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]

Libel is a game of two halves

I can now safely say that Mr Tommy Sheridan, once the lion of the Scottish Socialist party, displayed more than comradely affection while visiting a Manchester sex club called Cupids. In 2006 it was not safe for the News of the World to say this: Mr Sheridan successfully sued the paper for libel. If his life were a play this would be Act III when the hero seems all-conquering. Enter Iago:

The jury’s verdict implies that it also believed that it was Sheridan whose voice was heard on a secretly recorded video confessing that he made these admissions. The video, taped by his former friend George McNeilage and bought by the NoW for £200,000, became a central part of the perjury trial. Sheridan insisted it was a forgery.

Sheridan has been told to expect a prison sentence.

When he gets out he can have a chat with Jeffrey Archer. They will have plenty in common.

I find the sheer, vulgar symmetry of both of their stories fascinating. You could plot their fortunes as a sine curve. It’s like the plot of a Jeffrey Archer novel, only less subtle.

No-man’s land

Like many other people trying to plan arrangements over Christmas, I am keeping a close eye on the weather reports. I have the grim task of driving to East Anglia on Tuesday for a family funeral; on Thursday, I am due to be flying to southern Germany to stay with relations but have no idea whether that is likely to happen. But at least I am able to be in the comfort of my home. Thousands of people are not so lucky.

Watching the BBC’s rolling news channel today, I listened as a woman, who has been on board a BA flight to Pakistan, described how her aircraft has been standing on a runway, moving no-where for about 6 hours. Passengers were suffering panic attacks; the cabin was very hot and there was no water to drink; and of course there are few toilet facilities. One thing that the woman said struck me: the passengers were not allowed to try and get off the plane. If they did, she said, they’d be arrested. The staff were to all in intents and purposes holding passangers hostage, a nice inversion of a hijacking.

It seems to me that this situation is absurd. Given the privileged position of an airline operating under such laws governing international flight, there ought to be a clear “duty of care” on such airlines to provide all decent condtions, including things like food, water and so on, for passengers. If they cannot do this on the plane, then the passengers are entitled to ask to get off, go to a building and wait for developments.

What we are talking about are hostage conditions. I’d be interested to see if the passengers could join together and bring a lawsuit against the airline, and what the outcome would be.

The weather has been severe – and flight safety is a key concern, but the airlines are having a bad Christmas. And it does not look to be getting better any time soon. As far as I am concerned, I cannot wait to see the end of December soon enough.

There is only one way to meaningfully reduce state expenditure…

Philip Johnston write that “Vested interests are protecting administrators and forcing cuts to vital services” in an article about PFI contracts (Public Finance Initiative).

But for the most part “privatisation” is a meaningless distraction. The only realistic way to reduce state expenditure is to actually shed state functions as the root cause is not which mechanism the state uses: direct employees funded with taxes or outside hired hands funded with taxes.

Either way, the people who carry out state functions are creatures of a system funded by taxes rather than subject to the rigours of actual market pressures… until everyone in the chain can go broke as a consequence of their actions, it is still a state structure regardless of who is making the wheels go around.

Indeed every time the state bales out a bank regardless of the moral hazard, they spread the decision skewing and insulated-from-consequence disease associated with being supported by taxes.

To reduce state expenditure, you need to get the state out of all but its “core business”. You need to remove whole function of what the state does, not just hire different people to do it. The real problem is a century of ‘mission creep’. Until you can countenance that you are not serious about reducing the bloated state.

Samizdata quote of the day

But I don’t get the impression that Cameron and his Coalition are any more interested in personal liberty or rolling back the frontiers of state than their predecessors. The “Big Society”, indeed, is a watered-down version of the sort of bogus, grand, unifying scheme employed in the Fascist Italy of the Thirties.

James Delingpole

Dear Norman…

To anyone with a vaguely libertarian perspective observing the relentless creep of regulatory politics into ever more aspects of civil life, it has long been self evident that as a practical matter the statist right are largely interchangeable with the statist left. After all David “I see no liberty” Blunkett was simply standing on the shoulders of Michael “there is something of the night about him” Howard, no?

Hence the recent remark by the dependably dismal John Major that he likes being in coalition come as no surprise to me whatsoever. Indeed the only thing that ever so slightly raised one eyebrow on my part was his willingness to left the mask slip.

