The White Paper for Vulnerable Children

Paula Bennett has released the Government’s White Paper. There’s a lot of recommendations in it. Some of them include:

  • Introduce a Vulnerable Children’s Bill which includes provisions requiring agencies working with children to place the child’s interests at the centre
  • Introduce legislation for Child Abuse Prevention Orders to keep children safe from abusers who pose a risk to children
  • Implement integrated care plans for each child in care
  • A free “Child Protect” line up and running for the public to report concerns by phone, email, text or online
  • Introduce legislation requiring all agencies working with children to have policies and reporting systems in place to recognise and report child abuse and neglect
  • Frontline people who work with children (eg doctors, teachers) to be trained to recognise the signs of child abuse
  • Introduce legislation, if required, to support greater information-sharing between government agencies and also with Non-Government Organisations (NGOs)
  • Implement the Vulnerable Kids Information System, including training for those using the system
  • Establish local multi-disciplinary Children’s Teams (CYF,Health, Education, Justice, Police, Housing, TPK) in reach region
  • Engage with iwi on the establishment of a national register of approved iwi caregivers
  • Investigate extending paid parental leave type support for caregivers providing a Home for Life
  • Introduce new obligations for vetting and screening processes, and set minimum standards and core competencies for those working with children
  • Introduce legislation to restrict people, in the home and at work, who pose a high risk to the safety of children from living or associating with children, and to provide the right arrangements for safe care of children
  • Seek donations from individuals, corporates and other groups for a scholarship fund for vulnerable children
  • Commission an independent review of the existing Child, Youth and Family complaints processes to determine whether changes need to be made, including the possibility of establishing an independent complaints mechanism, separate from the Ministry of Social Development

I think there are some very worthwhile initiatives there, especially the Vulnerable Kids Information System. Yes it is Big Brother a bit, but far too many kids are being beaten, abused and killed, because they fall through the gaps.

I predict Labour will try and avoid saying anything at all on the substance, but bleat about “child poverty” as they seem to think that lowering the median household income (which would bring low income families out of poverty as poverty is defined relative to the median income) will solve everything.

Of course poverty is a factor in areas such as child abuse and crime. But we have shown that you can reduce the violence crime rate by getting policies and laws right. Likewise one can do the same with child abuse – however it is much harder as we often do not know they are victims until too late.

Tamihere and Labour

The Herald reports:

John Tamihere will have to wait until November to find out if the Labour Party will take him back as a member – and it could depend on whether others in the party raise objections.

Mr Tamihere confirmed he had applied online to become a member again and had sent a note to the party informing it of this.

Party secretary Tim Barnett said Mr Tamihere would be subject to more scrutiny than usual because of his high public profile.

It was “unusual but not unheard of” for membership to be refused.

The party’s leading council would have to decide if there were any formal objections to Mr Tamihere rejoining. None had yet been received.

“From my point of view, I would just look at the record of membership in the past and anything on things he might have allegedly said or done that might have brought the party into disrepute.”

I think JT is wasting his time. If there are some in Labour who don’t even want him as a member, what chance that he can win a selection, let alone be voted into Cabinet (if they win) by Labour’s Caucus?

JT has charisma and plain speaking in shades, is an appealing figure. But his history of poor judgement makes it most unlikely Labour would make him a Minister, even if he did become an MP. They may want to use him to gain votes, but I don’t think they’ll make him a Minister, and it is elected (for Cabinet anyway) by the caucus for Labour. I don’t think Shearer has enough dominance to push someone like Tamihere through.

Will unions highlight this bad employer fined for unfairly sacking a bad employer?

The Dom Post reports on an employer:

… been forced to pay $5000 for unfairly firing a sick Wellington worker. 

Ms Kindell had worked at the association’s Wellington office since 2005, but was dismissed after several extended periods of sick leave on pay, which included being hospitalised eight times.

Before dismissing her, the association made several attempts to assess whether Ms Kindell could return to work, most of which never took place following disagreements.

But the authority said the association should have tried harder before dismissing Ms Kindell without assessing whether she could return to work.

”A fair and reasonable employer could have investigated better by persevering to engage Ms Kindell and assemble all relevant information from the appropriate medical sources before making a final decision.”

So who is this bad employer who unfairly sacked a staff member for being sick? Will the unions run a name and shame campaign?

Well, as it is NZ’s largest union – the PSA, I guess not.

