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]

In a way this is admirable

The Guardian‘s Matthew d’Ancona is at least honest about his opinion of Brexit voters:

“Let’s be honest about what’s really driving Brexit: bigotry”.

An exodus

“What’s wrong with UK financial markets? The global economy is recovering, but British stocks and shares are not keeping pace. The pound has failed to recover from the slide it experienced in the wake of the EU referendum. This is frequently blamed on investors being spooked by Brexit, even more so by the possibility of a no deal. But has anyone actually asked the markets what is spooking them? Look closer and it becomes clear that while Brexit is a problem for some investors, most are much more worried about a far bigger risk, even if they rarely speak about it in public. It is the possibility of a Corbyn government.”

Ross Clark, in the Spectator (£).

As there is a paywall and it is annoying for those who cannot get through it, here are more paragraphs:

Since last year’s election, when the Labour leader came within a stone’s throw of No. 10, it has been impossible to write off the idea of a Corbyn victory. And we’re about to enter a time when anything can happen. Theresa May looks doomed to lose the Commons vote on her Brexit deal on 11 December; the DUP has said it may well withdraw its support from the Tories, leaving the Prime Minister without a majority. Whatever the Commons result, turmoil is more or less guaranteed — and one possible outcome is a general election as early as January.

A no-deal Brexit would unquestionably cause short-term ructions in the UK economy, as well as affect the pound and the FTSE — for what economic forecasts are worth (which is not very much, to judge by recent history). Oxford Economics recently claimed that GDP would be 2 per cent smaller than expected, pushing the UK into a mild recession. But even if that were to happen (and it has to be remembered just how far Treasury forecasts were out when they claimed the economy would shrink by 3.6 and 6 per cent in the event of a Brexit vote), growth would then rekindle, trade would continue, companies would re-route imports and exports, and an inflationary spike would die down. But if Corbyn were to be elected on a ‘radical socialist’ platform, investors can only guess as to what might happen.

It is the threat of a wealth tax that is scaring wealthy individuals. It is a theme to which shadow chancellor John McDonnell has returned several times. In 2012 he gave his endorsement to a proposal by University of Glasgow academic Greg Philo (sometimes mistakenly called an ‘economist’ but actually a professor in sociology) to subject wealthy individuals to a one-off wealth tax of 20 per cent in the hope of using it to pay off the government’s debts.

`The wealthiest 10 per cent own £4,000 billion,’ said McDonnell. ‘If you took 20 per cent of that you would then have £800 billion and we could tackle our deficit — we could tackle our debt — four-fifths of our debt would then be wiped out. So we’re saying just collect the money and make those who created the crisis pay for the crisis and that way you overcome it.’

The idea that wealthy individuals are as a group responsible for the 2008/09 crisis is absurd — what role, he might like to explain, did the Rolling Stones play in the crash? — as is the suggestion that such a tax would pay off the government’s debts: how McDonnell would manage to capture his £800 billion when, of course, highly mobile wealthy individuals have the option of fleeing the country. There is little appetite around the world for international socialist revolution, the only thing which could stop capital flight in its tracks.

On the contrary, many governments are going in the opposite direction and making every effort to attract wealthy residents. Donald Trump’s tax cuts have set out a big welcome mat for the world’s rich (if not so much for those of liberal opinion). Israel has introduced a ten-year tax holiday on the global wealth of new residents — they will pay tax only on money they bring into the country. Emmanuel Macron has reversed François Hollande’s war on the rich and offered special inducements to attract wealthy residents. Monaco recently held a presentation in London in an effort to attract wealthy individuals. Argentina and Greece, countries from which the wealthy were fleeing in recent times, are now much more settled.

The author is correct; in my own discussions with people in the financial markets, there is a real fear of what these reheated Marxists will do. Anyone who owns land, for example, unless they are politically connected to Labour, will be targeted. And as usual, it will not just be “the rich” who get it in the neck (not that isn’t bad in its own right), but the broad mass of the middle class who will not have the ease of being able to go abroad on a second passport.

The tragedy of the current situation is that Prime Minister Theresa May uses the genuine fear of a Corbyn-led government to scare us into accepting her plans to turn the UK into a European Customs Union vassal state, indefinitely, hoping no doubt that we all become so bored by the Brexit process that we accept that as the least-worst, if still crap, outcome. This situation, however, cannot last and I predict that there will be a significant political party realignment in the next few years, a view that several folk I know share. This current choice menu of Marxist anti-semite Left vs managerialist and hopeless Tory Party is simply shameful for a country of the UK’s standing in the world.

