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]

Justin Trudeau’s finest hour

It wouldn’t kill us to give credit where credit’s due:

Canada becomes second country to legalise recreational cannabis, reports the BBC.

I expect crime to fall – and the sky not to.

I also expect that some Canadians have already got over-excited and done some stupid things over the last couple of days, and more will follow.

One of the many bad effects of prohibition of cannabis and related drugs was that it led users to wrongly deduce that because these substances are not nearly as harmful as was claimed in order to justify the ban on them, then they must not be harmful at all. One of the saddest experiences of my stint as a teacher was to watch a colleague use soft drugs to slowly paddle himself towards dementia in his mid-thirties.

Prohibition of drugs did not stop him getting them, did it? When something does not work it is good to stop doing it as America did in 1933 and Canada has now. Let us rejoice at an outburst of sanity.

To knock on the door is better than booting it in

Debbie Hayton has written an article in the Spectator in which she describes herself as a transsexual who has “undergone a meaningful gender transition supported by medical interventions.” In the article she argues against change to the Gender Recognition Act.

I do not wish to argue either for or against changing that Act. I said my piece on all that two days ago. However, I would like to highlight one particular point that Ms Hayton made:

There is danger, too, to transsexuals – albeit one which is less obvious. As a transsexual woman, I have lived alongside women for many years. My acceptance has been based not on legal mechanisms, but on trust and confidence. When transsexuals like me transition gender, most women assume we have done so to preserve our mental health and usually respond with acceptance and kindness. We have been helped by excellent role models – like Jan Morris and April Ashley – who have engendered a sense of decency and decorum.

Sadly, some campaigners in the current climate have projected a sense of entitlement and recent events – whether it be a convicted rapist sexually assaulting female prisoners or transgender athletes sweeping aside female competition in women’s sports – have inflamed the debate. If this carries on, trust and confidence will lie in tatters. Even if the government does introduce self-declaration it will be worthless if our acceptance is the collateral damage.

I have no doubt that Ms Hayton will be roundly abused by more militant transgender activists for having sought the acceptance and friendship of cisgender women. Why, it’s almost like she thinks they have the right to refuse! Like some warrior cultures of old, the grievance culture holds getting what you want by asking or peaceably trading to be fit only for slaves. The superior person does not ask for what they want; they demand it.

Added later: “Demand” is putting it mildly for some transgender activists. By following a chain of links I have come across a website called “TERF is a slur”. Its strapline is “Documenting the abuse, harassment and misogyny of transgender identity politics.” The website consists simply of screenshots of social media posts by transgender people expressing their hostility to “TERFS”, i.e. Trans-Exclusionary Radical Feminists. The tweets are astonishingly violent. I don’t for a moment think that this behaviour is typical of transgender people, but nor do I see this stream of threats of death and rape coming from the other side.

When the pot is boiling over, try turning down the heat

I am told that one of the ways Libertarians irritate normal people is by their attitude that there is a simple answer for so many of the political dilemmas that vex society.

Suck it up, normies, there is. There is certainly a simple answer for the political dilemma about which the Times is asking in this Readers’ poll: “Should everyone who identifies as female have access to women-only spaces?” The rubric says,

The government is consulting on a reform of the Gender Recognition Act. Currently the law allows people to gain legal recognition for a change of gender, but some transgender groups say the process is bureaucratic and intrusive and are pushing for a change that will allow anyone to freely choose their gender.

This is opposed by a number of women’s rights groups, which say the change would give men access to female-only spaces such as lavatories and changing rooms, putting women in danger.

The equalities minister, Penny Mordaunt, will consider whether to reform the law after the consultation ends on October 19 — but as The Sunday Times reports, many Conservative MPs are opposed to any change.

What’s your view?