Roy Morgan poll

The latest Roy Morgan poll is sober news for National. They are still 8% ahead of Labour, but 5.5% behind Labour and Greens combined. On this poll the seats would be:

  • National 51
  • Labour 41
  • Greens 17
  • NZF 8
  • Maori 3
  • United 1
  • Mana 1

You need 62 seats to govern, so either Lab/Gre/NZF or Nat/NZF/Maori. United Future and Mana might be there but wouldn’t make the difference.

The Roy Morgan poll can be quite variable but they have shown a 5% drop for National in the last month, and with the constant bad headlines this is not surprising. The Government is still progressing some very good policies, and making progress on the economic front (despite the high profile job losses).

I think the Govt needs to do a number of things to regain momentum. They include:

  • A commission of inquiry into the GCSB. The fact three other cases have been disclosed as being of uncertain legality gives the Govt grounds for this. Without an inquiry, the issue will drag on for the next six months or longer. The GCSB, with all respect, has displayed signs of incompetence.  It is almost unforgiveable that they took two weeks to recall that Kim Dotcom had been mentioned to the PM at a general briefing. They should have located that within hours, not weeks. I personally don’t believe there has been any ill intent, but there has been enough errors made, that it is difficult to see public confidence being restored without a more rigorous inquiry – not just into Dotcom. Such an inquiry could also review the legal framework around the GCSB, so it is future looking also.
  • Significant change to the Christchurch schools debacle. It could well be that all the changes are justified, and sensible in the long-term. But the why it was done has resulted in such ill feeling, that the Government needs to go for less change there. People know some stuff has to change, but go for the essential, not the “ideal” in terms of efficiency.
  • Amend the ECan legislation to make it a hybrid body as the Commissioners recommended. When not even the Commissioners are wanting to stay on as a purely appointed body, you have to ask why would the Govt do this?
  • Deal with the child poverty campaign (which is in fact a campaign for higher taxes and more welfare). National’s policies around welfare reform, national standards, reducing child abuse, better domestic violence laws are in fact all about reducing real child poverty, and giving more kids a better start in life. The left’s only answer to these issues is tax and spend. They won’t confront the much tougher issues of welfare dependency, the bottom 20% of students etc. National will. But National is not making the case well enough, and allowing the left to define child poverty as being just about “relative poverty” which in fact is just another name for income inequality.
  • Position the left as the party of higher costs for struggling households. People forget they want to ramp up the ETS so petrol and electricity prices increase. They want more inflation, which will hit struggling families. They want more taxes.

All Governments have had spells when they struggle in the polls. It happened to Labour six months into their first term (the winter of discontent). It seems to be happening to National six months into their second term. The challenge is to respond to it, and respond to it well.

Thanks Kiwirail

Herald reports:

The Government ended the last financial year to June 30 with a deficit of $9.2 billion – about half of what it was last year – but up from the $8.4 billion shortfall that was signalled in the May Budget.

The Treasury said the tax take was slightly higher than forecast and the Government’s core expenses were lower than forecast.

The write-off in the value of KiwRail by $1.4b on June 27 was not factored into the May Budget forecasts.

Excluding $1.9b in Christchurch earthquake costs, the operating balance would have been $7.3b, compared with $9.3b in the previous year, the Government said.

Tax revenues over forecast and crown expenses under forecast is where we want to be. The underlying deficit of $7.3 billion is $1,1 billion better than forecast. There are three years to hopefully get rid of it and get back into surplus.

The Kiwirail writeoff just confirms how badly the last Government got conned by Toll, in buying it. They still call it the sale of the century. Rail is viable when there is enough population to utilise the tracks frequently enough to cover the capital and maintenance.

That means some services such as Wellington metro trains are viable, as they are utilised scores of times a day.

But take the main North Island trunk. There is now only one passenger trip a day on it (used to be four). Sure you have some freight also, but it is not enough to be viable.

English said excluding the one-off effects of the KiwRail writedown, the books were better than forecast.

Tax revenue increased by $3.5b from the previous year and core government expenses fell by $1.4b.

Good. To have an actual decrease in expenses (not just a slowing in the increase) is quite an achievement. A necessary one. Recall we were facing a permanent structural deficit, which only ends in disaster.

Wednesday Wallpaper | Haast River, South Westland

misty evening light over the haast river, near Haast Pass

Evening Light Over The Haast River, South Westland New Zealand. Landscape Photography By Todd Sisson

Sorry for the tardiness on this week’s wallpapering –  I’ve been running a day late (and several bucks short) this week due to the tyranny of school holidays.

