We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.

Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

Discriminating against people on the basis of philosophical belief is unlawful

I suspect that we all hear a lot about discrimination by employers against people on the basis of sex, race, disability, religion and age, but there is also under the Equality Act 2010 (all 90,000+ words of it) in Great Britain protection against discrimination on the basis of philosophical belief, or the lack of it. Or rather, you have a means of legal retaliation against your employer.

The main case in this area came from an employee who had a profound belief in ‘man-made climate change’, but a recent legal case involving a Mr Harron has shed a bit more light on the issue. Mr Harron apparently had a problem with his employer, for which he sought legal redress, he had:

a belief (which the Employment Tribunal thought genuine) that public service was improperly wasteful of money

He worked for Dorset Police.

One might think that this sounds like a vegan putting himself on the boning line in a slaughterhouse. However, all we know is that Mr Harron though waste of money improper, not public service. It is not clear from the case how it was (or was alleged) that this belief led to Mr Harron suffering at the hands of his employer. Poor Mr Harron has also had a Tribunal waste public money holding a hearing listening to his case and getting the law wrong, and now he will have to go back and re-argue his case all over again.

At least we do know that in order for a ‘belief’ to qualify for legal ‘protection’, there are 5 criteria to be met.

(i) The belief must be genuinely held.

(ii) It must be a belief and not,… …an opinion or viewpoint based on the present state of information available.

(iii) It must be a belief as to a weighty and substantial aspect of human life and behaviour.

(iv) It must attain a certain level of cogency, seriousness, cohesion and importance.

(v) It must be worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others.”

Note that if your ‘belief’ is evidence-based (or even reason-based, like economics), as per (ii) above, your beliefs are not protected, but if you have a belief in an Flying Spaghetti Monster, your beliefs might be ‘protected’. But sacking a libertarian because he did not believe in climate change would be unlawful as it would relate to the ‘absence’ of a belief, rather than the holding of it.

Of course, no libertarian would be seen dead suing his employer over discrimination, so may we say that those of us of a libertarian bent would not sue if fired or harassed at work for being a libertarian (of whatever shade or degree)? In fact, claims of this sort seem to be quite rare.

For information, membership of a political party per se does not qualify one as holding a ‘philosophical belief’, which is an inadvertent judicial recognition of what is fast becoming the ‘bleeding obvious’ with some parties. And ‘Jedi Knights’ will find that the Force (of the law) is not with them.

The de-ulsterisation of Ulster

When I was a child Northern Ireland was rarely off the front pages. That has changed, and thank God for that. Back in the ’90s, I did not expect the peace process to work. This just papers things over, I thought; it has done nothing to solve the fact that the two sides want incompatible things. But the years have gone by and that layer of paper appears to be holding up the whole house.

Why? I am happy it worked, but why has it worked?

Maybe the two sides stopped wanting incompatible things. Or to be accurate, one of them stopped caring so much and the other almost stopped caring at all. In 2011 I saw a few scattered reports about this survey that said 52% of Northern Irish Catholics in the sample wanted to remain in the UK. Given all the blood and ink spilled about that question the reaction to this was curiously muted. Sinn Fein, its raison d’être gone, continued to do pretty well in elections to the NI Assembly, local elections and EU elections.

Today’s Observer has another such story, equally little regarded. Malachi O’Doherty and his subeditor have done their best. They gave it a dramatic headline: “The nationalist identity crisis that could change Northern Ireland for ever”. Yet at time of writing it has a grand total of 54 comments while the umpteenth opinion piece in which a Labour guy with some connection to reality laments the unelectability of Corbyn has 3,882.

Yet Mr O’Doherty’s story records a development that no one would have dared predict twenty years ago:

The easy assumption about politics in Northern Ireland is that it is a contest between two ideas of sovereignty. Unionists see the place as British; nationalists see it as Irish. And the Good Friday Agreement, in effect the constitution – according, as it does, sovereignty rights to each – is the best interim solution to the old quarrel.

This election has signalled a change in the old model of two mirror-image communities at odds with each other
But one of these two blocks is not sticking to the old template. Nationalism – if we can even call it that any more – is diversifying. And the strongest evidence of that is the fact that in the assembly elections Sinn Féin has taken its first reversal in its traditional heartlands of Derry and West Belfast. The party was outflanked on the left by People Before Profit, an anti-austerity party that has also put economic policy before ending partition.

Not just on the left,

And Sinn Féin wasn’t the only nationalist party to suffer. The SDLP lost seats in both cities, too – and one of those, held by Fearghal McKinney, was fought over the question of whether abortion should be legalised. McKinney had allowed himself to be photographed beside strident anti-abortion campaigners – and paid for it.

The issue had risen to unexpected relevance with the prosecution of a young woman who had self-administered abortion pills. Both Sinn Féin and the SDLP are now caught in a dilemma over this issue and stand to lose voters whichever way they move. They can placate the conservative Catholics by holding fast to “pro-life” positions and lose the newly secular liberals; or they can go with them, as the Green party did to its advantage, and lose the religious.