You doubtless want to hear the result of the poll. I will tell you by and by, but for now I will exercise my freedom to irritate, and reiterate that the simple answer to the political dilemma is to take politics, in the sense of laws voted into existence by MPs like Penny Mordaunt and then enforced by the police and the Equalities Commission and suchlike, entirely out of the equation. Freedom of association for all! But what about bad people? What about Nazis? Yes, them too. If Nazis own or legitimately hire a space to do their Nazi stuff in, leave them to it. Don’t want to hire your hall to Nazis? Then don’t. Want to boycott any premises that lets Nazis in – or any that keeps Nazis out? Then do so.

Between groups of people who are not bad but among whom there are differences of opinion, try negotiation. It doesn’t have to be a million separate negotiations for every individual village hall or public lavatory, or for every women’s sporting competition or Brownie pack; there are such things as organisations and organisational policies. Not that there is anything wrong with having a great many separate local deals. This is called “subsidarity”.

Many fear that this radical strategy would give free rein to the worst instincts of the people. I don’t get it. To get into the habit of settling disputes by meeting the other party and peacefully trying to reach a compromise sounds a great deal more likely to give free rein to the best instincts of the people. Humans are nicer when not being threatened. Conversely when they suspect that in their relations with another group that, as the saying goes, “if you give them an inch they’ll take a mile” – then they won’t give an inch.

The other day I read this post from Econlog entitled “Tradeoffs Between Immigration and Reduced Freedom of Association”. Key quote:

The more that people’s freedom not to associate with others is reined in, especially when those others are people of different races, the less likely they are to favor immigration and, even if they never favored immigration, the more likely they are to be outspoken opponents of immigration.

Race is not the only category this applies to. Have you noticed how people who five years ago would have thought a transwoman was a lady from Transylvania now see transsexuals and/or transgender people as a threat? Have you also noticed how discussion of this issue is another pot beginning to boil over to use the metaphor of my earlier post. So far the lid is being held down. One word out of place on this topic can get you into trouble. But the pressure keeps rattling the pot, with jets of steam coming from such unlikely members of the Vast Right Wing Conspiracy as users of Mumsnet, members of the Labour party and Lesbians at a Pride march.

I voted “No” in that Times poll. As so often with me and polls I did not agree with the premises of the question. Other people freely choosing the gender is none of my business. I do not support or oppose a change in the criteria for legal recognition for a change of gender; I support tearing up all the laws on this subject and setting them on fire. Still my answer to the question “Should everyone who identifies as female have access to women-only spaces?” was closer to “No” than “Yes”.

5,068 votes have been cast so far in the poll. 97% of them were “No”. Of course it is a self-selecting sample from readers of one newspaper. Do not read too much into it. But you probably should read something into it. That is a strikingly high level of disapproval of a Conservative government’s proposed policy from the readers of a Conservative-leaning newspaper.

The UK imitates Red China’s ‘Social Credit’ with the ‘Honours’ system

Red China has, like the mature totalitarian society that it is, a system of ‘Social Credit‘, as Wikipedia puts it neatly:

The system is a form of mass surveillance which uses big data analysis technology.

The excellent YT channel, China Uncensored, has a video on this system.

Of course, the UK has nothing like this yet, everything with the State is a little bit feeble and almost useless, for now. But a little chink in the armour of our free society has appeared. The UK ‘Honours System’, we now know, depends on you not being in the ‘bad books’ of Her Majesty’s Revenue and Customs (which combines the Inland Revenue – personal and corporate taxation, with Customs and Excise). Note that it is not that you have to commit a criminal offence or even a civil transgression with your taxes, it is enough that you be under suspicion of avoiding paying tax lawfully.

HM Revenue and Customs’ reported policy of advising against giving honours to tax-avoiding celebrities has been backed by Sir Vince Cable.
Celebrities who use lawful but controversial schemes are being “blacklisted” to protect the reputation of the honours list, says the Times.
A Freedom of Information request showed a traffic light system was used to identify an individual’s suitability.
The Liberal Democrat leader said HMRC’s tough stance was perfectly reasonable.
“The principle is right, I think the public is fed up with abusive tax avoidance by individuals and companies,” Sir Vince told the BBC.
He said: “It seems perfectly reasonable to me that the Inland Revenue should be taking a tough line on tax avoidance.”
Sir Vince, a former business secretary, added that some celebrities may “wonder why they’ve been caught up in it” as they may be unaware they have been involved in “aggressive tax avoidance” because accountants handle their affairs.

