Showing posts with label UK politics. Show all posts
Showing posts with label UK politics. Show all posts

Saturday, May 16, 2026

The Normalisation of Systemic Hatred Against Jews in the UK

Antisemitism is on the rise in the UK.

It’s been getting more-and-more nasty and especially very scary.

The Golders Green attack of last month was a very dark day. Not just for two Jewish individuals brutally stabbed by a maniac, but because it demonstrates warnings about the normalisation of extreme anti-Zionist rhetoric, almost always a contributing factor to anti-Jewish violence.

Headline today shows university Jewish students receiving death threats!  What is this?

Anti-semitism, is one of oldest and virulent of the irrational hatreds that saturates the Middle East. It is a key component of Palestinian Arab culture. It is also a significant undercurrent of Leftist ideology, and has been since at least Karl Marx and his self-loathing of his Jewish heritage. The antisemitism on the Right suffered a moral defeat after the horrors of the Holocaust. Today, about 80 years after the Holocaust, the generation that witnessed it first-hand have mostly passed away and antisemitism is undergoing a recrudescence. Now, Iran has replaced Germany. 

Since Oct-7, the focus of attacks have been concentrated on Jewish targets. From the miniature Kristallnachts perpetrated on university campuses, to stabbings of clothing-identifiable Jews on the streets of major cities, to the vandalism directed at Jewish identifiable buildings; it represents a change in the direction of violence. The point is to separate Jews from their neighbours and community. In essence, while the antisemitism seems outrageous, it offers the West a way out of the current chaos: “allow us to kill off the Jews and we will leave you alone”. 

I am in favour of free speech, but I think there is something deeply wrong in UK culture that it is mainstream and routine to call for the dismantling of the world’s only Jewish state, and when slogans such as “Globalise the Intifada” are tolerated under the banner of political expression. These nasty ideas carry real-world consequences for Jewish communities in England.

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Our King recently went to visit the Jewish community in Golders Green and met the Chief Rabbi Sir Ephraim Mirvis:

Tuesday, November 11, 2025

“BBC ‘ignored’ pro-trans bias in sports stories”

The Olympics are moving towards banning transgender women from competing in women’s sport. It seems they received “medical evidence” showing being born a male gives you physical advantages (*open mouth*?!) against women in women’s sport.

And ... how was the BBC approaching this subject, you might wonder?

See below for answer ... (esp. Mr Kay-Jelski (boss of BBC Sports) and the JK Rowling spat: “He highlighted evidence which found there was “little to no difference” in performance between transgender women and their female peers”.)

Can the BBC change?

I think it may be too late - it’s far too homogenous now & too much esprit de corps.

They’re part of a bubble who back the same things - back Labour, Hamas/Palestine, against Brexit, trans activism, total adherence to DEI, and everyone who disagrees is some sort of nasty racist.

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BBC ‘ignored’ pro-trans bias in sports stories
Female staff raised concerns about uncritical reporting on transgender athletes almost five years ago, messages reveal
By Craig Simpson & Oliver Brown
11 November 2025 6:00am GMT

BBC bosses “ignored” warnings about pro-transgender bias in its sports coverage, The Telegraph can reveal.

Messages seen by The Telegraph reveal that female staff repeatedly raised concerns over several years about the nature of reporting on gender issues.

BBC Sport bosses were told almost five years ago that stories about trans athletes were often uncritical and celebratory “puff pieces”, while glossing over any potentially negative impact on women’s sports.

However, insiders claim that the BBC persisted with overwhelmingly positive coverage of otherwise controversial athletes, including Lia Thomas, the biologically male swimmer, the weightlifter Laurel Hubbard, the cyclist Austin Killips and Imane Khelif, the boxer.

Concerns were also raised about biologically male athletes who were referred to as transgender “females”, a practice that appeared to confuse sex for gender and to go against the BBC’s own style guide.

BBC staff have reported feeling ignored and feeling unable to voice opinions that went against the prevailing orthodoxy of affirming transgender identity ...

BBC Sport is currently led by Alex Kay-Jelski, who faced criticism for a column he wrote for The Times in 2019 while he was the newspaper’s sports editor.

In the piece, he wrote that Martina Navratilova, the nine-time Wimbledon champion, and the Olympic swimming medallist Sharron Davies, both vocal opponents of allowing biological males to compete in women’s categories, were “not experts” on the matter of trans participation in sport.