And with this in mind, I left a comment on Norman Tebbit’s blog in response to this:

“I respect those who are working in UKIP, but I would hope that you would respect us Eurosceptics in the Tory Party too.”

“Well I would respect you a lot more if you were not aiding and abetting the people who have turned the Conservative party into a party of Big Euro Statism… but the fact is they could not have done it without folks such as yourself helping to keep a critical mass of genuine conservatives voting for the party despite profound unease with the likes of Cameron, Major et al.

If you are hanging in there because you seek to take over the Tory party (re-take really) and drive out the twerps who now freely admit they are ideologically fungible with the left (something I have been pointing out for a decade, so Major’s remarks are hardly a revelation to me)… ie you remain a Tory so you can do a UK version of the Tea Party… well great, that is certainly something I could get behind… but if you are just going to be enablers for people who frankly do not share your conservative views, then with all due respect Norman (and I do mean that) you are part of the problem rather than part of the solution, and that is a great pity.”

Thank goodness: David Cameron’s days are numbered

Here is Alex Singleton’s take on what could happen to Cameron’s chances of a second term, if he continues surrendering to the EU:

UKIP arguably cost the Conservatives 10 seats at the last election. If a handful of extra [Tory] activists defect to UKIP in each marginal constituency in time for the next election, and others prioritise their golf over Tory leaflet drops, this figure could easily increase, helping to drive David Cameron from Downing Street.

Given how statist Cameron is, that is a delightful thought.

Socialism may now require two clauses

The Guardian laments the stillbirth of the clause in the Equality Act 2010 that required public sector bodies to consider the impact of every policy on inequality. The Act itself was passed as one of the last flourishes of the previous government, but this clause was not due to come in until April 2011. Now Teresa May says it never will.

In practice the “public sector equality duty” would have meant that local authorities would have had to carry out an “Equality Impact Assessment” on, well, everything. Here is a link to the Equality and Human Rights Commission’s own guidance on carrying out an Equality Impact Assessment.

The Guardian says that the clause was “a moderate and sensible effort to provide exactly the ‘framework for equality’ she [Teresa May] claims she wants” and May was mean to kill it. I quote from the editorial linked to above: “All the clause required was that every new policy had to be considered through the filter of its impact on poverty. ”

All? That “all” is no small thing. Funnily enough it was the left that alerted me to the sinister effects of having to consider things through a filter chosen by the elite. “Hegemonic discourse” is their preferred term for it.

Now the Guardian says the clause was nothing more than a light steer given to councils that they would be free to interpret how they wished, and talks as if the description “socialism in one clause” was just Teresa May’s snark and scaremongering. Back in January 2009, though, Polly Toynbee wrote an enthusiastic article about its potentially “mind-bogglingly immense” impact and quoted a Labour Cabinet minister who described the public sector equality duty “with relish” as… guess what?

“Socialism in one clause”.

Rather let the cat out of the bag, there.

Contrarians and Channel 4

Quite a lot of the time, I get irritated by the Channel 4 news programme, and its anchor, Jon Snow, who is often so blatant in his bias that it no longer angers, merely bemuses. But in fairness to that channel, it still seems willing to take risks with genuinely intelligent and argumentative programmes of the sort that the BBC will often rarely touch these days. Case in point was this programme. It does not pretend to be coolly objective: it is fiercely pro-free market; it hammers away at the fact that Britain is massively in public debt and that this issue primarily stems from decades of the Welfare State and a socialistic polity. Various people, such as Mark Littlewood of the Institute of Economic Affairs, appear on it. (Very good he is too, as the old film reviewer Barry Norman used to say). I would imagine that anyone watching this who is a Keynesian or big government type would be spitting blood by the end of the show, particularly as a result of how, for example, it raves about Hong Kong under the benevolent guidance of John Cowperthwaite during the late days of Hong Kong’s colonial history. Another thing struck me: Alisdair Darling, the former finance minister in the recent Labour government, came across as incredibly weak in defending his views; he looked a broken man. The head of the TUC, Brendan Barber, looked like a complacent City banker during the fat years.

This show is not an isolated example of how the channel has thrown rocks at the received wisdom. This show was another case; and this more recent tilt at the gods of AGW alarmism was another.

