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.
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“Writing in Scottish Legal News today, Quis? – a group of senior retired lawyers who have held high office in Scotland – express concerns over the Crown Office’s behaviour during the Salmond inquiry and call for reform to prevent prosecutors from overstepping their role.”
I would imagine Scottish Legal News is usually rather a staid journal, of interest only to legal professionals and legal journalists. Give ’em the clicks, this is important.
For instance, this is a sinister development:
Contempt of court orders protecting the identity of witnesses and victims of crime were once a relatively unusual feature of our legal landscape. No more. At last count there were more than 400 such orders currently in force in Scotland alone.
and so is this:
When did Crown Office, our state prosecutors, become our state censors?
When did Crown Office get the power to tell anybody to keep their correspondence secret?
Some might reasonably ask if what has been going on has remarkable similarities to English ‘super injunctions’, where you can’t even publicise the fact that the injunction exists, and some might also reasonably ask if this is quite simply ‘bullying’ tactics in order to achieve the Crown Office objective of removal of material which Crown Office asserts is necessary for protecting identities.
That would be a perfectly legitimate objective – if it was right. It will be borne in mind, however, that in a recent high-profile prosecution for such a breach, 50 per cent of the material alleged by the Crown to amount to contempt was found by the court not to be a breach of the court order.
The authorities police their lockdown laws as if the virus was reliably woke and as reliably anti-Christian – as if PC protests had a mysterious immunity but a church service was sure to be a superspreader event.
In Canada, a Polish priest showed how to say ‘no’ to PC Karen and her colleagues (video) when they tried to halt an Easter service. When a London PC Karen did the same, the response was less forthright, but maybe the London Polish Christians will learn from their Canadian cousins’ example. Meanwhile, sympathisers advised the Londoners to celebrate Easter outside Batley Grammar School, since the police are loathe to obstruct religious gatherings there.
Interrupting a Polish church’s Easter Friday and Easter Sunday services in London (that appear to have been legitimate under current lockdown rules) while overlooking a “killthebill” protest in Bristol (that appears to have been as clearly in violation of them) allows an unfortunate interpretation: that PC Karens will bite the hand that feeds them and kiss the foot that kicks them; will bully those who defer to them and defer to those who bully them.
(For the benefit of non-UK readers, ‘the bill’ refers to a policing act before parliament. ‘The Bill’ – a.k.a ‘The Old Bill’ – is also a UK idiom for ‘the police’. The chosen hashtag of these protests could thus be seen as regrettable, as regards some of those involved, and unpleasantly appropriate as regards others.)
I think there are those in the police who do not like this message – but someone in authority in London thought it a great idea to invade an Easter service on the same weekend as the latest Bristol protest was being ‘light-touch’ policed.
If I’ve learnt one thing from my years of programming, it is that the computer does what you actually told it to do, not what you thought you were telling it to do. Humans are not computers – we often begin by hearing the propaganda, decoding the intent and doing that instead – but when the actual message is this obvious, it can cut through. If it cuts through to the extent of inspiring more churches to follow the example of the Canadian Polish priest, I’ll be a happy man. It could go beyond that.
Yet there has never been a more pressing time to engage with these issues in the classroom. If I were a teacher of Religious Studies, I would find it difficult to justify ignoring the question of the perceived conflict between religious faith and free speech, or not to discuss the murders of Samuel Paty and the satirists of Charlie Hebdo. While there is nothing wrong with acknowledging the potential offence that depictions of the Prophet Mohammed might cause, it is not a sufficient reason to avoid the topic altogether. I am sure that many pupils are disturbed by the anti-Semitic Nazi propaganda cartoons that are routinely included in history textbooks, but they serve an important function in the learning process. We know very little about the context in which the images of Mohammed were shown at Batley Grammar, but it is implausible that the teacher’s motives were anything other than educational.
– Andrew Doyle
“Over-70s facing driving curfew in licence shake-up”, reports the Times.
