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

It pays to brief your own side properly

Some time in the early 1990s I was a witness to a brief exchange in the House of Commons that went unnoticed at the time but would go on to change the world.*

The scene was an ill-attended debate on Legal Aid Fees – the fees paid to lawyers by the state for representing those of slender means, as the White Paper setting up the Legal Aid scheme in 1949 put it. At the time, I was a very junior civil servant, sent to sit in the Visitors’ Gallery as a minor jolly and to give me some idea of how Parliamentary Questions played out in real life.

Speaking for the Lord Chancellor’s Department – none of yer new-fangled “Ministry of Justice” rubbish then – was a Tory MP I will call My Guy. It was him I sometimes got to write whole paragraphs of briefing papers for. Speaking for the Opposition was a Labour bloke whom I will call Labour Bloke. Up pops Labour Bloke, newly briefed by the Law Society (the “professional association” for UK lawyers, like a trade union but less honest) on how the wicked Tories were driving legal folk to penury and leaving the poor without representation as a result. “What is the Minister going to do,” he said, or words to that effect, “about the savage and unjustified cuts to Legal Aid fees?”

My Guy – a lawyer himself but now poacher turned gamekeeper – smiles and says, “There have been no cuts to Legal Aid Fees”. Labour Bloke visibly checks the papers in his hand but restrains himself from saying the words “But it says here”. He did manage to stammer out something, to which My Guy, who was a bit of a snot but in the right here and knew it, merely responded with the same words again: “There have been no cuts to Legal Aid Fees”.

There followed some bandying of figures, but Labour Bloke never recovered his momentum. The reason the poor chap had been so sure there had been cuts was that the Law Society had made the mistake of feeding him the same guff they put out to the Guardian, which was cleverly worded to make the fact that fees had gone up by less than inflation sound like they had been cut. I could tell Labour had taken their line straight from the Law Society by the familiarity of the words and figures used. I remember thinking how foolish Labour had been to rely so much on one source, and even more strongly, how damning it was that a bunch of barristers [Edit: solicitors, not barristers, according to commenter “llamas”], professional arguers by all that’s holy, had failed to appreciate the folly in both law and politics of not telling their own advocate the whole story.

I was reminded of that exchange by seeing two things on the internet about the trial of Kyle Rittenhouse, which, please bear in mind, is not over.

One was this Guardian article, “Jury watches drone footage of Kyle Rittenhouse shooting man dead.” I do not say it contains any lies, but if that were your only source you would never know, you would never guess, you would never imagine, the existence of this video clip.

Imagine, dear reader, that you are a committed progressive. Imagine that you go online to argue against Rittenhouse, armed, if you will forgive the phrase, only with that Guardian article. How would it go? The mainstream media has passed a milestone in its decline to irrelevance when someone who wants to successfully argue for the same things the MSM argues for must use other sources besides the MSM.

*OK, the change concerned was that a quarter of a century later it would inspire me to write this Samizdata post, but that is undeniably part of the world and the world will have changed from not including my musings to including them once I press “Publish”, which I am doing now.

Charged with sedition – for cheering the wrong side at cricket

Back in 1990 the Conservative MP Norman Tebbit got a lot of stick for his “cricket test”. Amateur. They play that game more seriously in India. The Hindustan Times reports,

‘Those celebrating Pak’s victory will face sedition case’: Yogi Adityanath

Chief minister [of the state of Uttar Pradesh] Yogi Adityanath on Thursday said that the sedition charges will be invoked against those celebrating Pakistan’s victory against India in the recent T20 World Cup match.

“Those celebrating Pakistan’s victory will face sedition,” a tweet posted on the official handle of Adityanath’s office said.

The Pakistan cricket team on Sunday defeated the Indian side by 10 wickets in a Super 12 game in Dubai for their first win in 13 attempts over their arch-rivals in a World Cup match.

A senior police official said a total of five cases were registered against seven people in Agra, Bareilly, Budaun and Sitapur for allegedly using indecent words against the Indian cricket team and celebrating Pakistan’s vicory. He said one case each was lodged in Agra, Budaun and Sitapur while two cases were registered in Bareilly’s Izzatnagar police station.