And how does this work?

HMRC analyses nominees for honours to check the risk of them being exposed over their tax affairs.
The FOI response revealed that people are categorised as green if they are low risk, amber for medium risk and red for high risk.

My first objection to this is that ‘Honours’ don’t exist, except as bits of ribbon, metal and enamel etc. There is the ludicrous fantasy that the Sovereign can spot ‘worthy’ individuals and somehow bestow ‘honours’ on them. What happens is, of course, that some people write someone’s name on a list, hand over a bit of painted metal and a ribbon and that person becomes honoured. If there is a scientific test that can tell me how someone changes when they receive an ‘honour’, and that this is not a voluntaristic fantasy, I’d be happy to hear about it.

My second objection to this is that is the law of England (and indeed the UK) that no one is obliged to pay more tax than that properly due. Unless I am very much mistaken, this is the law of the land still (edit See Mary C’s helpful comment); the case of The Commissioners of Inland Revenue v The Duke of Westminster established, in 1935, under George V, the following from Lord Tomlin’s speech in the majority:

Apart, however, from the question of contract with which I have dealt, it is said that in revenue cases there is a doctrine that the Court may ignore the legal position and regard what is called “the substance of the matter,” and that here the substance of the matter is that the annuitant was serving the Duke for something equal to his former salary or wages, and that therefore, while he is so serving, the annuity must be treated as salary or wages. This supposed doctrine (upon which the Commissioners apparently acted) seems to rest for its support upon a misunderstanding of language used in some earlier cases. The sooner this misunderstanding is dispelled, and the supposed doctrine given its quietus, the better it will be for all concerned, for the doctrine seems to involve substituting “the incertain and crooked cord of discretion” for “the golden and streight metwand of the law.” 4 Inst 41 Every man is entitled if he can to order his affairs so as that the tax attaching under the appropriate Acts is less than it otherwise would be. If he succeeds in ordering them so as to secure this result, then, however unappreciative the Commissioners of Inland Revenue or his fellow taxpayers may be of his ingenuity, he cannot be compelled to pay an increased tax. This so-called doctrine of “the substance” seems to me to be nothing more than an attempt to make a man pay notwithstanding that he has so ordered his affairs that the amount of tax sought from him is not legally claimable.

So even if you pay all taxes properly due under the law, you (or your accountant) might have been too clever by half, and you might have kept some of your own money, how is that wrong? I’m sorry, but I thought that King John no longer reigned. After all, if people pay more tax than they are due as a condition of getting an honour, isn’t that paying for them? Wasn’t Maundy Gregory put in jail for that?

My third objection to this is that an individual’s tax affairs are private, here is the declaration that Revenue Officers and Inspectors are required to make on taking up their positions:

Part III
Inspectors, Collectors and other Officers

” I, A.B., do solemnly declare that I will not disclose any information received by me in the execution of the duties which may from time to time be assigned to me by the Board of Inland Revenue except for the purposes of my duties, or to the Board of Inland Revenue or in accordance with their instructions, or for the purposes of any prosecution for an offence relating to inland revenue, or in such other cases as may be required by law.”

I fail to see how giving a nudge or a wink about someone’s affairs can be reconciled with this requirement, especially when it’s about them having followed the law all and having been smarter than the politicians and tax bureaucrats.

It has long been the case that the rule of law has died in this country, and some of our politicians have even boasted about it.

Isn’t it time to stick a fork in the ludicrous Honours system, and stop pretending? Most are not even decided on by the Queen, but by bureaucrats, at your expense. Even better, stick a fork in our tax system and acknowledge that paying as little tax as possible the honourable thing to do.