Yet even among conservative Catholics who do want a united Ireland, some have put their moral causes before the constitutional question. In East Derry last week, a group of conservative Catholics campaigned for the DUP as the party most likely to resist abortion reform and the legalisation of same-sex marriage.

I am not trying to get anyone to cheer for the unionist or the nationalist side, just observing that a significant change has quietly taken place.

Farewell the plumèd troops and the big wars
That makes ambition virtue! Oh, farewell!
Farewell the neighing steed and the shrill trump,
The spirit-stirring drum, th’ ear-piercing fife,
The royal banner, and all quality,
Pride, pomp, and circumstance of glorious war!
And O you mortal engines, whose rude throats
The immortal Jove’s dead clamors counterfeit,
Farewell! Othello’s occupation’s gone.

Quite right too…

Politicians from all sides lined up to condemn the Conservative Party tactics in the race, but in the aftermath, Defence Secretary Michael Fallon refused to apologise.

“In the rough and tumble of elections, you get stuff said, questions asked,” Fallon told the BBC. “I think it is right that candidates for some of the most important offices in Britain do get scrutinised about their past associations.”

And Fallon is right to refuse to apologise, because apologising for highlighting Sadiq Khan’s vile associates would be like apologising for highlighting the past associates of some ‘right-winger’ who had shared a platform with members of the KKK.

What the Tory Party should be apologising for is running a twattish zillionare green like Zac Goldsmith as a candidate.

Something they don’t want you to think about

Oh, they’ll report it. Every now and then, tucked away among “other news”. But not in any depth. The evasion is not conscious. Such a strange and disturbing story unsettles their deepest assumptions about humanity, about what is happening to the world. They would rather not think about it.

Link.

Trade is a good thing

A nice riposte to the “we don’t make anything anymore and those evil Chinese sell us stuff and take our jobs” line that comes from both Donald Trump, Bernie Sanders, and quite a few politicians in other parts of the world:

On the trade front, American manufacturing continues to expand and thrive — an absolute economic fact that is, perversely, unknown to the great majority of Americans, who believe precisely the opposite to be the case. Americans have false beliefs about manufacturing for a few reasons: One is that while our factories produce much more than in the past, they employ fewer people; another is that we tend to produce capital goods and import consumer goods — you won’t see much labeled “Made in the USA” at Walmart, but you’ll see it on everything from the aircraft flown by foreign airlines to the robotics in automobile factories overseas. Another factor, particularly relevant to the question of manufacturing and trade, is that a large (but declining) share of those imported consumer goods comes from China, a country with which we have a large trade deficit. That isn’t because the Chinese are clever, but because they are poor: With an average annual income of less than $9,000, the typical Chinese household is not well positioned to buy American-made goods, which are generally expensive. (China is a large consumer of U.S. agricultural products, especially soybeans.) Add to that poorly informed and sentimental ideas about what those old Rust Belt factory jobs actually paid — you can have a 1957 standard of living, if you really want it, quite cheap — and you get a holistic critique of U.S. economic policy that is wholly bunk.

Kevin D. Williamson

Anti-Semitic apologist for terrorists voted Mayor of London, again

Following in the foetid footsteps of Ken Livingston, as expected it looks almost certain that racist judenhass Sadiq Khan has won against Zac Goldsmith. In other words, the Labour Party’s best buddy of a who’s who of islamofascism, has beaten the château bottled shit on the far left green lunatic fringe of the Tory Party, all with the blessings of that shrewd political operator, David Cameron. The Evil Party faced the Stupid Party, and the Evil Party won.

It is a bit like the Hillary Clinton-Donald Trump contest across the puddle, writ very small and without anyone getting their hands on nuclear weapons: the two parties competing to see which of them could run a more loathsome candidate.

Sixty pages

Tom Peterkin of The Scotsman reports:

Revealed: what can happen when a Named Person reports on your children

The Named Person scheme is to be rolled out across Scotland in August but one father’s experience of the pilot rings alarm bells for its many opponents

The handwritten note on an official form read: “Mr Smith feels it is impossible to stop his youngest son from sucking his thumb as he needs it for comfort. Did not appear to take advice on board fully.”

The words, written by the two-year-old thumbsucker’s Named Person, sent a shiver down the spine of Andrew Smith [not his real name], a father-of-two young boys and a respected academic at one of Scotland’s leading universities.

Contained within a 60-page document that had been compiled about his family, the note referred to a blister which had appeared on the toddler’s thumb as a result of the childhood habit. It also suggested Smith contact his GP if the blister became “hot to touch or very red”.

Smith, whose name has been withheld to protect the identities of his children, grew more alarmed as he leafed through the document, the vast majority of which had been redacted.

The surviving extracts appeared to indicate that the minutiae of his family life had been recorded in painstaking detail for almost two years, under a Named Person scheme which has been introduced in his part of the country ahead of its final roll-out across all of Scotland in August. A separate note made by the Named Person charged with keeping an eye on the academic’s two little boys was concerned with nappy rash.

