Data protection 1998–2008

This article reviews key developments in data protection legislation, case law and practice between 1998 and 2008. Over this time data protection has become a mainstream compliance topic for business and government alike. Having started in 1998 as a specialist area of limited general application, over the decade this area of law has been widely applied to access rights, international transfers of information and data losses. We are now seeing major changes in enforcement of data protection legislation (including the power to fine and increased use of audits) which will continue the focus on compliance.     

The Revised Directive on Waste: Resolving Legislative Tensions in Waste Management?

The revised Directive on waste (Directive 2008/98/EC) enteredinto force on 12 December 2008. The purpose of the revised Directiveis to simplify the existing legislative framework for wastein order to encourage the divergence of waste away from landfills,to strengthen legal certainty and minimise burdens on businesses,regulators and stakeholders. This article explores the mainfeatures of the revised Directive and assesses them againstthe European Commissions' intentions in introducing the Directive.In addition, the paper considers the extent to which the revisedDirective promotes successfully (i) reduction of natural resourceuse, (ii) prevention of environmental impacts of waste generation,(iii) life-cycle thinking and; (iv) securing waste prevention.The paper concludes that there is still room for further clarification,particularly in relation to the criteria for by-products andthe new waste management terms ‘end of waste’ and‘preparing for re-use’. Whilst the revised Directivehas weaknesses and limitations it should be considered withinthe context of decision-making. In this way it represents amulti-party, multi-institutional and multi-national compromisewhich should be considered as a progressive step towards improvingthe whole life-cycle of products and resources. Undoubtedly,the revised Directive sets the tone for future legislative developmentsand bolsters the importance of extended producer responsibilityin future waste management measures.     

The benefit and cost of prison in the UK. The results of a model of lifetime re-offending

With prisons in the UK reaching full capacity, and with similar trends in other European countries and the USA, there is much political debate about the efficacy of prison and community sentences. This paper aims to inform this debate by testing the hypothesis that prisons are an effective and efficient way of reducing re-offending. A rapid review of effectiveness studies was performed to determine the relative impact of prison and community sentences on re-offending. An economic analysis was undertaken to transform the estimates of effect into estimates of the economic efficiency of alternative sentencing options in the context of the UK. When compared with standard prison sentences, a number of community-based interventions and enhancements of standard prison sentences were found to save money, both for the public sector and for society more broadly. Diverting adult offenders from standard prison sentences to alternative interventions saves the UK public sector between ￡19,000 and ￡88,000 per offender. When victim costs are considered, diverting offenders from standard prison sentences saves UK society between ￡17,500 and ￡203,000 per offender. It was concluded that standard prison sentences are not an economically efficient means for reducing re-offending.

Inconsistencies in children's recall of witnessed events: The role of age,question format and perceived reason for question repetition

Purpose. Children's inconsistencies when answering repeated questions about past events are a source of concern in forensic, educational, and other contexts. Theoretical accounts of these inconsistencies have predominantly assumed that children shift because they infer adult dissatisfaction with their initial answer. This study aimed to test this account via examination of the effects of question format on shifting, as well as via direct questioning of children. Method. Four‐, five‐, and seven‐year‐olds (N = 226) were asked 17 recall questions about a recent classroom activity, with eight target questions repeated in one of four formats: no‐correct (mildly misleading questions to which the correct answer was ‘no’), yes‐correct (mildly misleading questions to which the correct answer was ‘yes’), specific open wh‐ questions, and forced‐choice questions. They were then asked about the adult's reasons for repetition. Accuracy, shifting, and interpretations of question repetition were examined. Results. Shifting from accuracy decreased with age, and was affected by question format in 4‐year‐olds only, who shifted more to no‐correct than to forced‐choice questions. Shifting towards accuracy was more common in forced‐choice questions than either no‐correct or open questions, but there were no significant age differences. First‐answer‐unsatisfactory interpretations of question repetition were rare, especially in the two younger groups. The oldest group offered a wider range of interpretations and also showed some evidence of an association between first‐answer‐unsatisfactory interpretations and shifting. Conclusions. Overall, our findings present a challenge to first‐answer‐unsatisfactory explanations of young children's shifting in recall settings, at least where overt pressure to shift is low. Forensic implications are considered.     