Mr Kay-Jelski appeared to compare those who portrayed trans athletes as being “threatening” to racists who warned, “Don’t let black men in the same shops as you or they’ll rape your women”.

Following widespread criticism of his appointment as BBC Sport director in 2024, including from the Harry Potter author JK Rowling, Mr Kay-Jelski said he would leave his views “at the door”.

While some have expressed frustration with the BBC’s position on transgender issues, other institutions have responded to concerns raised about participation in women’s sports.

Earlier this year, the Football Association ruled that transgender women would no longer be able to play in women’s football in England, and the Rugby Football Union voted to ban trans women from full-contact women’s rugby union.

The International Olympic Committee is also moving towards banning transgender athletes from all female competition following a science-based review of evidence.

A BBC spokesman said: “While we always listen to feedback, BBC Sport has and always will report a wide range of views and perspectives in line with our editorial guidelines. We are unable to say more without further evidence of the points you are putting to us.”

VPN monitoring - gradual erosion of UK civil liberties

Samuel Woodhams writing in Exclusive: Ofcom is monitoring VPNs following Online Safety Act. Here’s how (TechRadar, Nov 2025)

The UK’s communications regulator, Ofcom, has told TechRadar that it’s using an unnamed third-party tool to monitor VPN use in the UK.

We use a leading third-party provider, which is widely used in the industry, to gather information on VPN usage. The provider combines multiple data sources to train its models and generate usage estimates. The data we access and use in our analyses is fully aggregated at the app level, and no personally identifiable or user-level information is ever included.”

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So depressing.

The Online Safety Act is a censorship device, and it cannot function if people can easily bypass it.

They will first go after private VPN usage soon, and go after end-to-end encryption.

And this is why accusing Reform UK of fascism doesn’t work anymore.

These proposals are far more authoritarian than anything Reform have proposed.

Is the BBC Immune to Criticism

What happens when a “world class” British institution starts promoting Hamas propaganda, and censuring a journalist for eye-rolling when she’s ordered to use the term “pregnant people” instead of women? Or with President Trump and the Panorama fiasco?

Yes, the problem isn’t that the BBC edited a quote to make it look like the US President said something that he didn’t say - it’s that people have dared to point this out. Rather than acknowledge its critics maybe have a point, as per Ms Polly Toynbee at the Guardian (see below), it’s far better to recite the glories of entertainment at the BBC - e.g. Celebrity Traitors, Strictly (never watched them myself) etc.

And, like the Bolsheviks, you pivot the real issue as being those awful counter-revolutionaries spreading their malice.

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We should only defend the BBC, if it’s actually good. 

It’s true value rests on the quality and integrity of the work it produces. 

What I think the BBC needs to change:

  1. BBC recruitment is a problem. I have a BBC friend, and they’re largely from the upper-middle classes having attended elite universities. There’s almost a monoculture of similar people from similar social backgrounds with similar mindsets. They don’t even see their own biases and preconceptions because they all share them. The word “diversity”, to institutions like the BBC, never really touch on how people think. It’s the usual box-ticking exercise on forms, and then, hey-presto, we’ve got loads of diversity.
  2. It cannot sanction or punish journalists for expressing a more gender-critical approach to the trans debate.
  3. The BBC have forgotten the first rule of journalism: report the news, don’t create news. Especially with the Israeli war, it rushes to report to make Israel look bad.
  4. I would also scale-back on the social and cultural deconstructionism of past few decades. Long story, but it’s leading to their own demise.
  5. The BBC managers need to respond v. quickly when serious lapses take place. BBC managers, including the Chairman, Mr Shah, and Director-General Tim Davie, knew about the doctored Trump documentary as far back as January. But, rather than take action, they did nothing. Then, by ignoring the warnings of the independent standards adviser Michael Prescott about the Panorama programme when they were raised in internal meetings. The net effect, to any reasonable person, is that the BBC appeared to have hoped the whole fiasco would remain buried.

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Polly Toynbee writing in “If you care about the BBC, stand up and defend it: this could be the beginning of the end” (Guardian, Nov 2025):

The BBC’s enemies have taken two scalps and inflicted maximum damage. The shock resignation of the director general, Tim Davie, and the head of news, Deborah Turness, make it look as if the BBC accepts that it does indeed suffer from “serious and systemic” bias in its coverage of issues including Donald Trump, Gaza and trans rights. But in this political coup, only the BBC’s sworn ideological foes think a cherrypicked sample of journalistic errors amounts to “systemic” bias ....