Before you pile in, the headline is misleading. What is being proposed is actually a relaxation of existing regulations:
Over-70s in poor health may be allowed to continue driving if they agree to fit a tracking device restricting them to daylight hours near their home.
That could be liberating. Or it could be a Trojan horse. First elderly people with health problems, then elderly people in general and sick people in general… what other groups might the government decide need to be tracked?
Licences expire when drivers turn 70, and those wanting to keep driving must inform the Driver and Vehicle Licensing Agency (DVLA) of medical conditions such as dementia, Parkinson’s, epilepsy, diabetes — if it is treated with insulin — and any condition that affects both eyes or the total loss of sight in one eye. Reviews follow every three years.
Under the proposals discussed at a meeting this month between the DVLA and Driving Mobility, the official network of driving assessment centres, the over-70s could be eligible for “graduated driving licences”. These would potentially restrict them to a radius of 20 or 30 miles from home and bar them from night driving. They would apply only to those who would otherwise face losing their licence because of ill health.
Edward Trewhella, chief executive of Driving Mobility, said: “A lot of older drivers stick within their own locality — they go to the shop, the doctor’s surgery, go and see a granddaughter down the road, probably on minor roads with which they are familiar. This process would regularise that, and make it legal for them to do so as long as they didn’t take a trip outside of an area or outside of a time restriction. That would mean that they were driving safely within their familiar environment.”
For many elderly people, especially those who live where public transport is poor, the ability to drive is the difference between an active, sociable, productive life and imprisonment until death.
And yet –
Patricia Colquhoun, 69, lost her son, Neil, 28, when Turner Waddell, 90, a one-eyed retired GP with dementia, drove a mile the wrong way down a dual carriageway. Colquhoun, who lives in Hampshire, said the current system, which relies on self-referral, is flawed. “Nobody likes to say they’re old. They all say, ‘There’s nothing wrong with me.’
On the evening of the 22nd March, visitors to the main UK politics subreddit, /r/ukpolitics found a mysterious message saying that the subreddit, which has nearly 400,000 members, had been set to “private” by its own volunteer moderators.
It was the beginning of a cascade. The lights are going off all over Reddit! Subreddit after subreddit was set to private in sympathy with /r/ukpolitics. Most of them dealt with topics unrelated to politics. At its peak the wave of protest closures affected subreddits collectively having tens of millions of members all over the world.
To understand why this protest against Reddit by its own users gained such traction, we need to go back to the 8th of March when the Spectator published an article by its unlikeliest new writer, the radical left wing “gender critical” feminist Julie Bindel, called “The Green party’s woman problem”. It contained the lines,
The formidable feminist author and journalist Bea Campbell, a former Green party candidate, resigned from the party last year after being disciplined, in part for refusing to keep quiet about the shocking and disturbing Aimee Challenor case.
That brief reference to “the Aimee Challenor case” was to have dramatic consequences. A hyperlink on the word “case” linked in turn to this Independent article dated 13 January 2019:
Aimee Challenor: Green star failed to properly alert party of father’s child rape charges Independent investigation found transgender activist only alerted two colleagues in ‘informal’ Facebook message
Having parted ways with the Greens, Aimee Challenor joined the Liberal Democrats. Once again her association with the party ended as a result of child safeguarding issues related to someone with whom she lived. This time it was her fiancé Nathaniel Knight. He claims his twitter account was hacked.
A point to note: these events were widely reported. Given a prompt about a person who had left both the Greens and the Lib Dems under a cloud, anyone who follows UK political news would probably be able to dig up her name in half a dozen keystrokes.
Getting back to the main story, at about quarter to eleven on the morning of the 23rd, the ukpolitics subreddit reappeared. It now carried the following announcement:
→ Continue reading: The Streisand-Challenor effect
I want to ‘build back better’. I don’t know what the world leaders and international organisations are calling for when they parrot this phrase. But after the pandemic, we need far more critical thinking, rationality and constitutional protections. As soon as our liberties are restored, we must make sure they can never be taken away again. That is the cause to rally around now.