This image has always called out to me from the depths of our image archive, but I have never shared it with the world – simply because I could never figure out how to bring the best out of it in post-processing (yes, I am a proud proponent of tasteful photoshoppery).  Fortunately, the problem resolved itself today when I walked past Sarah’s computer and spotted this on her screen – apparently it had called out to her too.  I think she has made it sing.

You may download the large version from this link:  [free iPad wallpaper] Password = freewallpaper

Also available on our website as a canvas print.

See you next week!

Cheers – Todd

[www.sisson.co.nz] [blog]

I must stop flying to Australia

The last two times I flew to Australia, the first and second Christchurch earthquakes occurred. Each time as I landed, I was reading tweets and stories about the devastation.

I was feeling cursed, when I saw the headline at The Press about a quake shaking Christchurch. Luckily only a 4.3, so not that strong. As it was shallow though, I understand it was felt strongly.

Pathetic claims over a second cousin

I’m sorry, but how is this even news? Stuff reports:

A new Christchurch school, which will be run by a relative of Education Minister Hekia Parata, is waiting on government approval.

The school, Te Pa O Rakaihautu, was endorsed by the ministry just weeks before work began on the overhaul of the city’s education in October last year.

It is understood the final application is lodged and awaiting approval. Te Pa is chaired by Parata’s second cousin, Rangimarie Parata Takurua, sparking accusations from Labour of a conflict of interest.

I know it is the opposition’s job to try and invent scandals, but this one is pathetic.

A second cousin?

Can anyone out there tell me they seriously think a second cousin is a conflict? How about third or fourth? I’m not sure even a first cousin would be. Hell, I haven’t even met all my second cousins.

It will be a character school, which is similar to a charter school. Both are state-funded and have the power to develop their own way of teaching.

Te Pa was endorsed in September last year by former education minister Anne Tolley before Parata took over the education portfolio after the November general election.

So what is the issue, and why is this even worth the space?

Labour associate education spokesman Chris Hipkins said there was a clear conflict of interest that should have been revealed.

He said the ministry was working to “clear the decks” for privately run schools.

This is a public school! The Labour paranoia against the private sector is infectious.

 

GCSB need to fix their equipment

Stuff reports:

A mysterious low-pitched humming sound has been troubling some Wellington residents for the last few days and it seems no-one has any idea what it might be.

The Wellington City Council has had several calls over the past few days with the most recent being about 5am today.

Spokesman Richard MacLean said the complaints had been coming in from Mt Victoria, Newtown and Mt Cook residents. “We are interested to hear if this starts to become a constant thing. We are keeping our ear to the ground.”

It’s just feedback from the underground surveillance system, as they change frequencies to go digital!

The Scottish Independence vote

Stuff reports:

Scotland will hold a vote in 2014 on independence in what could result in the eventual breakup of Britain, a British government minister said on Tuesday.

The announcement ended months of stalemate between the Westminster government in London and the Scottish devolved administration in Edinburgh.

‘‘What will happen is that Westminster will devolve the power to the Scottish parliament to hold a single-question referendum on whether Scotland should be in or out of the United Kingdom,’’ Scotland Office minister David Mundell told Sky News.

‘‘We anticipate that happening in autumn 2014.’’

A straight up and down vote is a win for David Cameron. The SNP wanted an in-between option which would have seen them gain powers without responsibility.

Support for independence is well under 40%, and hard to see that changing. Personally I’m not sure it would be an entirely bad thing, as losing Scotland would mean Conservative Governments almost always in the rest of the UK. And the SNP would then have no reason to exist, once Scotland was independent.

What chance Scotland would join the Euro  or even the EU, based on the current situation in Europe? Pretty low.

Borismania

The Telegraph reports:

The Mayor of London blew into its conference in Birmingham, a hurricane of blond hair, media attention and other people’s speculation about his prospects of one day taking David Cameron’s job.

His reception – in a city not noted for its Tory support – was more suited to a rock star than a politician, with crowds of passengers chanting his name at New Street station.

Boris got mobbed – at Birmingham train station? That’s incredible.

I think people like Boris, because they know what they see and hear is the real thing – warts and all.

At the conference centre, he was surrounded by a scrum of cameramen and photographers so intense that one was thrown to the floor and required medical attention.