How right Nick Robinson was on Saturday’s Today programme: “There is also a political campaign by people who want to destroy the organisation that you are currently listening to,” backed up by the veteran broadcaster John Simpson, who said Robinson was “exactly right”. Many more need to speak up everywhere. Boris Johnson said he’d stop paying the licence fee until the BBC grovelled. Bravo again for Robinson’s retaliatory tweet: “Hands up all those who think Boris Johnson is well placed to lecture anyone else on upholding standards & admitting mistakes.” (Attackers calling the BBC a bunch of lefties should remember Robinson is a former chair of the Young Conservatives.)

Tuesday, November 4, 2025

The BBC Bias Dossier - It Can No Longer Be Trusted

The Telegraph has just got a major scoop from a whistleblower about the rot at the BBC. 

It is a private internal dossier (made public) on the corporation’s blatant biases which then, even worse, after having made serious journalistic errors, BBC executives opted to hide them from the public rather than correct the record.

This is huge news. 

I’m going to comment on the three aspects in the reports.

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Dishonest editing of President Trump

Being biased is one thing - but deliberately distorting and lying is quite another. 

The internal memo on the BBC’s Panorama programme about Donald Trump is utterly damning. The BBC had artificially spliced together two v. different and unrelated sections of video to create an impression that President D. Trump had said something he did not actually say. The BBC wanted audiences to get an impression that the former President expressly incited the Jan-6 riots. Not true.

In America, the best example of an organisation crossing-the-line was CBS, last year. It surreptitiously & selectively edited their much-vaunted “60 Minutes” interview with Kamala Harris. She gave a ridiculously meandering “word salad” answer on the subject of Israel. And so, the network distorted and edited it to create an alternative version in which she looked “better”. It gave an impression that she rendered a more “succinct” answer (as opposed to a kindergartener fumbling to find words). I think Mr Trump was right that these were covert attempts - by the quondam “reputable” establishment - to sway the presidential election in their preferred way. 

Some people hate Donald Trump so much that they’re prepared to accept a major broadcaster breaking its own rules of impartiality merely to read negative news on Trump - I don’t accept this compromise at all.

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Trans ideological capture

The memo accuses the BBC of “effective censorship” of its coverage of the transgender debate.

This is completely true. 

The BBC has been completely and ideologically captured by the “progressives” in the trans debate.

E.g. JK Rowling recently attacked BBC gender identity “ideology” after the BBC used the word “she” to describe a male neo-Nazi who was jailed for incitement of hatred in Germany after switching genders through a simple declaration. The BBC’s use of language couldn’t be clearer. It’s a rolling back on the rights of actual women and spreading of misinformation about reality.

Then, there’s Dame Jenni Murray. Host of BBC Radio 4’s show “Woman’s Hour” (a joke, right!!). She says she was “banned” from discussing her TERF views for fear of a backlash at the organisation. Why can’t a decent & honourable lady, like her, express reasonable views in the organisation? Why.

Or, as Suzanne Moore has pointed out (“The BBC is spouting gender nonsense again with its new trans drama. When will it learn?”, Telegraph), a new BBC drama What It Feels Like for a Girl is based on a 15-year-old boy’s transgendered memoirs. Yes, an adult man is supposed to tell us all what it feels like to be a girl.

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Pro-Hamas bias

This is the worst part of the BBC.

I’ve been cataloguing the BBC’s failures for some time. It’s not just that they make mistakes - it is, as the memo reveals, they consistently take a pro-Hamas slant in their reportage (particularly the BBC Arabic service which is basically a toilet, at this point).

First, the BBC didn’t, and probably still doesn’t, wish to call Hamas “terrorists”, esp. after Oct-7. From the point of view of the BBC, they don’t think it’s their function to demarcate the bad guys from the good guys. I don’t have the words for this dereliction. It strikes me as total insanity. How can you equivocate on using the correct moral language to describe an event/phenomena? Then, as an example of bias, the rush to blame Israel for negative things even before the facts arrive (same blog: in the context of the Al-Ahli Hospital).

Then, there’s the tendency on the BBC (and especially Channel 4) to dispatch a reporter to discuss a bomb site in Gaza to report on the tragedies of that day, without ever correspondingly addressing what Israel had to respond to. The net effect is that viewers get only the half story. Israel made to appear to kill for the heck of it.