Of course, these may only be isolated examples. But I am not so sure. There is, at the moment, a general questioning among some people about certain supposedly “settled views”, such as that we need governments to prevent AGW, or that printing money and expanding the state is a good thing, or that genetically modified crops are the mark of Satan, and so forth.

And I can remember the Channel 4 Diverse Reports series of the 1980s, including its show, The New Enlightenment (which I don’t know is still available). I remember watching it for the first time and imagining how the the heads of leftists and tweedy Tories would be exploding.

Safe?

The Royal College of Nursing has just won a case against a bureaucratic body in England that many may not have heard of, the Independent Safeguarding Authority (ISA). The victory is a fairly minimal one: it has been ruled that the ISA must confirm to some elements of fair procedure, and may not ban people from their professions automatically without hearing. None of the professional bodies or establishment human rights organisations such as Liberty appears to be challenging the principle of state vetting in employment. They are fussing about the procedure.

But to me this is an epitome of the degree of state intrusion into our lives that is now accepted in Britain as completely normal.

Here, from the Nursing Times report, are summaries of the cases on the basis of which the most recent ruling was made:

Mr O is a nurse with an exemplary record. Mr O’s wife left their children alone for a short time while Mr O was at work. Mr O’s wife was arrested and detained overnight and subsequently cautioned. Mr O attended the police station the following day voluntarily and was also cautioned. There is no suggestion that Mr O was aware that his wife intended to leave the children alone. However, on 2 March 2010, over nine months since Mr O accepted the caution, the ISA wrote to inform him that it had automatically included his name on the Children’s and Adults’ Barred Lists for a full 10 years. Mr O remained on the Barred Lists until 24 July 2010 until his name was removed after representations were made by the RCN. During this time he was unable to work as a clinical nurse.

Mrs W is a nurse who was automatically included on the Barred Lists for 10 years by ISA on 7 June 2010 after she had accepted a caution for leaving her 11-year-old son at home on his own when she went shopping. Mrs W’s case was referred to the Nursing and Midwifery Council which made a finding after an investigation that she had no case to answer. Mrs W was unable to work as an agency nurse as she was prior to being placed on the Barred Lists and remained on unpaid leave. This placed her under significant financial pressures as a single parent responsible for her son. Mrs W was removed from the auto bar list on 18 August 2010 after the RCN made representations on her behalf.

For those who are unfamiliar with English criminal law, “accepted a caution” is a sort of plea bargain in the hands of the police. If one accepts a caution, one is admitting an offence in return for no further action being taken by police (except keeping a record on you, fingerprints and DNA, till you reach the age of 100). One might believe one was avoiding punishment. That would almost certainly be suggested by police (whose figures are improved and paperwork decreased by disposing of offences by caution). Nevertheless the routine admission of a minor offence can be used by distant bureaucrats (whether they give you a hearing or not) to deprive you of your career (and in the case of British nurses wasting hundreds of thousands of taxpayers money in training). And not only that but such a decisions makes it a criminal offence for anyone to employ you in any capacity in medicine, education or social care. Mr O and Mrs W would have been barred not just from professional nursing, but scrubbing the lavatories in a school after hours, or driving a bus for the elderly. (Or even, by a bureaucratic version of magical contagion, a bus for carers for the elderly. see pdf Q.35)

And cautioned for what? In the one case leaving a near teenager alone for a short while. In the other for allowing (allowing!?) one’s wife to leave the children for less than a working day. Who knew these were criminal offences?

I want children to grow up to be independent. That means them learning to manage themselves as early as they can. Leaving your children on their own for short periods, perhaps overnight or for a weekend, with proper provision and knowledge of who to call in case of problems, is not criminal. It is fine. It is laudable.

But we live in a state that demands you not use your judgement, that cannot bear the possibility of error and learning. It fears mistakes enough that there are now rules about how you may bring up your family, requiring all minors to be treated as needy infants. All adults, on the other hand, whether at home or in their working lives, are deemed to be cruel monsters unless restrained by the threat of excommunication from the benevolent database.

The state knows what is right. The ISA was originally to use a checklist to assess lifestyles for ‘risk‘, though that has been deferred for the moment. You are either among the elect, or you are damned – and the ISA has a list saying which is which.