A Lincoln Lark

The Sage of Kettering and I have been on another day trip, this time to Lincoln. We have also visited a mystery town I shall leave you to guess below, and also at Stow-by-Lindsey, a tiny village west of Lincoln, with a now incongruously large Minster, Anglo-Saxon in origin, having been added to over the years.

It also claims to have the earliest known Viking graffito in England, a carving of a long ship. It is not clear if this was a marauder or a merchant, but he presumably came up river to here, the Humber is not far away.

It also has a curious face on the font.

And an austere interior, perhaps barer than in its glory.

→ Continue reading: A Lincoln Lark

Episcopal (related) quote of the last Millennium

One of the main targets of (Bishop of Lincoln) Robert Grosseteste‘s (c. 1175 – 9 October 1253) criticism was the Papacy, which he believed was levying over-harsh taxation in England and appointing inappropriate men to benefices in the Church.

Another quote:

“Those rascal Romans….. he hated like the poison of a serpent. He was wont to say that if he should commit the charge of souls to them, he should be acting like Satan. Wherefore he often threw down with contempt the letters sealed with the papal bulls and openly refused to listen to such commands.”

Thus say English Heritage of Bishop Grossteste (Big Head) of Lincoln, in a display in the former Bishop’s Palace in Lincoln. The Bishop was never canonised, perhaps because he was too holy. He was no fan of Rome, as English Heritage note, in their exhibition in his former palace.

A Protestant before the term was coined, and surely a model for our current political class in the light of current ‘difficulties’ from over the water.

Acceptance

“Haters are not going to hate here,” asserts a young lady speaking for Scotland in this Scottish government video called “Your hate is not welcome here, Yours Scotland”. “That’s why if we see anything we’re calling the police,” says another virtuously. The philosophy of the whole is explained by the young man at 0:46: “We believe in acceptance.”

Was I gullible to believe in Tory cynicism?

Ever since Gove messed up the election of a leave leader, my confidence that the Tories would nevertheless deliver Brexit rested less on the belief that the parliamentary party contained more leavers than full-blown remoaners than on the conviction that it contained many who just wanted to win the next election. Cameron’s referendum to deal with the internal and external (UKIP) threat to Tory electoral prospects ended not as he intended, but it offered such MPs a very obvious path forward. Likewise, when May demonstrated her ability to reduce a poll-lead healthily exceeding 20% to a result just exceeding 2% (over Corbyn, of all people), my belief that the Tories would not risk another election under her leadership rested solidly on my faith in how many Tory MPs wanted first and foremost to win.

For now, it is all still to play for. Firstly, if there are as many letters written as rumoured, yet such as David Davis are still thinking about it, then Mogg’s “this week or next” remains on the table – and I quite see that the rule ensuring May a challenge-free year if she survives a vote is a very good reason for caution in the run-up to launching one. Secondly, when May’s incompetence made her dependent on the DUP for her majority, I thought it good for one reason; I now also think it good for another. Thirdly, if all else fails, reality could still prove wiser than parliament and deliver us a no-deal Brexit through their sheer inability to agree anything decisive in a timely fashion.

All that said, I am beginning to question my faith in the “focus on winning” cynicism of a sufficient majority of Tory MPs. It is one thing to think that enough Tory MPs to keep May as leader could betray their voters, their party, their principles and the most emphatic statements of their 2017 manifesto (and her leadership campaign), but it shakes me to the core to find myself wondering if they could choose the electoral death ride of May campaigning on this deal rather than follow a leaver. I’m glad that a majority of back-bench MPs seem to be interested in retaining the votes of the ‘swivel-eyed loons’ so derided by Cameron, Osborne, and now May, but just how many others would rather lose than be unfriended in SWI ?

Natalie once stated she would endure a Corbyn government rather than stay in the EU. I have always felt much sympathy for the wretched situation of Slavs who found themselves fighting for Stalin against Hitler as the only alternative to Hitler’s winning, and it is with similar feelings that I do see her point (if, that is, we could even rely on their being alternatives). However we should be able to do better than that.

Always wait for the police

“Police need public support to arrest violent offenders”, says Ken Marsh, the chairman of the Metropolitan Police Federation, effectively the trade union for London police officers.

[Marsh] spoke out after video footage appearing to show two officers locked in a violent struggle as they tried to make an arrest was shared thousands of times on social media.

The footage, taken in south London on Saturday, appeared to show a male officer being dragged around in the road as he tries to stop a suspect in a white tracksuit running away.