– Laura Dodsworth
Monbiot sounds like a cross between Chairman Mao and a 17th century Puritan, banning anything that doesn’t fit his world view. The really weird thing is that the authoritarian Left are making alliances with authoritarian Right. The above-mentioned covidfaq website is run by Sam Bowman who used to take his shilling from the right-leaning Adam Smith Institute, one of the many so-called “think tanks” out there. At this point it’s worth mentioning – in line with documentary maker Adam Curtis – that think tanks don’t actually do any thinking. They are in effect PR operations for ideologies. And were previously sworn enemies of the Masons and Monbiots of this world.
In a similar vein, Mason has called for Boris Johnson to silence (or at least mock) the dissidents. He tweeted: “I don’t just want Johnson to say “Stay home, save lives” etc. I want him to call out and ridicule the bull**** anti-maskers, lockdown skeptics and denialists in his own party – and order social media platforms to suppress/label Covid disinformation. That’s leadership.”
No Paul, that’s tyranny. As I said, it’s sad to see a formerly radical thinker abjectly submitting to authority in this way. And we’re perhaps lucky that, for all his faults, Boris is not actually a tyrant; at least, not yet. The problem for the Left is that it’s been the contrarian Tories like Toby Young and James Delingpole who have led the questioning of government policy on lockdowns. So, almost instinctively, people like Mason recoil against lockdown scepticism simply because Young, Delingpole and their shock-jock ilk are lockdown sceptics.
– Tom Hodgkinson
Hodgkinson is a left-statist with a tenuous grip on economic reality and an equally poor grasp of the inevitable civil liberties implications of his world view. Nevertheless, as many on my side of the fence have long known, one should never just read people you always agree with. We are far more likely to have read Communist Manifesto, Capital, Mao’s Little Red Book, Revolt against the Modern World etc. than the other side is to have read Fatal Conceit, Human Action or Wealth of Nations.
The linked article makes many good points, and he is certainly on-the-money about Sam Bowman, who was always an authoritarian; I think the ASI is well shot of him. In a similar vein, I need to also write an article about the not unrelated reason I also stopped giving a token monthly pittance to the Institute of Economic Affairs. These days I give substantially more to Lockdown Sceptics than I ever did to the IEA.
But I think the “touchingly naïve disappointment” also applies to Hodgkinson, who failed to see long ago that George Monbiot and Paul Mason were always up the Orwellian INGSOC end of the political spectrum. In many ways Monbiot and Mason are just more consistently applying the ideology they share with Hodgkinson.
But hey, if Hodgkinson and his ilk are starting to see the light, the war we are well and truly in today is such I for one care little who is in the trench next to me, just so long as they are pointing their weapon of choice at the enemies we share. A great many things are realigning on oh so many levels.
The Scottish Crown Office subsequently wrote to us on March 5th demanding we remove the article. Guido decided to ignore it as it seemed unlikely to prejudice matters or reveal witnesses. The Spectator has taken the same approach to the same letter.
– Guido Fawkes
I’m sorry, but if you didn’t object to the Metropolitan Police’s brutal tactics in dispersing anti-lockdown protestors in Trafalgar Square last September, you cannot condemn their employment of identical tactics last night. Either you defend the right to protest for everyone, or you defend it for no one. You cannot just get worked up about it when it affects those whose cause you approve of.
– Toby Young
In the (Glasgow) Herald, Scottish Justice Secretary Humza Yousaf writes,
New Hate Crime Bill extends protection of people
Odd headline. Make that some people.