The three Kashmiri students were produced in the court of the special chief judicial magistrate on Thursday. The court sent them to 14 days’ judicial custody. “During the course of the investigation, section 124-A (sedition) was added against these three Kashmiri students,” said PK Singh, the inspector in charge of Jagdishpura police station.

The report continues,

In Budaun, the FIR was lodged under IPC section 124 A for sedition and section 66 of the IT Act against one person at the Faizganj Behta police station.

“Sedition charges should not be invoked in case of cheering in sports. No violence happened in these cases. England had been our bigger and worst enemy ever. But many times people in India do laud England’s team or players.”, said a Samajwadi Party leader on condition of anonymity

The (wisely) anonymous speaker may have been prompted to mention India’s relatively friendly cricketing relations with England by the fact that, as the article says, most of the accused were charged under the notorious Section 124A of the Indian Penal Code. In 1922, Gandhi was imprisoned by the British under Section 124A and referred to it as the “prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen”. Ninety-nine years have gone by, seventy-four of them with India as an independent nation, and the prince remains in power.

Have you ever changed anyone’s mind?

Libertarians often like to tell their own “conversion story”, perhaps with just a touch of “humble-bragging” about their own open-mindedness. It seems impolite to boast of having changed someone else‘s mind. If the other person is present there is a distinct danger that they will purse their lips and announce they have jolly well changed back. In any case those who are good at changing people’s minds, as the late Brian Micklethwait was, do not think of it as winning a duel but more as clearing up any misconceptions that were stopping the other person from seeing the true situation and changing their own mind.

But naming no names, have you ever done it?

ACAB

As the vultures circle above Glasgow for the 2021 United Nations Climate Change Conference a.k.a. Cop26, here is a flashback to Cop15 which took place in Copenhagen in 2009:

Above all, Obama needed to be able to demonstrate to the Senate that he could deliver China in any global climate regulation framework, so conservative senators could not argue that US carbon cuts would further advantage Chinese industry. With midterm elections looming, Obama and his staff also knew that Copenhagen would be probably their only opportunity to go to climate change talks with a strong mandate. This further strengthened China’s negotiating hand, as did the complete lack of civil society political pressure on either China or India. Campaign groups never blame developing countries for failure; this is an iron rule that is never broken. The Indians, in particular, have become past masters at co-opting the language of equity (“equal rights to the atmosphere”) in the service of planetary suicide – and leftish campaigners and commentators are hoist with their own petard.

– Mark Lynas writing in the Guardian on 22 December 2009: “How do I know China wrecked the Copenhagen deal? I was in the room”

The majestic cycle continues: “Biden heads to crucial climate talks as wary allies wonder if US will deliver”. He won’t. China will wreck the deal. Developing countries will grandstand, led by the Maldives. Doom will be imminent if we do not get a Green New Deal within a timeframe just longer than one electoral cycle. Preparations will begin for Cop27.

“He told me it was now his apartment because he’s an anarchist and nobody owns anything.”

The indefatigable Andy Ngô reports a little falling out among Antifa comrades Sean Gabriel Lopez and Camillo Masagli:

Mr Lopez, who goes by the name “No$hu”, tweeted at 6:35 PM on Oct 18, 2021:

No$hu
@Noshu4me

Camillo ( who you know as trumpet man) and his girlfriend just tried to overtake my apartment. I let them stay there after they reached out to me from Seattle, telling me that they were houseless and needed help. I paid for their train ticket and gave them my space to stay in.

And at 6:40 PM.

He told me it was now his apartment because he’s an anarchist and nobody owns anything. I asked them to leave, and that only made them more angry. They than [sic] made threats while standing between me and the exit, but I was able to leave that night after letting them calm down.

Not to blow my own trumpet regarding “trumpet man”, but I predicted this ten years ago: “Upon what basis can an Occupy protest ask someone to leave?”

This doesn’t help

Some guys called “disclose.tv” sent this tweet:

NEW – The U.S. Occupational Safety and Health Administration (OSHA) will not enforce 29 CFR 1904’s recording requirements to require employers to record worker side effects from #COVID19 vaccination.

I do not know anything about disclose.tv but the link does seem to take you to the Coronavirus FAQs page of the US Occupational Safety and Health Administration (OSHA). Scroll down the page to the heading “Vaccine Related”. The text of the answer is as described in the tweet.