As much as I’d love Boris to be PM, I think his personality is better suited to being an Executive Mayor than a Prime Minister – which is much more about leading and managing a team.

But if there are any resignations of Conservative MPs in London seats, the temptation may be too much.

The real presidential debate

Fed Farmers say no to printing money

The Greens claim their printing money proposal (which Labour supports, so long as the RB decides to do it, not the Govt) is to benefit exporters.

Well the group that represents more exporters in NZ than any other, Federated Farmers, have said they think the proposal is lunacy.

3 News reports:

The country’s biggest export sector is strongly opposed to the Green Party’s suggestion that the Government should print money to bring down the value of the dollar.

The agricultural sector sells most of its products overseas and Federated Farmers says printing money, known as quantitative easing, would be “incredibly bad” for New Zealand. …

The Government has rejected the idea and Federated Farmers president Bruce Wills says it would “set off an inflationary bomb that risks returning New Zealand to the dark days of double-digit interest rates”.

Mr Wills says quantitative easing should be a “break glass in case of fire” policy option.

“New Zealand is nowhere near such desperate measures because our official cash rate is 2.5 percent versus 0.5 percent in the United Kingdom, 0.25 percent in the United States and 0.10 percent in Japan.”

This is what is so bizarre about the Greens policy. Those countries which are doing QE are not doing it because they want to. They are doing it as a last resort as they can not lower their cash rate any lower.

The Greens would have New Zealand as pretty much the only developed country in the world to print money and cause inflation, as a preference rather than a last resort.

The starting out wage

Kate Wilkinson has announced:

The Minimum Wage (Starting-out Wage) Amendment Bill provides for eligible 16- to 19-year-olds to be paid no less than 80 per cent of the minimum wage.

“The new starting-out wage will help some of our youngest and most inexperienced workers get a much-needed foot in the door, in what is currently a tight labour market.

“The starting-out wage was one of National’s 2011 campaign promises, and designed to provide 16- to 19-year-olds with the opportunity to earn money, gain skills and get the work experience they need.”

Three groups will be eligible unless they are training or supervising others:

  • 16- and 17-year-olds in their first six months of work with a new employer
  • 18- and 19-year-olds entering the workforce after more than six months on benefit
  • 16- to 19-year-old workers in a recognised industry training course involving at least 40 credits a year.

This is not a return to youth rates. While Labour will wail about this, the reality is that it is a modest extension of what they had in place.

Labour had a “new entrants” wage which also was at 80% of the minimum wage. It was for the first three months or 200 hours. Almost no employers (2%) utilised it due to the uncertainity over hours.

All National has done is doubled the period from three to six months, and extended its availability to those coming off a benefit.

So if you get a job at age 16, then at age 16.5 you will have to be paid the adult minimum wage if with the same employer. And please don’t tell me employers will sack staff after six months as a way to save money. Only a moron with no actual experience as an employer would think that. Staff recruitment and training is expensive.

Personally I would go far beyond what the Government has done. I would have no minimum wage at all, until people are legal adults at 18. The most important thing for a 16 or 17 year old s to start to gain some work experience. They almost invariably are living at home, and are not paying their own way in life yet. The value of an initial job in terms of skills, maturity but also references for future jobs is immense.

Why have the minimum wage start at 16, not 15 or 17 or 14? 18 is the logical age.

I do like the lower starting off wage for people coming off an extended spell on a benefit. But I’d not make that age restricted. I’d have that for anyone who has been on a benefit long-term.  So long as the work is paying significantly more than the benefit, then getting them that opportunity is all important.

This change is in fact quite minor. I can guarantee you that the media will treat the minimum wage change, as a maximum wage, and interview teenagers complaining about it, and portraying it as cutting their wages when it does no such thing. No one in a current job can have their wages cut. All it means is that they can be offered a job at a 20% lower rate than the adult minimum wage, for their first six months. The trade off is that it will mean more of them get jobs, but some of them will get paid less (for six months) than what it would have been. I have no faith that the media will get this distinction at all right.

Dom Post on Greens plan to print money

The Dom Post editorial:

New Zealand should have learned from bitter experience that it cannot shield itself from the vagaries of the international market. Labour and National tried that in the 1970s and early 1980s and ran up debts that took a generation to repay.

New Zealand is a small trading nation a long way from its markets. The only way for it to survive and prosper is to be flexible, adaptable and resilient. If the balance of economic power in the world is shifting, there is no use pretending it is not.