There are plenty of other things - like allowing the son of a Hamas official to narrate a documentary, Gaza: How to Survive a Warzone for the BBC. That’s basically terrorist propaganda on the waves of the UK’s major broadcaster! Hamas, and their civilian sympathisers, have been playing the media for decades. Channel 4 eventually bought the rights and broadcasted this garbage.

Well ... in breaking this news, Mr Gordon Rayner writes in “BBC’s bias ‘pushed Hamas lies around the world’” (Telegraph, Nov 2025):

The BBC’s Arabic news service chose to “minimise Israeli suffering” in the war in Gaza so it could “paint Israel as the aggressor”, according to an internal report by a whistleblower. Allegations made against Israel were “raced to air” without adequate checks, the memo says, suggesting either carelessness or “a desire always to believe the worst about Israel”.

BBC Arabic, which is funded partly by a grant from the Foreign Office, gave large amounts of space to statements from Hamas, making its editorial slant “considerably different” to the main BBC website even though it is supposed to reflect the same values, managers were warned.

The BBC also gave “unjustifiable weight” to Hamas claims about the death toll in Gaza, which are widely accepted to have been exaggerated for propaganda purposes, and incorrectly claimed the International Court of Justice had ruled that genocide was taking place.

An aspect which I found v. interesting in Mr Rayner’s report is the BBC’s prevarication over their dishonesty with regards to the much-repeated genocide claim against Israel:

The BBC repeatedly reported that the International Court of Justice (ICJ) had ruled in January 2024 that there was a “plausible case of genocide” in Gaza.

It was mentioned by Jeremy Bowen, the BBC’s International Editor, among others, and on Newsnight and various television and radio reports.

Joan Donoghue, the former ICJ president, told the BBC’s HardTalk programme that the media had widely misinterpreted its findings and it was not correct to say the ICJ had found a plausible case of genocide.

An internal BBC review into the matter found that the ICJ’s ruling “is very clear and explicitly states that the court is not making any determination on the merits” of claims of genocide, but only on whether what was being alleged was covered by the genocide convention.

Mr Prescott said in his letter: “The ICJ report runs to just 26 pages and is written in non-technical language. Had no BBC reporter troubled themselves to read it?”

It took months for the BBC to issue a clarification.

Mr Prescott wrote: “The BBC is prone to downplaying criticism by saying it receives similar numbers of complaints from both sides. Looking at the evidence set out above, it seems very hard for any pro-Palestinian observers to make a compelling case that the BBC has a pro-Israel bias.”

Here is a video of Mr Rayner on the pro-Hamas bias.

Friday, October 31, 2025

Halloween and the burying of the dead

 

This is the cartoon at the Telegraph today.

The Prime Minister on the verge of announcing that they’ll be breaking the 2024 election manifesto.

They made a huge fuss - during the election - of insisting they won’t raise taxes on “working people”.

But ... as we all know ... socialists love raising taxes, and spending more of our own money for us.

😅

Saturday, September 13, 2025

The neverending Jeffrey Epstein entanglements

It seems we can’t go one week without hearing about Jeffrey Epstein.

Just yesterday, as per Channel 4 news, the British ambassador to the United States, Lord Peter Mandelson, was sacked.

Frankly ridiculous details emerged of the extent of his association with Jeffrey Epstein.

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A lot more serious, though, is the complete lack of judgment displayed by Sir Keir Starmer in appointing him – despite warnings, esp. from Lord Glasman (Daily Mail, Sept 2025):

The senior Labour peer Maurice Glasman privately warned Keir Starmer’s chief of staff Morgan McSweeney against the appointment in January, describing Lord Mandelson as ‘the wrong man at the wrong time in the wrong place’.

One Whitehall source last night claimed senior figures in the Foreign Office had also ‘advised against the appointment’ of a politician who was twice forced to resign from Cabinet over previous scandals.

That article went on to explain that there was:

A Secret memo in which Lord Mandelson urged then-prime minister Sir Tony Blair to meet Jeffrey Epstein has been kept under wraps, it is claimed.

The note, believed to have been written in May 2002 supposedly advised Sir Tony that a meeting would be ‘safe’ and useful given Epstein’s network of business contacts. Aides passed it to the prime minister. It is not known if a meeting took place.