A second man, wearing a grey tracksuit, seems to take a run-up before aiming a flying kick at a female officer, who then lies dazed in the road clutching her head, feet away from a passing bus. She appeared to have tried to use incapacitant spray on the pair but to no effect.

A member of the public wearing a motorcycle helmet helped the male officer in the struggle, but several cars went past without stopping.

“Are we now in a society where, if we think we can’t detain somebody, we just let them go? It’s just not worth it,” said Marsh, who represents thousands of police officers in the capital.

Yes. Yes we are. And if anyone wonders how we got to this pass in which the public do not step in to help police officers when the latter attempt to restrain lawbreakers, try repeating Mr Marsh’s question without the implication that “we” refers only to the police:

“Are we now in a society where, if we think we can’t detain somebody, we just let them go? It’s just not worth it,” said the public.

This state of affairs was a long time a-growing. Though I do not know Ken Marsh’s own views upon this issue, how many times have prominent police officers and other figures of authority deprecated, failed to support, actively condemned, arrested or otherwise punished members of the public who “took the law into their own hands” – or even just looked like they might? That last link takes you to a post from 2011 by Perry de Havilland in which a female victim of crime got “quite the life lesson” about police priorities. That lesson will not only have been taken in by her.

Longtime Samizdata readers might recall a little ditty I made in 2007 about a celebrated interview between the radio host Jeremy Vine and Tony McNulty MP, then a Home Office minister. Here is the BBC’s transcription:

Jeremy Vine: You see something happening in the street. Do you step in?

Tony McNulty: I think the general line must be to get in touch with the authorities straight and make sure that if things are as bad as you paint the police will be there as quickly as they can.

Jeremy: You see a young man looking aggressive, shouting at an old woman, what do you do? You retreat and ring the police?

Tony McNulty: I think you should in the first instance. It may well be the simply shouting at them, blowing your horn or whatever else deters them and they go away.

Jeremy: He’s now hitting her and the police haven’t come, what do you do then?

Tony McNulty: The same the same, you must always …

Jeremy: Still wait?

Tony McNulty: Get back to the police, try some distractive activities whatever else.

Jeremy: What jump up and down?

Tony McNulty: But I would say you know sometimes that that may well work.

Even if someone is being battered right in front of you, you must always wait for the police. That was the advice of a Minister of the Crown. Having drilled us in passivity for at least ten years (in fact much longer; that example is only one of many I could have cited), why would anyone expect ordinary citizens to suddenly rediscover the duty to defend a victim of assault just because that victim is a police officer?

Update: Here is some more recent advice from the police themselves: “Taking the law into your own hands – a warning from Derbyshire police”

That article does at least acknowledge that it is possible to make a citizen’s arrest and – mirabile dictu – records that Judge Jonathan Bennett awarded £400 from the Derbyshire High Sheriff’s fund to a man who made a citizen’s arrest of a burglar in recognition of “public spirited behaviour”. But note the response of the only police officer quoted:

Sergeant Graham Summers, of Derbyshire police, said: “We would never encourage anyone to take the law into their own hands by carrying out a citizen’s arrest. Instead, we would urge people to call us on 101 for non-emergencies, or 999 in an emergency.”

Jacob Rees-Mogg crosses the Rubicon

Things are lively in Westminster tonight. According to the Guardian Theresa May has secured the backing of the Cabinet for a Brexit deal. And according to Guido Fawkes, Jacob Rees-Mogg has finally made his move against Theresa May. After saying that he had initially supported Mrs May’s efforts to negotiate Brexit, the Mogster now takes a different view:

Unfortunately the proposals for a UK/EU agreement released today do not match up to those early expectations. For four key reasons.

1. The proposed agreement will see the UK hand over £39 billion to the EU for little or nothing in return. The prospect of an agreed free trade agreement is as far away today as it always has been. The 15 page political declaration is neither binding nor clear in its intentions. If it aims to put in place the Chequers proposal it is neither workable nor respectful of the referendum result.

Next comes some side-of-the-bus stuff about nurses, just to remind us that JRM is only the “Member for the Eighteenth Century” in his manners. He is thoroughly twentieth century when it comes to Our NHS. The letter continues,

2. The proposed agreement would treat Northern Ireland differently than the rest of the UK. This is unacceptable to Unionists particularly in Northern Ireland, and Scotland where the SNP will seek to demand similar internal UK borders to weaken the Union.

A funny way of putting it, but presumably he means that Scotland would seek to be more deeply in the EU.

3. This agreement will lock us into an EU customs union and EU laws. This will prevent us pursuing a UK trade policy based around our priorities and economy. Without the ability to regulate

That word again

our own economy and form our own trade agreements we will lose out on the opportunities that Brexit affords us.