The decline in the value of the US dollar and the euro is a reflection of the decline in the relative worth of the American and European economies.

The attempts by American and some European policy-makers to reboot their economies by printing money are acts of political desperation.

It makes no sense for a country which has weathered the global financial crisis better than most of its Western counterparts to emulate their risky tactics. Printing money – or quantitative easing as it is technically known – fuels inflation, devalues assets and reduces purchasing power. Once started it is difficult to stop, as Germans discovered in the 1920s when wheelbarrows replaced wallets as the most efficient means of carting cash.

The Greens plan will see shares in Mitre 10 and Xerox increase!

It is interesting that Labour has not ruled out printing money also – just that they don’t want their fingerprints on it. The summary is:

  • Greens will force the Reserve Bank to print more money, driving up prices for all NZers
  • Labour will amend the RBA, to encourage the Reserve Bank to print more money, driving up prices for all NZers

Cycle helmets

The NYT Sunday Review:

One common denominator of successful bike programs around the world — from Paris to Barcelona to Guangzhou — is that almost no one wears a helmet, and there is no pressure to do so.

In the United States the notion that bike helmets promote health and safety by preventing head injuries is taken as pretty near God’s truth. Un-helmeted cyclists are regarded as irresponsible, like people who smoke. Cities are aggressive in helmet promotion.

But many European health experts have taken a very different view: Yes, there are studies that show that if you fall off a bicycle at a certain speed and hit your head, a helmet can reduce your risk of serious head injury. But such falls off bikes are rare — exceedingly so in mature urban cycling systems.

On the other hand, many researchers say, if you force or pressure people to wear helmets, you discourage them from riding bicycles. That means more obesity, heart disease and diabetes. And — Catch-22 — a result is fewer ordinary cyclists on the road, which makes it harder to develop a safe bicycling network. The safest biking cities are places like Amsterdam and Copenhagen, where middle-aged commuters are mainstay riders and the fraction of adults in helmets is minuscule.

That’s one anti-obesity measure I’d agree with – remove the legislative requirement to wear a cycle helmet or get fined.

I note helmets are becoming more common on ski fields. I dread the day when some official or NGO proposes making them compulsory.

Manufacturing jobs

Protectionism in 1926

This image is from the National Library.

Interesting to see the same arguments then, that we still get today. Some are still in the 1920s though, with the Greens policy being to retain or impose tariffs to stop “unfair” competition. They also advocate “Support the option of using an across-the-board tariff to address balance of payments problems”.

China and India has delivered hundreds of millions out of poverty thanks to the reduction of trade barriers and opening up their economies, yet the Greens still support tariffs and protectionism.

Jetstar strikes again

Elle Hunt at Stuff reports:

A woman says she was “absolutely humiliated” when a Jetstar flight attendant demanded a “pregnancy” medical certificate to fly despite her not expecting a baby.

Kelsey Hughes, 21, of Rangiora, was queuing to board her flight to Christchurch after a weekend in Wellington for the World of WearableArt show.

The flight attendant scanned her ticket and she moved on towards the plane. “Then he stopped and came over to me, holding up the whole queue, and said: ‘Excuse me, ma’am, do you have a medical certificate to fly?’

“I said: ‘A medical certificate? No, why?’, and he said: ‘You need a medical certificate to fly with your pregnancy’.”

Mortified, Miss Hughes explained that she was not expecting. “He said: ‘Oh. Really? Oops. Sorry!’, then just turned around and walked away. He just brushed it off as though it was a simple mistake that anyone could make.”

Oh my God, unless you can actually see the baby kicking, or the mum is the size of a beach ball, you never ever assume.

How could anyone think she is 28 weeks pregnant?

I like that Jetstar provides competition to Air NZ, but they really need to impose a customer service focus on their entire operations and culture.

Why kids should grade teachers

A great article at The Atlantic.

Nubia Baptiste had spent some 665 days at her Washington, D.C., public school by the time she walked into second period on March 27, 2012. She was an authority on McKinley Technology High School. She knew which security guards to befriend and where to hide out to skip class (try the bleachers). She knew which teachers stayed late to write college recommendation letters for students; she knew which ones patrolled the halls like guards in a prison yard, barking at kids to disperse.

If someone had asked, she could have revealed things about her school that no adult could have known. Once Nubia got talking, she had plenty to say. But until that morning of her senior spring, no one had ever asked.