It says elsewhere in the story that someone – exactly who was redacted – had reported this man because his kid had a snotty nose. It is a standing joke how quickly you go from tut-tutting at that sight to sympathizing with the parent once you have children yourself. As one of the commenters to this story, “Badenoch”, says,

There is a lot in this act which gives control over a child and it contain some ‘deceptive’ language with words like ‘wellbeing’. What does that mean legally?

Excerpts from the act.

“the wellbeing of a child or young person is being or would be—promoted, safeguarded, supported, affected, or subject to an effect.

“assess the wellbeing of the child or young person by reference to the extent to which the child or young person is or, as the case may be, would be—Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible, and Included.

If a child picking blackberries falls into a shallow burn and siblings, friends or parents laugh at the child’s misfortune. Has the child been placed in danger, poorly supervised, bullied and excluded? Or Has it been encouraged, active, nurtured and included? Who decides and once written down, and read by a third party, can it then change into something sinister ?

A Poem of Two Chancellors

Regular commenter Niall Kilmartin started writing this poem as part of the Erdogan poetry competition but found his thoughts turning in a different direction:

              A Poem of Two Chancellors

   Though Erdogan is just the man to merit mocking poetry,
   Another leader claims my pen, a graver cause is troubling me:
   I write of Merkel’s acts because they do not cause me levity.
   Oh Angela, was Adolf’s genocidal dream once also thine?
   I doubt it, yet it’s you, not he, who makes your country Judenrein
   (And these days PC tells the Jews it’s hate speech if they dare to whine).

   ”The best man for the job? Why, choose a woman!” – that’s a bitter joke
   When calling doubters ‘Nazis’ is the means by which you meanly cloak
   What kind of ‘refugees’ are brought by all this ‘kindness’ you invoke.
   We know they’re really migrants since we see they mostly are young men.
   We know young men commit most crimes in any group – it follows, then,
   That their rate (high enough at home) must here be multiplied again.

   Think you, if most of them don’t kill, it will not be like World War Two?
   (When, as you know, most Germans did not personally kill a Jew;
   When most are scared or hate-filled, acts of killing only need a few.)
   Now each one missed by Hitler will be hissed or spoken of likewise
   By migrants who care not if they are heard by one, percentage-wise
   from that subgroup who won’t just talk but will make sure that that Jew dies.

   At least I can be glad most Jews you rule can flee abroad (absurd
   that they’ll be refugees for real – and so will be by you ignored).
   A few new graves, attracting vandals hypocritically deplored,
   Alone will then commemorate them, those canaries in the mine.
   Oh Angela, was Adolf’s genocidal dream once also thine?
   I doubt it, yet it’s you, not he, who makes your country Judenrein.

These two lines made the poem for me:

A few new graves, attracting vandals hypocritically deplored,
Alone will then commemorate them, those canaries in the mine.

Over-fearful? I would be glad to think so. I usually do think so. But the quickest of internet searches throws up recent news stories like this one from Spiegel Online International, “Skepticism of German-Israeli Friendship Growing in Berlin”, and this one from Deutsche Welle (DW), “Immigrants Beyond the Law”. The latter story says that migrants from warzones such as Syria, Iraq and Afghanistan are not particularly criminal but says, ‘It is a completely different story with immigrants from Morocco, Algeria and Tunisia though. “Activity quotas” for North Africans are no less than 40 percent.’ Wow. You would never guess from the strapline and first few paragraphs of the DW story that it contained such a statistic as that. Such evasion is typical and does much to increase mistrust.

Dealing with those awkward social moments when someone mentions Labour and anti-semitism

Most of the time I have fairly tight choice over the sort of people I talk to and associate with, which means that I usually have a reasonable chance of not breaking bread, so to speak, with sympathisers with Islamic terror, haters of Jews, haters of capitalism, America, the West, fun, etc. Okay, there are one or two people who are in social circles I mix in who have what I consider to be “out there” views (I know one lady who seems, in her dottily amusing way, to be a full-on Jeremy Corbyn fan), but they are few and I can ignore them without giving offence. A more challenging problem are those family gatherings (I have just been involved in one) where a person I know who is quite close to my family  stating why it wasn’t odd or bad that the inhabitants of Israel should be “transported” to the US (as has been suggested by a Labour MP and councilllor), or some other large continent, far away from the Middle East, and that Ken Livingstone should not be pilloried for saying Hitler was a sort of Zionist, and that Jewish people are over-sensitive, and anyway they control the media, and that this person never buys anything which might have come from Israel…

In that situation, what do I do? (I was sitting at a table, having a family dinner). Do I:

Get up slowly, announce that I am not sharing the same room with this person again?

Try and think of a smart rejoinder that will shut the person up (if so, anyone got a suggestion)?

Send a copy of George Gilder’s The Israel Test?

Put laxative in the coffee?

Also, how do commenters here deal with the “maniac in the room” problem, such as the Uncle who brings up violent opinions or views so batshit ugly that no-one knows where to look? The responses may be different on which side of the Atlantic one is on. In the UK, it has been for a long time considered bad form to have arguments about politics and religion at all, particularly in family settings where there are children around, etc. In the US, it may be different.

I’d be very interested to know what people think.

This was… inevitable

hat tip: Tim Evans 😉