It was a date to remember… and an astonishing feat of politics, given the cost

In the Slavery Abolition Act of 1833, Parliament committed the huge sum of 20 million pounds sterling to compensate slave owners for the loss of their “assets”. That was equivalent to 40 percent of the entire national budget (and five percent of Britain’s GDP at the time), requiring the government to borrow most of the 20 million from private sources.

Lawrence Reed. These numbers really put the political feat of achieving this in perspective.

Conservation of prohibitionism

July 1st 2018:

Jeremy Corbyn backs calls to decriminalise possession of cannabis

Jeremy Corbyn said he would like to see the possession of cannabis to be decriminalised as he backed calls for the drug to be used for medicinal purposes.

July 10th 2018:

Corbyn backs Nordic Model to tackle sexual exploitation

Labour Leader Jeremy Corbyn declared his full support for Britain to look at changing our prostitution laws by criminalising the purchase of sex, also referred to as the ‘Nordic model’.

Samizdata quote of the day

I am a radical on Town & Country planning as on other economic issues. I would abolish it. To me it is offensive that the value of a man’s land is stripped from him by laws that deny him the right to put it to its highest and best use without grovelling to local politicians in thrall to his envious neighbours.

‘Tom Paine’

A ‘Fourth Amendment’ is badly needed, back in the Old Country

King George III’s troops and excise men outraged many of the colonialists (AIUI) with their searches and seizures, leading to the Fourth Amendment to the US Constitution.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Back in old England, no such definitive right exists, so the Queen’s men may find you not so secure in your person, and may make ‘unreasonable searches and seizures’, you might conclude.

I call my first ‘witness’:

A prisoner suspected of hiding drugs by swallowing them has been sent to hospital after managing not to defecate for nearly seven weeks.

#Poowatch ends in VICTORY for suspected drug dealer as he’s released on bail after 45 DAYS without going to the toilet

Yes, the unfortunate Mr Lamarr Chambers was held as a prisoner for 45 days by Essex Police, hoping that he will drop himself in it, as it were, as he was suspected of having swallowed an item which would eventually emerge, and which might incriminate him on drugs charges (and I note, we don’t have a Fifth Amendment here either, but we do have some rules of evidence against self-incrimination).

The story so far:

The 24-year-old from Brixton, South London, was held on January 17 and appeared in court the next day.

At that hearing, and in seven subsequent hearings, the court authorised the further detention of Mr Chambers under section 152 of the Criminal Justice Act 1988 to enable him to pass drugs he was suspected to have inside him.

So a Court has authorised this epic buttock-clenching saga, under legislation dating from Mrs Thatcher’s period in office.

However, the police, presumably feeling themselves up against a brick wall, relented.

On Monday the decision was taken by Deputy Chief Constable BJ Harrington, following medical and legal advice, to release Mr Chambers from custody.
The Crown Prosecution Service discontinued the charges against Mr Chambers in relation to possession with intent to supply a Class A drug and driving matters.
He was immediately rearrested on suspicion of being concerned in the supply of a Class A drug and released on bail and then taken by police car, in company with a medical professional, to hospital for treatment.

I can’t help but be disgusted by a country in which a police force can comment on Twitter about a prisoner’s bowel movements, or lack thereof.

Perhaps we need a change in the law? No holding people until evidence emerges, but charge on the evidence lawfully and properly gathered.

Or perhaps Mrs May might suggest that the Crown will be able to seek a writ of habeus caco, ordering a prisoner to defecate?

I suspect that there’s only one thing Mr Chambers needs now more badly than the Fourth Amendment.

And what do the police say?

‘We will also not shy away from talking about the unpleasant truths that go hand in hand with the drug dealing lifestyle, from the violence often perpetrated by those involved to the expectation on dealers to “plug” drugs to avoid capture.’

I find a police force watching a man 24-hours a day for 45 days to see him defecate (on these allegations) far more unpleasant a truth, a truth about the state of freedom in Britain today.