That was a key point.

4. Agreeing to be subject to the rules of an EU Customs Union, in contravention of the 2017 Conservative manifesto, without any votes or influence is profoundly undemocratic. This is compounded by the lack of any ability for the UK to unilaterally escape, making the UK a permanent rule taker.

Personally, though I do object to being subject to the rules of an EU Customs Union, I do not object because of a lack of democracy. However he has a good point about being locked in.

Cutting to the chase,

For these reasons I can not support the proposed agreement in Parliament and would hope that Conservative MPs would do likewise.

Yours

Jacob Rees-Mogg MP.

Whaddya think?

Quote of the Process – Martin Howe QC

“…my own view is that signing up to this backstop with this review mechanism would be mad, simply mad….”

So writes Martin Howe QC, of Lawyers for Britain (sounding for all the World like a certain denizen of this parish) in a message to supporters, summarising his advice. He is referring to the proposed deal that the UK Cabinet is being asked by the FFC to agree to:

This is the advice I would give the Cabinet about the Irish border “backstop” arrangement.

First, the existing confusing December 2017 text about the “backstop” is not legally binding. We still have a brief, golden opportunity to walk away from this mess. The UK is free under international law to walk away. By contrast, if we sign a treaty text embodying a backstop arrangement, it would become legally binding. It is not realistic to say (as some have) that it is just a treaty and we can either change it in future or just break or leave it. We cannot do this unless its terms allow us to.

But it gets worse:

Trade treaties normally contain clauses which allow either party to withdraw on notice. I can’t think of a single existing trade treaty which does not contain such a notice clause. So what the EU is currently asking for – a clause which would allow the UK to terminate the backstop only if it is replaced by a subsequent agreement with the EU – is wholly exceptional in international treaty practice. This would lock the UK into a relationship with the EU which the UK could not escape except with the EU’s permission.

Instead of pressing for a simple clause which gives the UK the right to withdraw from the backstop on notice, the government is contemplating a clause under which the UK’s right to withdraw is dependent upon satisfying a ‘joint review mechanism’ or arbitral body.

It is virtually unheard of in international treaty relations for states to agree to be bound by decisions of tribunals which are not strictly neutral. Typically, an international arbitration panel will consist of an arbitrator appointed by each party and a neutral chairman. However, the Chequers White Paper has proposed an arbitration process modelled on Ukraine’s humiliating deal with the EU under which the arbitration panel is obliged to refer issues of EU law to the ECJ and is bound by its decision.

The legal black hole of the proposed treaty.

So my advice to the Cabinet is that agreeing to a backstop which the UK can only leave if we satisfy a review mechanism risks dropping the UK into a legal black hole for probably a number of years and quite possibly for longer .

While in that black hole, we would be subject to EU control of our tariffs and external trade policy and of wide areas of our internal laws, without having any vote on the rules which bind us, and we would be unable to negotiate trade agreements with non-EU countries.

We know have a clear legal right to terminate the application of EU laws to ourselves by giving two years notice under Article 50. We would have swapped that to a situation where our right to escape from EU laws would be not under our control, and in the worst case might lock the UK into the backstop permanently.

So it’s really a Brezhnev Doctrine for the EU, the acquis communautaire, with the UK conveniently deprived of voting rights, like a caterpillar injected with a wasp’s egg that slowly consumes the poor beast from within, when it thought it was going to pupate and become a butterfly.However, it’s not clear to me how the sovereignty of the UK Parliament could be subordinated (or suborned) to a treaty, presumably there will be some ‘supremacy clause’ seeking to establish Parliament’s subordination, it may be the Lawyers for Britain have the answer here, subordination to the ECJ.

He whose payments system pays the piper calls the tune

Paypal stops handling payments for Tommy Robinson, reports the BBC.

As usual, I will defend the right of Paypal to exclude whomsoever it wishes. But I find something ominous about the fact that the company refuses to say exactly what Mr Robinson has done to violate its terms of use, and also about the fact that it seems likely that it has taken this step because a lot of people signed a petition telling it to:

Paypal has told former English Defence League leader Tommy Robinson it will no longer process payments on his behalf, the BBC understands.

The payments network is believed to have told Mr Robinson he had violated its terms and conditions.

It said Paypal could not be used to promote hate, violence or discrimination.

Online petitions calling on finance firms to sever links with him have gained thousands of signatures.

In a statement, Paypal said it could not comment on individual customers but added that it regularly reviewed accounts to ensure their use aligned with its acceptable use policy.