Many libertarians argue that OSHA’s reporting requirements have long since ceased to be aimed at preserving public health. Most government bureaucracies become parasites eventually. Their purpose is to feed. But if it is justified to force businesses to report side effects of vaccinations in general, how can that justification suddenly stop applying now of all times? The pandemic is the very time when it is most important that all relevant information reaches the community of scientists.

I have been vaccinated against Covid-19 (both jabs AstraZeneca if you want to know). I believe that for most people the risk of side effects from being vaccinated against Covid-19 is much less than the risk of Covid itself. But my confidence that adverse effects from vaccines are rare is shaken by the thought that maybe not all of them are being reported. If that disturbs me, with my fairly high starting level of trust, you can be sure that it terrifies those who were vaccine-hesitant to start with.

Laws named after victims

If a proposed law is worth passing, pass it.

If a proposed law is not worth passing, don’t pass it. Most proposed laws are not worth passing.

When they have to name a proposed law after a murdered person or other tragic victim to make you feel that it would be disrespectful to reject it, that is a sign the proposed law cannot stand on its own merits.

PM urged to enact ‘David’s law’ against social media abuse after Amess’s death.

Sunday afternoon funnies

The world is going to hell in a eco-friendly handbasket, but the sun just broke through the clouds where I am, so here are a couple of things I recently found in the intertubes that made me laugh.

Ayn Rand’s Harry Potter and The Sorcerer’s Stone

Hero: Someone had ‘Let’s Go Brandon’ paged at Chicago O’Hare International Airport (via Ed Driscoll at Instapundit)

The whole “Let’s go, Brandon” phenomenon is a hoot. It’s inspiring to witness these hip young rebels sticking it to The Man while avoiding profanity. Remember when it was left wingers who used their wit to sneak under the censors’ radar?

This is one of the classic signs of a cult

“Dismiss anything else. We will continue to be your single source of truth.

– Jacinda Ardern, Prime Minister of New Zealand

When I first clicked on the video of Jacinda Ardern saying those words that is embedded in this tweet from “Darren of Plymouth” via Not the Bee, I was willing to give her the benefit of the doubt. All of us sometimes say things that “come out wrong”. By “single source of truth” I thought she might have meant no more than “convenient one-stop place you can go to get truthful information”. Apparently there is a concept in information systems design that goes by the name “Single Source of Truth (SSoT)”; perhaps she had picked up this piece of jargon somewhere.

However I only had to wait until 1:02 in the video to see Ms Ardern demonstrate that she meant it exactly the way it sounded:

“When you see those messages, remember that unless you hear it from us, it is not the truth.

Edit: I assume the “Not the Bee” link got Darren’s tweet enough engagement to alert Twitter’s censorship team. When I first made this post two and a half hours ago the link to the tweet worked, but commenter ‘Dyspeptic Curmudgeon’ has pointed out that it has now disappeared. Here is a YouTube clip of the same speech filmed from a different angle and here is another YouTube clip that seems to be the same one I saw.

A couple of points to note:

– The speech is older than I thought, from May 2020.

– The silence of the press. This all takes place at a press conference. The room is full of cameras and microphones wielded by journalists, news providers. Yet not one of them protests when the prime minister of their country says that they should not be trusted as a source of news. Have they no pride in their profession?

The Welsh Senedd just voted for Covid passports because of a Zoom glitch

“Covid pass plans agreed in knife-edge Senedd vote”, the BBC reports:

Mandatory Covid passes in nightclubs and large events will be introduced in Wales as planned on 11 October after Welsh ministers won a knife-edge Senedd vote.

The measures were agreed with 28 politicians voting for and 27 voting against.

It came despite politicians in the opposition uniting against the plans.

The public will be expected to show evidence of being fully vaccinated or having a recent negative Covid test.

Conservative Vale of Clwyd Member of the Senedd (MS) Gareth Davies did not take part in the vote, with the Tories citing “technical difficulties” for what happened.

[…]

Ahead of the vote, Conservative MS Darren Millar could be heard telling Presiding Officer Elin Jones: “I’m sorry we still have a member who is desperately trying to get into Zoom.”