HMG, AIOC and the Anglo-Iranian oil crisis: In defence of Anglo-Iranian

At the interface of big business and government, with whom does influence and responsibility lie? Rarely is the answer clear-cut, yet accounts of the Anglo-Iranian oil crisis of 1948-54 have often roundly blamed the Anglo-Iranian Oil Company (AIOC) for British mishandling of it. This article seeks to redress the balance. Whilst no apologia for AIOC policy, it contends that HMG should shoulder much more responsibility than hitherto allowed. From clandestine partnership through to sacrificial pawn, the government used the company as an instrument of foreign policy as it sought to marry the protection of AIOC interests in Iran with wider concerns for combating communism and promoting the Anglo-American 'special relationship'.     

Book reviews

Philip Towle, Enforced Disarmament: From the Napoleonic Campaigns to the Gulf War (Oxford: Clarendon Press, 1997), x + 268 pp., £35 (hb), ISBN 0-19-820636-4.

Paul K. Davis, 100 Decisive Battles: From Ancient Times to the Present (Oxford and Santa Barbara, CA: ABC-Clio, 2000), 474 pp., £59.95 (hb), ISBN 1-57607-0751.

David Nicholls, Napoleon: A Biographical Companion (Oxford: ABC-Clio, 2000), 340 pp., £29.95 (hb), ISBN 0-87436-957-6.

The Satow Siam Papers: The Private Diaries and Correspondence of Ernest Satow, vol. i, 1884-1885, introduced and edited by Nigel Brailey (Bangkok: The [Thai] Royal Historical Society, 1997), iv + 203 pp., price not obtainable, ISBN 974-89918-7-3.

Ernest Satow, C.M.G., A Diplomat in Siam: H.B.M. Minister-Resident, Bangkok, 1885-88, introduced and edited by Nigel Brailey (Bangkok: Orchid Press, rev. edn. 2000), 208 pp., price not obtainable, ISBN 074-8304-73-6.

John Lukacs, Five Days in London, May 1940 (New Haven CT: Yale University Press, 1999), viii + 236 pp., £12.95, ISBN 0-300-08030-1.     

The Campaign Value of Incumbency: A New Solution to the Puzzle of Less Effective Incumbent Spending

A puzzle in research on campaign spending is that while expenditure is positively related to votes won, this effect is far more strongly, or even exclusively, enjoyed by challengers rather than by incumbents. We unearth a new explanation for the puzzle, focusing on the hidden, yet variable, campaign value of office perquisites which incumbents deploy in their campaigns to win votes. When these variable office benefits are unobserved, then the effect is to make observed incumbent spending less effective than spending by challengers. Using data from the 2002 Irish general election, where incumbency was assigned a variable campaign value and included in declared campaign spending, we are able to demonstrate this hidden incumbency effect and estimate its relationship to electoral success, in terms of overall votes, share of votes, and probability of winning a seat. Contrary to previous research showing ineffective incumbent spending, we find that when the campaign value of office is also measured, public office value “spending” is not only very effective in winning votes, but also seems to be more effective than regular incumbent spending.     

Decolonising online development studies? Emancipatory aspirations and critical reflections – a case study

Academics in high-income countries are increasingly launching development studies programmes through online distance learning to engage practitioner-students in low-income countries. Are such initiatives providing opportunities to critically tackle social injustice, or merely ‘mirroring’ relations of global inequality and re-entrenching imperial practices? Building on recent scholarship addressing efforts to ‘decolonise development studies’ and the complex power dynamics they encounter, we reflect on this question by analysing experiences of faculty and students in a United Kingdom-based online development studies programme, focusing particularly on perspectives of development practitioner-students working from Africa. We discuss barriers to social inclusivity – including the politics of language – that shaped participation dynamics in the programme as well as debates regarding critical development course content, rethinking possibilities for bridging counter-hegemonic development scholarship with practice-oriented approaches in a range of social contexts. Our analysis unpacks key tensions in addressing intertwined institutional and pedagogic dilemmas for an agenda towards decolonising online development studies, positioning decolonisation as a necessarily unsettling and contested process that calls for greater self-reflexivity.