The document and a civil service summary were due to be released this year by the National Archives. However, The Times reported, an exemption was applied on the grounds that disclosure could harm UK international relations, particularly with the US.

Yikes. Tony Blair now.

Sunday, January 5, 2025

The Rotherham child sexual exploitation scandal

Excerpting Louise Perry in “The Rotherham cover-up” (The Spectator):

When I use the word ‘Rotherham’, I am talking about the rape and sexual torture of thousands of underage girls in Britain over many decades by Muslim men from the Middle East, East Africa, and South Asia (predominantly Pakistan). The men targeted these girls because they were white and non-Muslim. Authorities failed to investigate the crimes for fear of being called racist. There is no disputing the fact that the motivation for the crimes was – and is – explicitly anti-white. Many of the perpetrators have said as much in both court testimony and police interviews. 

‘Rotherham’ has become a catch-all for sex crimes that took place across the UK, not just in the town of Rotherham. The journalist Charlie Peters has described this as the biggest race hate scandal in 21st century Britain, having identified at least 50 places in the UK in which these gangs have operated, and are continuing to operate. Notable among these is Oxford, a city in which predominantly Pakistani areas in the east abut predominately poor white areas at the very edge. Excerpts from the sentencing remarks relating to the 2013 conviction of members of an Oxford gang have been circulated on Twitter this week. They tell the stories of girls between the ages of 11 and 16 being anally raped, branded with their perpetrator’s initials, forcibly injected with heroin and trafficked across Britain to have sex with more men.

The authorities did not want to know. Not only did these crimes go uninvestigated, but victims and their families were frequently stonewalled or persecuted by the police. The father of one 15-year-old girl in Rotherham, whose attack had been so brutal she later needed surgery, was told by a police officer that the experience would ‘teach her a lesson’. Again and again, adults in positions of authority discovered what was going on, and yet decided that these underage girls were making their own decisions – that they were demonstrating agency – and so took no action. During this long period of failure, at least three victims were murdered: Laura Wilson (17), Lucy Lowe (16), and Charlene Downes (14).

It’s awful, I know. So awful that it’s tempting to dismiss it all as exaggeration, or even as a malicious invention by the far-right. When Suella Braverman announced the creation of a Grooming Gangs Taskforce in 2023 when she was home secretary, even so many decades after the problem first emerged, one Guardian writer accused her of inflaming ‘Islamophobic and xenophobic prejudice’. Dismissing all of this evidence as lies has been the preferred coping mechanism of the British elite – the people with no social connections to places like Rotherham, who are all eager to believe in the success of our multicultural project. The establishment did not want to know about ‘Rotherham’ – still does not want to know about ‘Rotherham’ – because it upsets that fantasy. 

Horrific reading.

It seems that the establishment is still denying justice to the victims of grooming gangs. The Labour party has rejected calls for an Oldham grooming gang inquiry.

The institutional failures must be exposed and accounted for.

We should probably start by implementing some of the recommendations from any of the previous inquiries. 

But, I think a good response from Labour would be along those lines & with a detailed exposition of which recommendations they are implementing and how long it would take in order to prevent this sort of thing happening. 

Unfortunately, Jess Phillips seems to be saying that it is up to the Council to decide if there is an inquiry or not. That seems like a joke.

A parliamentary enquiry to address a national issue, surely?

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Update: I found a Channel 4 news piece on more grooming/sexual exploitation situ:

Sunday, December 29, 2024

The Labour Party - quangocracy or democracy

I’ve just read a fascinating column by Ms. Ella Whelan. It presented a really interesting argument a propos democracy and governance. 

In “For Starmer, the unelected Blob must always rule over the plebs” (Telegraph), she says:

It’s been 177 days since the Labour Government was elected. And in that time, our new Prime Minister and his MPs have set up at least 25 quangos – almost one a week

Take the Office for Budget Responsibility, initially set up as a panic response after the global financial crash to provide what was supposed to be independent and transparent analysis. The OBR’s pronouncements are now treated as gospel by many MPs, who quote it as though its staff should write economic policy, rather than politicians who are answerable to voters.

There’s the headliners like Great British Energy, Skills England and the Independent Football Regulator, the niche like the National Cladding Taskforce and School Support Staff Negotiating Body and the quangos to regulate the quangos, like the Regulatory Innovation Office. Pick an issue and it’s almost guaranteed that some Labour MP has come up with an unelected body to advise on it.