Child stealing, then and now?

A senior English police officer has called for children of extremists to be taken away from them.

Terrorists should have their children taken off them in the same way that paedophiles do, Britain’s outgoing top anti-terror policeman has said.

Assistant commissioner at the Metropolitan police, Mark Rawley, said that children of terrorists were exposed to environments equally as “wicked” as victims of paedophiles were and so should be afforded the same protection.

In his valedictory speech, he told the Policy Exchange: “If you know parents are interested in sex with children, or if you know parents believe that people of their faith or their belief, should hate everybody else and grow up to kill people, for me those things are equally wicked environments to expose children to.”

Meanwhile, far away in Argentina, the Grim Reaper has finally called for one of the old ‘Dirty War’ Generals, Luciano Benjamín Menéndez (cousin of the clown who was ‘Gauleiter’ of the Falklands in 1982 until some Paras, Guards, Marines and Gurkhas et. al. turned up).

Menéndez, also known as “The Hyena,” was the military commander of ten Argentine provinces from 1975 to 1979.
Some 30,000 people are estimated to have been killed by the military in its infamous Dirty War against dissidents.
Menéndez was also convicted for abducting children from detained anti-government activists and giving them up for adoption.
The children were often adopted by families of military officials, who strived to give them a non-communist upbringing.

The Montoneros were a murderous bunch for sure. But why does a senior English police officer think it is appropriate to imitate a South American Junta?

By the authority vested, very scantily vested, in me…

The Gambling Commission has said that scantily dressed female croupiers are “unacceptable”.

Gambling Commission condemns outfits at trade show

Scantily clad women are “unacceptable” at a betting industry conference, Britain’s gambling regulator has said.

Sarah Harrison told the BBC that some women working at the ICE Totally Gaming event were wearing “little more than swimsuits”, while men wore smart suits.

The chief executive of the Gambling Commission said the body could boycott future ICE Total Gaming events.

But the event’s manager said the complaint was directed at a “very small” number of firms taking part.

Kate Chambers, managing director of ICE London, also said the show has been encouraging exhibitors to represent women more respectfully.

[…]

Earlier, Ms Harrison told BBC’s Radio 4’s Today programme of her dismay at seeing a gender disparity at the show, with some women on exhibition stalls doing promotional work in revealing clothing.

“The men were wearing smart suits and women were being asked to wear not much more than swimsuits. That’s totally unacceptable; it’s not reflective of the modern economy,” she said.

“This isn’t about political correctness. It’s about good regulation and good governance, because businesses that have a more diverse workforce are more likely to make better decisions. And that’s critical from a regulator’s point of view.”

“It’s about good regulation and good governance, because businesses that have a more diverse workforce are more likely to make better decisions” is one of the weirder non-sequiturs I have come across lately. It sounds like someone inputted a load of modern buzzwords into a 1980s Turing Test chatbot program. But that is a side issue.

What part of the legal remit of the Gambling Commission gives it authority to regulate the style of dress of people working in the gambling trade? It is meant to protect “vulnerable people”, that is, gambling addicts or people at risk of becoming gambling addicts. It also has a role in ensuring the law regarding gambling by minors is followed. Women employees who wear sexy dresses at a gambling trade show come into neither of these categories. How dare Sarah Harrison imply that they are either vulnerable or children. How dare she lay down the law on whether their dress is “acceptable” or “unacceptable” to her, when there is no law to lay down. She exceeds her authority.

Samizdata quote of the day

He doesn’t mean to be a monster and I don’t want to see him as one, but in his presence my blood ran cold. I was afraid of him. I was even more afraid of the way the earnest folk in the room laughed as he joked about the unintended consequences of various programmes to clean up the act of the idiotic, self-destructive great unwashed, I realised that I might be the only one there who included himself in the category of “the people” to be shaped as opposed to the smug elite doing the shaping.

No one seemed remotely concerned for the freedoms of those on the receiving end of Dr Chadwick’s mind bending, “nudging” and manipulation — the benighted mugs who ultimately pay to have such well-shod professionals sneer about them behind their backs.