She sat down at her desk and pulled her long, neat dreadlocks behind her shoulders. Then her teacher passed out a form. Must be another standardized test, Nubia figured, to be finished and forgotten. She picked up her pencil. By senior year, it was a reflex. The only sound was the hum of the air conditioning.

Teachers in the hallway treat me with respect, even if they don’t know me.

Well, this was different. She chose an answer from a list:Sometimes.

This class feels like a happy family.

She arched an eyebrow. Was this a joke? Totally untrue.

In towns around the country this past school year, a quarter-­million students took a special survey designed to capture what they thought of their teachers and their classroom culture. Unlike the vast majority of surveys in human history, this one had been carefully field-tested. That research had shown something remarkable: if you asked kids the right questions, they could identify, with uncanny accuracy, their most—and least—effective teachers.

This does not surprise me at all. I know from my own experience that most kids at school absolutely know who are the teachers who inspire you and make you want to learn, and those who are ineffective. This is not always the same as who the popular ones are. My chemistry teacher was widely mocked as a robot, but everyone said he was a very good teacher.

The point was so obvious, it was almost embarrassing. Kids stared at their teachers for hundreds of hours a year, which might explain their expertise. Their survey answers, it turned out, were more reliable than any other known measure of teacher performance—­including classroom observations and student test-score growth. All of which raised an uncomfortable new question: Should teachers be paid, trained, or dismissed based in part on what children say about them?

I wouldn’t go that far, but I think student evaluations should be routine.

So far, this revolution has been loud but unsatisfying. Most teachers do not consider test-score data a fair measure of what students have learned. Complex algorithms that adjust for students’ income and race have made test-score assessments more fair—but are widely resented, contested, or misunderstood by teachers.

So this is what the NZEI and PPTA should propose as an alternative – student evaluations.

A decade ago, a Harvard economist named Ronald Ferguson went to Ohio to help a small school district figure out why black kids did worse on tests than white kids. He did all kinds of things to analyze the schoolchildren in Shaker Heights, a Cleveland suburb. Maybe because he’d grown up in the area, or maybe because he is African American himself, he suspected that important forces were at work in the classroom that teachers could not see.

So eventually Ferguson gave the kids in Shaker Heights a survey—not about their entire school, but about their specific classrooms. The results were counterintuitive. The same group of kids answered differently from one classroom to the next, but the differences didn’t have as much to do with race as he’d expected; in fact, black students and white students largely agreed.

The variance had to do with the teachers. In one classroom, kids said they worked hard, paid attention, and corrected their mistakes; they liked being there, and they believed that the teacher cared about them. In the next classroom, the very same kids reported that the teacher had trouble explaining things and didn’t notice when students failed to understand a lesson.

The Hattie research confirms this also.

But Kane also wanted to include student perceptions. So he thought of Ferguson’s survey, which he’d heard about at Harvard. With Ferguson’s help, Kane and his colleagues gave an abbreviated version of the survey to the tens of thousands of students in the research study—and compared the results with test scores and other measures of effectiveness. The responses did indeed help predict which classes would have the most test-score improvement at the end of the year. In math, for example, the teachers rated most highly by students delivered the equivalent of about six more months of learning than teachers with the lowest ratings. (By comparison, teachers who get a master’s degree—one of the few ways to earn a pay raise in most schools —delivered about one more month of learning per year than teachers without one.)

Students were better than trained adult observers at evaluating teachers. This wasn’t because they were smarter but because they had months to form an opinion, as opposed to 30 minutes. And there were dozens of them, as opposed to a single principal. Even if one kid had a grudge against a teacher or just blew off the survey, his response alone couldn’t sway the average.

Student evaluation shouldn’t be the only data a school collects, but it should be a near mandatory one.

Of the 36 items included in the Gates Foundation study, the five that most correlated with student learning were very straightforward:

1. Students in this class treat the teacher with respect.

2. My classmates behave the way my teacher wants them to.

3. Our class stays busy and doesn’t waste time.

4. In this class, we learn a lot almost every day.

5. In this class, we learn to correct our mistakes.

When Ferguson and Kane shared these five statements at conferences, teachers were surprised. They had typically thought it most important to care about kids, but what mattered more, according to the study, was whether teachers had control over the classroom and made it a challenging place to be. As most of us remember from our own school days, those two conditions did not always coexist: some teachers had high levels of control, but low levels of rigor.

Again, this meshes with my experience.