This week Parliament will consider further amendments to the Hate Crime Bill before a final vote on our proposed reforms
By “Parliament” Mr Yousaf means the one with him in it, i.e. the Scottish Parliament. The SNP love this rhetorical trick of pretending the Scottish Parliament is the only one of any relevance to Scotland. Wishing this to be so is a perfectly legitimate goal, but pretending it is already so is premature. Of course all the Scottish people have to do to ensure that the Parliament with Mr Yousaf in it becomes the sole decider of what laws they live under is carry on voting for Mr Yousaf’s party in the numbers they now do.
The new Bill will modernise and consolidate hate crime law and provide clarity. It brings together various piecemeal additions and changes to the law made over time, while also recognising the need to clamp down further on this all too pervasive, damaging behaviour.
As a person of colour the law has protected me, for the last 35 years, from anyone stirring up hatred against me due to my race.
The law cannot have done a very good job of protection, given that he said in the previous paragraph that hate crime was “pervasive”, and that he complains a few paras down about all the hate he receives.
This Bill now extends that protection to people in relation to their age, disability, religion, sexual orientation, transgender identity or variation of sex characteristics (previously known as intersex).
The legislation has come a long way. As Parliament has been considering the detail of the Bill the Government has listened – making changes and reflecting on concerns to improve a piece of powerful legislation that I believe is fitting of the Scotland we live in.
That being the Scotland where race hate crime is pervasive.
Robust Parliamentary scrutiny has been essential to the process.
Concerns over the impact that stirring up hatred offences could have on freedom of expression were raised. And these have been listened to and are being acting upon. We have made a number of significant changes already, including ensuring that any successful prosecution for the new offences must prove that the person intended to stir up hatred. We have also inserted a “reasonable person test” to clarify that when determining if behaviour is “threatening or abusive” an objective test is applied.
By “we” Mr Yousaf means that the SNP reluctantly accepted one amendment from the Scottish Conservative MSP Adam Tomkins. That link takes you to a Guardian article that also notes that “Tomkins and fellow Conservative Liam Kerr failed to secure an amendment that they argued would protect disagreements, for example, at the family dinner table.”
Mr Yousaf continues,
The Justice Committee has offered critical scrutiny and recently held constructive discussions on a freedom of expression clause that would further protect everyone’s right to freedom of speech.
You don’t say whether these discussions led to any action, Mr Yousaf. Hint: they didn’t. His only reason for cooing about how constructive the discussions were is to conceal the fact that the this clause that would theoretically further protect everyone’s right to freedom of speech was not actually constructed, just talked about.
I am confident that our proposed amendment on this now strikes the right balance between protecting groups targeted by hate crime and respecting people’s rights to free speech.
A number of national Women’s Organisations, such as Scottish Women’s Aid, Engender and Rape Crisis Scotland have raised concerns over the inclusion of a Sex Aggravator.
I’m not surprised. They should never have let a Sex Aggravator sit on a parliamentary committee. → Continue reading: The Hate Crime (Scotland) Bill is due to pass tonight
Lord Sumption: Our status as a free society doesn’t actually depend on our laws or our constitution, it depends on convention. It depends on a collective instinct as to the right way to behave. There are many things governments can do which it is generally accepted they should not do. And one of them, until last March, was to lock up healthy people in their homes.
Interviewer: So, do you think we have taken an irreversible step towards being more Chinese, more dirigiste?
Lord Sumption: I very much fear that we have
– From an Unherd interview titled: Lord Sumption: mass civil disobedience has begun
I do not agree with Sumption on every point by any means but this interview is well worth your time.
It was also Blair’s government that criminalised the right to silence at British ports. Thanks to Schedule 7 of the Terrorism Act 2000, to this day any person may be detained and questioned, with no need for reasonable grounds. It remains a criminal offence not to answer questions during such an interrogation. These laws were originally intended for Irish Republicans, and came to be used largely for jihadist terrorism — but typical of government mission creep, they were eventually applied to obstruct controversial journalism. The most publicised example of this occurred in 2013, when Glen Greenwald’s partner David Miranda was detained under these powers at Heathrow airport for nine hours.
– Maajid Nawaz discussing Blair’s constant war on freedom
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