Maxim Institute - real issues - No. 258
21 June 2007
www.maxim.org.nz

Out of many one
A leap in the dark
A system strained to breaking point
IN THE NEWS
Repeal of sedition law passes first stage
The Chinese education market

OUT OF MANY ONE

New research has been published which considers the effect that ethnic diversity has on individuals within a community. The journal article by Robert Putnam, E Pluribus Unum: Diversity and Community in the Twenty-first Century, finds that a higher level of ethnic diversity within a community leads to 'social isolation,' and the mistrust of others. This research presents a challenge to our diverse communities, to work together toward the common good; treasuring our differences and uniqueness, but at the same time affirming our common heritage and values, those things which hold us together.

Having surveyed a sample of about 30,000 individuals across 41 varied communities in the United States, the results showed that even after extensive controlling for a range of factors, people who live in communities with higher ethnic diversity distrust not only those from other races, but also those from the same race as themselves. He suggests that diversity tends to cause 'social isolation'; that is, that 'people in ethnically diverse settings appear to 'hunker down' ... to pull in like a turtle.'

This fragmentation could manifest itself in a variety of ways, including: a withdrawal from the community; a distrust of neighbours and friends---regardless of their ethnicity; a lack of faith in politics and the difference their vote can make; a tendency 'to volunteer less' and to 'give less to charity.' They were also more likely to agree with the statement that 'television is my most important form of entertainment.'

Putnam acknowledges that these conclusions are 'provocative,' however he suggests that over time social identity continues to change and evolve, and that these findings represent only a short-term response to diversity. He contends that the challenge these attitudes present will ultimately be met be reconstructed into 'overarching identities.' Ethnic diversity will cease to be as significant, as over time differences will fade and more similarities will emerge.

When we consider the atomised age we live in, the startling and controversial findings become more understandable. Diversity in itself does not contribute to isolation. The problem is when in a postmodern age, we respond to it by defining ourselves primarily by our differences and rejecting a notion of common identity, common values and a common notion of the good. If we are to create a strong social fabric in New Zealand then we must recognise the challenge that this research presents---to work together for the common good, and to do so in a way that cherishes both our unique, and shared heritage.

Read E Pluribus Unum: Diversity and Community in the Twenty-first Century http://www.blackwell-synergy.com/doi/pdf/10.1111/j.1467-9477.2007.00176.x

A LEAP IN THE DARK

This week the Police released a practice guide on the Crimes (Substituted Section 59) Amendment Act 2007 detailing how they intend to decide whether parents will or will not be prosecuted when they use physical discipline. The changes to the law around disciplining children will come into effect on 22 June 2007, making it technically illegal to use mild physical force for the purposes of correction. However, if the offence is 'inconsequential' the police have discretion whether to prosecute.

The guidelines suggest that even though infrequent smacking may be considered inconsequential, prosecution may still occur after repetitive incidents. Similarly, even 'inconsequential' reports of force must be passed on to the Police family violence co-ordinator under the guidelines. The police have also been careful to point out that the true impact of this law will not be seen until case law develops. This means that until someone is prosecuted under the new section 59, the way the guidelines will be applied cannot be predicated. The changes to section 59 are, as many opponents warned, a leap in the dark.

The release of these guidelines coincides with the findings of a national poll on people's attitudes towards the new law, conducted by Curia research, a market research firm. The results show that 78 percent of parents surveyed will still smack their children to correct their behaviour if they believe it is reasonable to do so. Only 16 percent said that they would not. This suggests that people are going to be willing to break the law and whether they will be punished for doing so will depend on how the police view their actions.

This raises an interesting question; will the vast majority of New Zealanders actually ignore this new legislation long-term or will the law eventually change New Zealanders' perspective on parental discipline? Sweden is an interesting test case because physical punishment against children was banned in 1979, yet parents continued to physically discipline their children. While 34 percent of those born before 1979 indicated they had received physical punishment from their parents, this only dropped to 32 percent for those born during or after 1979. The results of the poll by Curia research tentatively suggest that a similar pattern may emerge in New Zealand, which is the inevitable result of a law that relies on police guidelines and court precedents.

A SYSTEM STRAINED TO BREAKING POINT

The problems and pressures facing New Zealand's Department of Corrections have hardly been out of the headlines this year, but we are not the only country to be feeling huge strain. This week, the British Justice Secretary, Lord Falconer of Thoroton, QC, has authorised guidelines for prison governors, that will allow prisoners to be released early.

The move has caused public outcry even though prisoners will only be released 'up to 18 days before their release date' and it will only apply to people serving a sentence of less than four years for non-violent or sexual offences. While such a move is far from ideal, releasing prisoners early is the unsurprising consequence of a system put under huge pressure by high rates of incarceration. Britain is not the only country whose prisons are overflowing---New Zealand is facing a similar reality.

A variety of new interventions recently introduced in New Zealand, such as more drug and alcohol rehabilitation places and greater use of community-based sentences, announced by Damien O'Connor over the past year, may help to relieve some of the pressure on prison places. However, these kinds of options should not simply be viewed as a pragmatic response to overcrowding, but rather assessed on their own merits.

The new interventions provide a means by which we can more effectively tackle many of the exacerbating factors surrounding crime. Britain is also realising this. In his statement detailing the new release guidelines, Lord Falconer also highlighted that there will be an expansion of community-based schemes. 'In addition to these measures we have taken steps to increase resources spent on community punishments, and interventions designed to address the causes of crime amongst offenders. The tough community sentences we have developed have proved to be more successful in reducing re-offending.' Britain's desperation at prison overcrowding provides an instructive lesson for this country---either we use prison more sparingly, and find more alternatives, or find ourselves with a system strained to breaking point.

IN THE NEWS

REPEAL OF SEDITION LAW PASSES FIRST STAGE

The Crimes (Repeal of Seditious Offences) Amendment Bill has unanimously passed its first reading in Parliament, and has been sent to the Justice and Electoral Committee for consideration. The intention of the Bill is to completely repeal the 'broad, variable, and uncertain' sections of the Crimes Act 1961 that create the offence of sedition. Offences of sedition include, encouraging violence, lawlessness or disorder against authority, or acts that may cause danger to public safety. The Government Bill was introduced after the Green Party, the Maori Party, ACT and United Future joined together to advocate repeal. Complete repeal however may be a drastic and unnecessary step. Clarity and certainty can be brought to the law by an amendment, rather than repeal, ensuring that it remains illegal to urge violence against lawful authority.

Read Crimes (Repeal of Seditious Offences) Amendment Bill http://www.parliament.nz/NR/rdonlyres/38F23D0F-AF69-4989-8869-4F3C157427AF/57121/DBHOH_BILL_7948_50697.pdf

THE CHINESE EDUCATION MARKET

Top primary and secondary schools in China are making extra money by selling debentures. Parents are paying more and more outrageous prices to buy them, in an attempt to secure places for their children at the best schools. In Hong Kong, there is a high demand for parents wishing to send their children to international English-speaking schools, and these places are being bought up by wealthy parents and even by some companies. The debentures are not interest-bearing, yet with demand high, prices are going through the roof. The South China Morning Post reported that a family in Hong Kong paid HKD 1 million (approximately NZD 170,000) to secure a place for their young daughter in an entry level primary school class.

TALKING POINT

'The tough community sentences we have developed have proved to be more successful in reducing re-offending.'

Lord Falconer

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ENDS

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