No one knows whether the survey data will become less reliable as the stakes rise. (Memphis schools are currently studying their surveys to check for such distortions, with results expected later this year.) Kane thinks surveys should count for 20 to 30 percent of a teacher’s evaluations—enough for teachers and principals to take them seriously, but not enough to motivate teachers to pander to students or to cheat by, say, pressuring students to answer in a certain way.

This would be an excellent Budget 2013 initiative!

Turning employees into shareholders

The Herald reports on a policy just announced by UK Chancellor George Osborne:

The chancellor then sprang a surprise with his plan to swap shares for rights.

Workers could buy up to £50,000 in shares of the company they work for with all profits being tax free. In exchange employees would abandon their rights on unfair dismissal, redundancy and flexible working.

British unions immediately opposed the plan, which is due to come into effect in April 2013.

So long as it is voluntary, I think this is a nice idea. Businesses work better when employees have a stake in it as shareholders. However not sure one does it by way of tax breaks.

IT professionals on software patents

Institute of IT Professionals CEO Paul Matthews writes:

 The latest example is last week’s Institute of IT Professionals poll where a resounding 94 percent of IT Professionals with a view favoured the Institute continuing to oppose software patents. Yes, 94 percent. And not a small poll either – over 1000 of our members responded.

That is a huge vote. It clearly shows that those at the coalface of IT, have a very united view on the issue of software patents.

So why do so many oppose software patents? One reason is that the last few years of software-patenting decisions means it’s now simply not possible to write software today without breaching patents. Many believe software patents represent the biggest threat to our profession since Turing kicked things off at Bletchley Park, as do the patent trolls; lawyers who increasingly make a living out of gaining patents on obvious things and suing successful technologists.

This is seen in the US a lot, with patent wars. In the IT realm, they have become about lawsuits, not innovation.

Another reason is the total unsuitability of the patent system to software. Imagine if Mary Shelley was able to patent the concept of a horror novel when she wrote Frankenstein, preventing all future horror novels that might compete with hers. It wouldn’t matter that Frankenstein was inspired by prior gothic novels such as The Castle of Otranto from 1764.

Like software, book genres and plot “inventions” are built on those that came before them. Allowing someone to take this prior work, box it up differently then gain monopoly rights preventing others from doing the same does nothing other than stifle innovation. Like with books, copyright does the job for software.

Think if you had patents over political policies. Political parties could sue each other for stealing their ideas!

During the second reading of the Patents Bill in Parliament Minister Foss stated “There has been no change to the select committee’s intention that computer programs should not be patentable” and repeated four times that under the SOP, a computer program will not be patentable. Four times.

So will the ‘as such’ wording mean that software can’t be patented in New Zealand as the minister apparently believes?

The patent lawyers certainly don’t seem to think so.

In commentary in the Law Society’s LawTalk magazine Barrister Clive Elliott writes that the proposed exclusion of computer programs “has been scrapped” by the minister’s SOP which “restores the status quo”.

A prominent IP lawyer Andrew Brown QC has written that the SOP “will effectively allow patentability of computer programs”. Attorney Doug Calhoun states that with the SOP there is “no real change in the law” and IT lawyer Guy Burgess states that the wording “fails to exclude software patents”.

In fact other than the minister’s advisers, we can’t find a single patent expert or lawyer who thinks the minister’s ‘as such’ wording will actually mean software is not patentable. We were also easily able to compile a sample of 150 seemingly pure software patents granted in Europe over the last 12 months under this wording and the number is likely far higher – some say as high as 30,000.

That is a good challenge. Is there a lawyer out there who thinks the “as such” wording will not lead to software continuing to be patented in NZ? Certainly many lawyers support the wording – but that seems to be because it will allow patents.

So has the government buckled under pressure from the US and decided to backtrack on the unanimous decision of the select committee? Do they now support the patenting of software against the wishes of the vast majority of the kiwi software industry? 

If so, we wish they’d just come out and say so.

Or have they simply stuffed up by suggesting adopting wording into law that has been proven overseas to have the exact opposite effect of what they intend?

As LV Martin used to say, it’s the putting right that counts. Circumstances change and the implications of the European decision from 2010 is only really becoming clear now. If it’s a stuff-up it’s easy to fix, minister. Simply remove 10A(2) and we’ll all sing your praises from the rooftops.

I think the Government may underestimate how strongly most of the ICT community feel on this issue. The 94% vote should ring warning bells.