All of this makes Labour’s crocodile tears for democratic change in the House of Lords stick in the craw. The recent row over hereditary peers was our Government’s attempt at looking like it cared about the little people.

How dreadful that these earls, viscounts and barons get a say in the legislative process simply by dint of their bloodline. This cheap shot at unelected lords might be true, but it begs the question as to what right any other lord or baroness has to sit on the plush red seats deciding which laws the great unwashed are governed by.

The Labour crusade against the House of Lords is waged on the putative basis of “protecting” or affirming democracy.

And yet, the same party outsources enforcement of certain policies and decisions to these unelected quangos. They’re government-funded semi-public administrative bodies outside the civil service. The OBR (which was mentioned) is a classic case, but the same with the Climate Change Committee.

It seems to me that many, but not all, quangos are created to shift responsibility and blame elsewhere. It avoids or delays a difficult or embarrassing decision to someone else.

Why is “democracy” critical to the House of Lords — but not to the quangonistas?

The Rise of Reform UK

If there were a general election tomorrow, it seems more people would vote for Reform UK than the Labor party.

Just think about: the governing party has fallen to second position among voter preference within only four months of forming a government. That’s incredible.

Why has the government’s honeymoon been so short? Partly lying about their intended tax rises during the campaign, and partly gas-lighting and feigning hysteria about the state of the economy to justify their taxes. Then, there’s being over generous to public sector workers whilst simultaneously depriving pensioners off their winter fuel allowance. General incompetence & dishonesty. As for the conservatives, they messed up almost every policy area over the past 14 years.

Reform UK is, to some extent, a protest vote expressing general resentment by people left behind.

They’ve been able to tap into disaffection about both major parties and resentment among older voters. People are fed up with the mass and/or excessive immigration. Speaking for myself, I think we’re a little reluctant to admit that the UK needs immigration for the National Health Service, among others. So, something like 50% of nurses in the UK come from overseas. People are also fed-up with the culture of intolerance and discrimination in both the public and private sector (i.e. “DEI” in HR-think). For me, I’m sick of the “wokery” in trashing all-and-every aspect of British heritage and culture.

Traditional Labour voters are supposed to be patriotic English men and women who believe in local communities - as opposed to big corporations. The Labour party has, in recent times, drifted so far that’s unclear what they stand for other than just a name for their core vote.

Ultimately, Reform UK has a low ceiling.

The Farage-Trump nexus is off-putting for many off the middle-of-the-road people. There’s also a difference between opinion polls and actual elections. Finally, Reform UK have unworkable policies. For people coming over by boats, there’s no way France is going to accept them back. Why should they? They’re also a little too anti-environmental. Like the Green Party, I think they offer simplistic solutions to highly complex problems.

Tuesday, November 5, 2024

Kemi Badenoch - new leader of Conservative Party

The leader of HM Official Opposition has been elected.

The Tories have their 4th woman leading them.

Culture wars

On the first issue, the culture wars seep into the fabric of our nation. I think patriotic pride (in our nation, our imperial history, our Royal Family) along with the need for a strong defence and secure borders are the foundations of Conservatism. It’s about being proud of the journey and progression of our small island, and the number of times we lead the way for other nations around the world.

Our culture defines our broader shared system of values. Their defence should be the basis for uniting the Right against the endless left-wing “identity politics” rhetoric and its stranglehold over the public sector. Britain has an incredible history. We shaped the world. There is no squeaky-clean spotless national history. But, if one adopts a measured perspective of both good and bad, I think we should be proud as a force for good in the world. 

Immigration

On immigration, the huge levels of immigration really worry me. A shared identity and values and the feeling that we’re looking out for each other’s interests is important. For some time, I’ve had the feeling we’re unravelling into a miscellany of various tribal interests.

We’ve also rarely had a sensible conversation on the issue — and that’s because of the “omg that’s racist!” crowd derailing its every opportunity.

I preferred Jenrick on this issue. I like his tougher approach to the huge mass immigration problem, including withdrawing from the Convention on Human Rights, which was a centrepiece of his leadership campaign. He was a breath of fresh air. Mrs Badenoch served in senior positions in two v. unconservative governments. 

I’m not sure whether she can deal with the massive immigration problem.

And that alone gives Reform all the space it needs to occupy the centre-right.