– Tom Paine writing an article titled ‘An unexpected encounter with a monster

Oh boy, do I feel Tom’s Pain (sorry).

It reminds me of the following remarks I made when speaking to a rather earnest employee of Her Majesty’s government. It was at a PPE dinner at an Oxford college, filled to the rafters with pretty much the same people who filled the room where Tom Paine’s blood ran cold. As I was clearly very off-message, she had just told me that “You’re the sort of person we need to convince”:

“Don’t waste your time trying to convince me its all for my own good, because the objective isn’t my good, its making sure the people in this room have power. If you keep nudging people, and you just won’t stop, eventually they’ll punch you in the face. But we both know the reason that doesn’t happen to you is because Mao’s dictum is entirely correct. Your presumed right to do what you do to the hoi polloi is embedded at an axiomatic level, you don’t have any coherent moral argument to back it up, and why should you? The only reason you can do what you do is because you keep the police force funded, which is why you don’t need to convince me of anything.”

For some reason I don’t get taken to those kind of dinners any more 😆

Our god requires sacrifices

Tim Worstall says that Hayek’s much-derided argument that government health care would make us serfs of the state is supported by an astonishing piece by Nick Cohen which appears to argue that so it would, and so it must. Part of me hopes that Cohen, who has often been one of the more principled voices on the British Left, is writing tongue in cheek or trying to provoke a reaction. But the commenters nearly all seem to take it quite seriously and only berate him for not going far enough.

Here’s the piece from Cohen: “Saving the NHS means forcing us to change the way we lead our lives”.

If you imagine a healthy future for Britain, or any other country that has put the hunger of millennia behind it, you see a kind of dictatorship. Not a tyranny, but a society that ruthlessly restricts free choice. It is a future that views the mass of people as base creatures jerked around by desires they cannot control. Expert authority must engineer their lives from above for their own good and the common good.

Speaking as a base creature myself, I do not believe it would be a healthy future at all to be ruled by people with such contempt for me.

Here’s my partial sketch of how Britain would have to change to limit the costs to the NHS that stunted lives and avoidable pain will bring. Pedestrians and cyclists would have priority on the roads. If the roads are too narrow to take cars, cycle lanes and a pavement wide enough to allow pedestrians to walk or run in comfort, then cars will have to go. School runs will become history as heads refuse to admit any able-bodied child who arrives at school in a car.

It will not necessarily be illegal to drive in towns and cities, just pointless. Motorists would inch along because cycle and bus lanes would take up road space and pelican crossings would be reset so pedestrians never had to wait more than a minute to cross a road. Even when they reached their destinations, drivers would search forever for a space because car parks would have been demolished and replaced with public parks.

No fast-food outlet would be allowed within a one-mile radius of a school. Agricultural subsidies for fat and sugar would be abolished. Rapeseed oil and sugar beet cultivation would stop as new subsidies for public transport began. Meanwhile, the manufacturers of processed food high in sugar, salt and fat would face advertising bans and punitive taxes. (If food manufacturers want to dump prematurely sick patients on the NHS, we will say, they can damn well pay for the privilege.)

A commenter called “erikus” put their finger on what all this was reminding me of:

Stardate 21327.5. Captain Picard & the crew of the Enterprise arrive at a world where the local inhabitants are suffering the apocalyptic consequences that fell upon them after they tried to re-engineer themselves in order to meet the expectations they believe are placed upon them by the institutions that were created by their ancestors and which they’ve come to regard as sacred & inviolate.

Picard’s final speech: ‘They killed themselves for this. They died because they believed that they had to sacrifice themselves in order to preserve in perfect form the institutions left to them by their ancestors: Institutions that were themselves originally created with one simple purpose: To preserve their lives:

We must remember that the institutions that we create exist for our well-being & that once we begin to worship them & think their well-being transcends that of our own, they lose their reason for existence.’