ threshold criteria for ‘winning’ (or to qualify as a majority, or 'most') will need further pondering, but perhaps it is no wonder that the capacity to influence, to persuade, to create consensus, to shape the zeitgeist[xiii] (not least through social media or publicity or information or propaganda - delete as appropriate) - seems such a sought-after power…

And ‽istis wonders whether you consider yourself ‘reasonable’; whether you do what most people would do…  and then whether that is always a good thing‽[xiv]  

©‽istis

NB: further reflections and comments linked to this week’s theme and past blog entries to be found on X/Twitter with replies, retweets (which don’t necessarily indicate approval, sometimes the very opposite!) and ‘likes’: @Pistis_wonders.  X/Twitter ‘follows’ and respectful comment and dialogue welcome...  


[iii] https://dictionary.law.com/Default.aspx?typed=reasonable&type=1

[v] https://www.gov.uk/government/publications/reasonable-adjustments-a-legal-duty/reasonable-adjustments-a-legal-duty

[xi] https://edition.cnn.com/2024/05/09/middleeast/biden-weapons-deliveries-israel-reaction-intl/index.html & https://apnews.com/article/israel-hamas-war-news-04-30-2024-f5e14fd176d69f9c4e23b48f3ab5af6a  

[xii] https://www.ipcc.ch/ & https://www.theguardian.com/environment/article/2024/may/08/world-scientists-climate-failure-survey-global-temperature: 

'Hundreds of the world’s leading climate scientists expect global temperatures to rise to at least 2.5C (4.5F) above preindustrial levels this century, blasting past internationally agreed targets and causing catastrophic consequences for humanity and the planet, an exclusive Guardian survey has revealed.

Almost 80% of the respondents, all from the authoritative Intergovernmental Panel on Climate Change (IPCC), foresee at least 2.5C of global heating, while almost half anticipate at least 3C (5.4F). Only 6% thought the internationally agreed 1.5C (2.7F) limit would be met.

Many of the scientists envisage a “semi-dystopian” future, with famines, conflicts and mass migration, driven by heatwaves, wildfires, floods and storms of an intensity and frequency far beyond those that have already struck.

Numerous experts said they had been left feeling hopeless, infuriated and scared by the failure of governments to act despite the clear scientific evidence provided.

“I think we are headed for major societal disruption within the next five years,” said Gretta Pecl, at the University of Tasmania. “[Authorities] will be overwhelmed by extreme event after extreme event, food production will be disrupted. I could not feel greater despair over the future.” '

Thank you Damian Carrington, The Guardian Environment Editor.

[xiii] https://dictionary.cambridge.org/dictionary/english/zeitgeist

[xiv] Defining what is ‘good’ or ‘right’ – a work in progress; oh, and while we are at it: what do you mean by ‘what’…‽ Is is, is? Well it might be if might is might… Darkened room lie down beckons - perhaps, possibly, maybe save for those who are fighting in Ukraine; on a small boat; rueing loss of apparent advantages linked with EU membership and perhaps feeling duped; homeless or grieving in the Holy Land; consumed with frustration and a sense of powerlessness despite/because of knowing the findings from climate science, etc. and the so many, many people who may be facing situations and experiences that most reasonable people might find unreasonable…   


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