Tuesday, October 1, 2024

Politicians receiving “gifts” – Keir Starmer and the donorgate scandal

To bloggers not based in the UK: our new PM (and Cabinet) seem to have been receiving loads of “gifts” from a mysterious “Lord Alli” (spelt, apparently, with a double “LL”).

The PM accepted “clothes” from Lord Alli (including a dress for the PM’s wife), and an Arsenal box etc... and everyone seems to have received something from Lord Alli.

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For the Arsenal box — writes Stephen Daisley in “Now we know how Keir Starmer will fall“ (The Spectator):

I’m a massive Arsenal fan. I can’t go into the stands because of security reasons. Therefore if I don’t accept a gift of hospitality I can’t go to a game. You could say, well, bad luck. That’s why gifts have to be registered. But you know, never going to an Arsenal game again because I can’t accept hospitality is pushing it a bit far.

The £20k donation for the use of a flat — writes Archie Mitchell in “Keir Starmer accepted £20,000 of accommodation to help his son study for GCSEs“ (The Independent):

I’m not complaining about that, that’s fine, but if you’re a 16-year-old trying to do your GCSEs, your one chance in life, I promised him we’d move somewhere, we’d get out of that house, and go somewhere where he could be peacefully studying ... “Someone then offered me accommodation where we could do that, I took it up, and it was the right thing to do for my boy, it didn’t cost the taxpayer a penny.” Asked if that was Lord Alli, Sir Keir says: “Yes, of course” ... But my primary concern wasn’t about influencing government, it was making sure my boy could do his GCSE’s without wading through loads of journalists outside the house.

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How does the PM expect normal people (whose taxes are about to go up) to react to this when they can’t afford to attend football matches or find “somewhere quiet” for their kids to “study”? Especially after they’ve been criticising the Tories for being “out of touch”? 

Those undertaking a “civic” job in government (e.g. judges, parliamentarians), directorships, or professional associations have work policies forbidding accepting “gifts” from clients, because doing so runs the risk of falling foul of anti-bribery and corruption laws.

Starmer looks especially bad since he was a most vocal critic of cronyism and questionable donations in opposition.

He just looks like a massive hypocrite now.

Sunday, July 7, 2024

Why I really dislike the Labour government

This past week I voted for the conservatives at our general election. 

I wasn’t voting for a party — I was voting against the Labour party.

As it happens, I needn’t have bothered as my constituency overwhelmingly favoured Labour. But, I wanted to feel that I registered my protest.

However, it seems Labour won with fewer votes than it secured in 2019, when it lost. Its share of the vote was smaller than Tories and Reform UK combined. People have not turned to Labour — they simply rejected the Conservatives and SNP after a spell of awful few years. They reached out primarily to the Lib-Dems and Reform UK.

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Statism

The Conservative Party has made a real hash of things, but a Labour victory will now send us straight back to the 1970s. There is a great article by Janan Ganesh in “Britain will dislike the Labour government in no time” (The FT):

In a word, statism. Labour exists to spend money. No disgrace there: it is the quickest route to some of its social objectives. But with taxes and public debt so much higher than when Labour last governed, the pain this time will be sharper. Here is a prediction. After some initial fiscal restraint, Labour, in frustration, will borrow more — on past evidence, much more — than markets currently expect. If taxes rise, too, the public’s reaction won’t be the kind of grudging assent granted to Gordon Brown’s penny on national insurance in 2002.

Worse, public services won’t improve much because Labour won’t reform them. When Tony Blair challenged producer interests in healthcare and education, unions revolted. Sir Keir Starmer shows little intention of even testing their patience. If the Tories are a lobby group for old people, Labour is one for the public-sector middle class. If the most important social schism under this government is between the wage-earning young and asset-rich pensioners, expect the next one to be between private and public sector workers. [...]

So, corporatist institutions are going to proliferate. The texture of public life will feel 1970s-ish. Voters will remember that “fat cats” purr away in the state sector, too. Trade union special pleading will be what bankers’ bonuses were under the Tories. The almost mystical faith in “investment” will come under the scrutiny that it somehow escapes now. (What have been the economic returns on New Labour’s decade of investment?). [...]

Voters, busy with their well-warranted dislike of the Tories, haven’t had to reckon with these things for 14 years.