Samizdata quote of the day

Why is it that the BBC, in its reporting of David Cameron’s visit to China, keeps banging on about the supposed dilemma faced by the Prime Minister over whether to raise human rights abuse, and in particular the plight of Liu Xiaobo, a prominent Chinese dissident unable to collect his Nobel peace prize because he’s serving an 11 year sentence in a Chinese jail?

There’s no dilemma here at all – except in the vague terms already referred to by Mr Cameron, this is not an issue which needs to be explored at all on a visit which is meant to be wholly about trade. Only the BBC, would, in oblivious disregard for the national interest, keep on trying to make something out of it.

Jeremy Warner

I seem to recall some ‘sensible’ commentator of the day made similar remarks about those who deprecated comparable government to government relations with Nazi Germany in the 1930’s over that whole tiresome ‘human rights’ thingie

List of all tax reliefs (Excel file 349KB)

Says it all, really. Her Majesty’s Treasury informs us that

The Office of Tax Simplification (OTS) is carrying out a review into all tax reliefs, allowances and exemptions, for businesses and individuals, across all the taxes administered by HM Revenue & Customs. The Chancellor has asked the OTS to identify reliefs that should be simplified or repealed to help achieve a simpler tax system.

As the first step of the review process, on 08 November 2010 the OTS published a complete list of tax reliefs and the approach that will be used for the Review. The list is the first time all tax reliefs administered by HM Revenue and Customs have been compiled and made available in a single document.

And here it is. All 349 kilobytes of it.

All good citizens will be happy to learn that “Expenditure incurred with regard to safety precautions at a sports ground is eligible for capital allowances.” (No. 530), although perhaps approval will be less enthusiastic for No. 603, “International organisations and their staffs are exempt from specified taxes.” It is a burden off my mind to discover in the form of No. 673 that “Suggestion awards made by employees which do not exceed £25 are exempt from income tax.” – although one might suggest that the effort put forth by lawmakers to create and tax inspectors to administer this provision probably exceeds the benefit felt by the average taxpayer. In fact that conclusion might apply to most of No.s 1- 672 and 674 – 1042 as well.

Hit me hard and hit me quick

The subject hierarchy in mainstream media is a clear tool for editorial mischief. No doubt the website designers will argue that their pathways are efficient and designed to assist readers to the most appropriate subject. Inbuilt bias does not exist, and you tag the BBC especially for this. Sometimes irony can ensue, such as the Grauniad pairing “environmental” and “nuclear”.

Only this newspaper could render the sour grapes of subsidy junkies newsworthy. Let’s hear the renewable energy mewl and whine because they do not get enough money:

The developments are likely to fuel concerns among the many environmental campaigners who oppose nuclear power that the industry has unfair access to the government, as well as benefiting from hidden subsidies.

“They [government] have to come clean about all the money spent on assisting nuclear – and this would be part of that,” said Mike Childs, head of climate campaigns for Friends of the Earth. “It’s important ministers come clean about who they are meeting, when they are meeting, and the issues they are discussing.”

After all, green lobbyists derive all of their financing from voluntary donations, so they would have us believe. In reality, the renewable energy industry and its lobbyists require subsidies to survive. So does nuclear energy.

Itis particularly telling when they weep because their quango constituency is whittled down to one. The Chicken Littles wail that the sky has fallen because they have to compete on a level playing field of one quango each:

Concern about the preferential treatment given to the nuclear industry by successive governments is likely to be heightened by the decision last month to abolish the parallel Renewables Energy Board, which met every quarter at the department and once a year outside, as part of spending cuts. The work of the renewables board will be taken on by the Office for Renewable Energy Deployment, for which there is a parallel Office for Nuclear Development.

There would have been a time when the Guardian, in its liberal days, could have stepped back from a story of quango competition and included the question: is this a good use of public money? The prevailing philosophy of the newspaper still recognised a link between tax and accountability. Not an argument that we could agree with but one that we could recognise.

What has changed over the last few years is the sense of entitlement from public sector professionals and their media sympathisers. State expenditure is unquestioned and arguments arise over the disposal of the spoils. The immoral, debauched class of New Labour becomes more visible at a time of illusionary restraint on the part of the Coalition.