“PayPal connects buyers and sellers.” When it so chooses.

Which is as it should be. But if it makes enough choices like this one I can see the day coming when I might choose another payments provider.

A bonfire of the freedoms

It is traditional at this time of year to burn Guy Fawkes in effigy. My Catholic family never had a problem with doing that. Fawkes was a terrorist before the name was invented. But for variety’s sake, effigies of many public figures other than Fawkes have been put on the bonfire over the years. The town of Lewes is particularly known for its vigorous celebrations:

In 2001 effigies of Osama bin Laden were burned by the Cliffe, Commercial Square and Lewes Borough bonfire societies, causing the Lewes Bonfire to receive more press attention than usual, being featured on the front page of some national newspapers, as did the Firle Bonfire Society’s 2003 choice of a gypsy caravan. In 2014 police investigated complaints about plans to burn two effigies of Alex Salmond, the First Minister of Scotland, and one model was subsequently withdrawn from the event. In 2015 effigies of David Cameron with a pig, Jeremy Clarkson and Sepp Blatter were burned.

I don’t have much of a problem with that, either. All those mentioned chose to be public figures, apart from the pig.

However I do have a problem with the nasty jerks (nothing to do with Lewes) who made a cardboard model of Grenfell Tower, the building that burned down in June 2017, killing 72 people, and put that on their bonfire. To laugh and joke about innocent people dying in agony is despicable. The proper response is scorn.

The actual response in the UK of 2018 was to send Plod round to scoop up a load of “gaffer tape and white tags” in a clear plastic bag and carry it away for detailed forensic analysis. Given that the six “suspects” voluntarily handed themselves in, why it is deemed necessary to search for their fingerprints on discarded pieces of cardboard is not clear, unless it is intended to feature in the first episode of the long-promised CSI South Norwood.

“Grenfell fire: When does causing offence become a crime?” asks the BBC.

I don’t know, when does it? It wasn’t a crime when I was growing up. How odd to think in Lewes and elsewhere a tradition of burning public figures in effigy grew up and persisted in the centuries since 1605, despite rulers who were quite happy to chop off an ear or two as a punishment for seditious libel. Now we have the Human Rights Act and everything, but jerks get arrested for burning a cardboard model.

My guess is that the police know perfectly well that even in these days of declining freedom, this example of causing offence still does not qualify as a crime. The performance of evidence bags solemnly being carried away in front of the TV cameras as if they had discovered the lair of a serial killer was not as pointless as it might seem at first. The process was the punishment.

“Remain cheated for decades”

The Remain die-hards are much excited by the news that the Leave donor Arron Banks faces a criminal inquiry over his financial support for the Brexit campaign. “MPs call for Brexit process to be paused as NCA investigates £2.9m spent by leave campaign”, says the strapline to that Guardian article, as if David Lammy calling for the Brexit process to be paused were a new development and not something he has been doing since 25 June 2016.

I do not always agree with Peter J North, but when that one was bowled in his direction he batted it away for six:

Remain cheated for decades

Arron Banks has been referred to the National Crime Agency in respect of his alleged dodgy financial dealings. I don’t care. I have never met the man, and exchanged few words, most of them derogatory. My decision to vote to leave the EU is based on a long standing democratic principle and I was never going to vote any other way.

This evening I tweeted “I think I speak for virtually all leavers when I say Tony Blair and John Major did a million times more to influence my #Brexit vote than Arron Banks or Vote Leave”. It has some 1200 likes so I think I am in the right ballpark here. Most had never heard of Arron Banks until the referendum. I certainly hadn’t and my perceptions of the EU have been forged over two decades.

and

From the outset the leave movement was up against the entirety of the establishment be it academic, industry bosses, the legal profession, the state broadcaster and the Westminster machine – all of whom have been plied with junkets, goodies and treasure over a number of decades to buy their loyalty to the EU. It has made many sectors of civil society hopelessly dependent on it and if we are talking about foreign interference in UK democracy then the EU of itself is a culprit and we don’t hear similar wailing about one George Soros who has almost single handedly bankrolled the legacy remain campaign.

It is actually painful to have to select paragraphs to quote, because I want them all. One more:

As much as Brexit is about ending the rule of Brussels it is as much a yank ion the leash of our politicians to remind them who is boss. We have corrected their mistake. They now warn us that if there is no deal then we see a cascade of failure and the termination of all of our foreign relations. This is because they and they alone put all of our external relations and regulatory constructs into a single treaty framework and handed over the keys to Brussels. They are the ones who created that vulnerability in the belief that it would be irreversible just so long as they continued to deny us a say.