Ms Jones replied that she would still hold the vote: “We have made every opportunity possible for that named member to get in, including sharing my personal phone.”

I was not without sympathy for Elin Jones, the presiding officer. It has happened many times in many assemblies that a vote passed or failed because a member could not physically reach the chamber in time. One cannot spin things out forever. There has to be a cut-off point.

I can also see the reasoning behind the Labour-controlled Senedd’s refusal to re-run the vote.

Asked about holding a re-run of the vote, Eluned Morgan [Baroness Morgan of Ely, Minister for Health and Social Services in the Welsh Government] told BBC Radio Wales Breakfast with Claire Summers that that is “not how democratic processes work”.

“You don’t keep on having a vote until you get the answer that you want,” she said.

I do see her point, though I also note that both Elin Jones and Eluned Morgan were entirely in favour of re-running a vote until they got the answer they wanted when it came to the popular vote to leave the European Union.

I digress. Though this vote imposing Covid passports on Wales will stand, a bad smell hangs over the manner of its passing. Enough people have shared the experience of struggling to log into Zoom meetings since this pandemic began to ensure that sympathy with Gareth Davies will be widespread. Another thing… I tried to think of a way of saying “some people will think this looks suspicious” without sounding like a conspiracist myself but there isn’t one. All I can do is state for the record that I think this incident was a cock-up, not a conspiracy. But the trouble with every combination of voting and technology is that the process is opaque. If Gareth Davies had failed to reach the chamber in time because his car had got stuck in traffic, he and we could all be reasonably sure that was all that had happened. There is no such instinctive assurance that no one’s thumb was on the scale with Zoom. The Senedd should dump this “hybrid model” or whatever they call it where some members meet in person and others clock in, or fail to clock in, via Zoom. Stop mucking around, earn your pay, go back to meeting in person.

Astonishingly, Broness Morgan actually boasted of Welsh Labour’s mandate to pass this law:

“What we know is that the people of Wales want to be protected.”

“We had a huge mandate as a result of the election because of our cautious approach.”

Baroness, your mandate for this is about one electron thick.

—————————

Ian Birrell in the Mail on Sunday asks,

What are they hiding? At the start of Covid many scientists believed it likely leaked from Wuhan lab – until a conference call with Patrick Vallance changed their minds. We asked for his emails about the call. This is what we got . . .

Redacted letters

There was a time when Scottish universities were havens of free thought

Then:

After the Uniformity Act 1662, for about two centuries, it was difficult for any but practising members of the Church of England to gain degrees from the old English universities, at Cambridge and Oxford. The University of Oxford, in particular, required – until the Oxford University Act 1854 – a religious test on admission that was comparable to that for joining the Church. The situation at the University of Cambridge was that a statutory test was required to take a bachelor’s degree.

English Dissenters in this context were Nonconformist Protestants who could not in good conscience subscribe (i.e. conform) to the beliefs of the Church of England. As they were debarred from taking degrees in the only two English universities, many of them attended the dissenting academies. If they could afford it, they completed their education at the universities of Leyden, Utrecht, Glasgow or Edinburgh, the last, particularly, those who were studying medicine or law.

Now:

After making their grades and unpacking their bags, new students may be forgiven for thinking they are ready to launch themselves into university life.

But at one of Britain’s leading institutions, they must now clear one more hurdle before beginning their studies: they must accept “personal guilt”.

St Andrews has introduced compulsory modules on sustainability, diversity, consent and good academic practice and will not allow students to matriculate if they do not “pass” by agreeing with certain statements. The university is one of a growing number insisting that students undertake training on subjects including anti-bullying and climate change.

[…]

At St Andrews, the induction asks students to agree with statements including: “Acknowledging your personal guilt is a useful start point in overcoming unconscious bias.” Those who tick “disagree” are marked incorrect and too many wrong answers mean they have failed the module and must retake it.

Another question from the course asks: “Does equality mean treating everyone the same?” Those who respond yes are told: “That’s not right, in fact equality may mean treating people differently and in a way that is appropriate to their needs so that they have fair outcomes and equal opportunity.”

Students are also asked to agree with the statement: “It is important to think about and understand our own prejudices and stereotypes so we don’t treat someone else unfairly or inappropriately.”