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Other reasons

Some other reasons why I’m dejected about our upcoming 5-year cycle:

  • The “culture war” will be worse under Labour. It’s part of its natural tendency to like telling people what to do — which is more pronounced in the centre left than the centre right. Fine cars, shout at smokers, chip away at property. Indeed, opposition to covid lockdowns came largely from the conservatives themselves rather than any official opposition. E.g. Phillipson recently wanted to depart from the new guidance for schools that bans teaching radical gender ideology, or giving government contracts to “black-led firms” regardless of merit etc.
  • By and large, nowadays, the centre right is more tolerant of divergent views than the centre left — which, esp. on social media, adopt an all-or-nothing approach. People who disagree with Labour on trans “rights” are automatically designated a “fascist” who must be cancelled — most excellently illustrated with the former darling of the left: JK Rowling. It’s part of the saying that the left are constantly looking for traitors. Amazingly, left that used to be the fighting against censorship and were pro-free speech during the 60s right up to recent times. Now, they have flipped that script.
  • They will continue illegal & mass migration to while fostering a culture of “you’re a bigot if you don’t agree” attitude. Our housing shortage is also quite heavily linked to these record levels of immigration, which the Labour party is even more ideologically committed to than the Tories.
  • Finally, Labour will bring in their constitutional changes and policies as New Labour which embed them in the structures of government in a way to prevent repeal. It will reflect their own philosophy of life — e.g., the legal duty on public bodies to “reduce inequality” (i.e. the public sector must spend more & redistribute on groups of “victims” of inequality, the House of Lords (see opposite re: Ed West & J Sorel from The Spectator on Gordon Brown’s notions - namely “illegalising all opposition”), votes for 16 y/o and foreign nationals etc.

Saturday, September 10, 2022

King Charles III – The New Monarch

Accession council at St James’s Palace.
I enjoyed watching the fascinating ceremony in the Privy Council on the proclamation of the new King. It harks back to the Stuarts; a piece of living history. A functioning Royal Family is part of the rich tapestry of historic ceremonies and events.

The King’s first address to the nation was eloquent and moving (BBC News). Particularly admirable given that he’d delivered it after having lost both his parents in a relatively short period of time. The special mention of Harry and Megan was sweet and conciliatory. 

He has inherited an awesome responsibility as his reign, particularly in light of the challenges our nation is facing.

Long Live King Charles III.

Saturday, September 3, 2022

Review: The Madness of Crowds by Douglas Murray

Douglas Murray’s The Madness of Crowds explores the contemporary thread of identity politics which permeates our culture and has come to really dominate it today. The book’s structure explores each aspect in turn; gay, women, race, and trans.

Is this a madness? I think Murray is right. Not in the sense of derangement. But in the sense which he means it, namely with reference to Charles Mackay’s Extraordinary Popular Delusions and the Madness of Crowds.

In Murray’s interlude on forgiveness, he suggests that the contemporary culture of apologising, repentance, and witch-hunts – which he seems to attribute to social media and a loss of our foundational grand narratives – may have something to do with this mania. 

The tone of this book is calm, reflective, and accommodating. Often, quite thought provoking. I find Murray’s literary style a bit run-of-the-mill. There is wit, butt a note of pessimism throughout (which may be justified). This is a battle that feels has been lost.

Below, as part of this review, I focus on a few elements of the book.

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Intersectionality

At the heart of the postmodern progressive outlook is the concept of intersectionality. The term is reputed to have originated with Crenshaw. She contended that one can examine the multiple ways in which “oppression” can manifest itself through an “intersection” of identities through various strata. That way, society would be more able to weigh the “privilege” against the “disadvantage.”

I think, in a vague way, this feels intuitive (particularly, as an example, in the context of Crenshaw’s court case in which she appeared as counsel). However, I don’t think it makes a lot of sense once the broader implications of the doctrine are carefully examined.

As already mentioned, intersectionality impresses either the “privileged” or the “discriminated against” stamp wholesale to certain groups. The problem is that, by implication, also to all members of that group. Such a framework is intended to account for the perceived discrepancies of the real world, and so it naturally lends itself, in that regard, to a victim-oppressor dynamic. The inherent assumption – through the telescope of intersectionality – is that perceived discrepancies are the causal effect of oppression. That’s a mistake. Oppression may be one explanation, but life tends to offer multi-causal explanations; and it is not clear that broad generalisation really account for individual justice.

One of its most bizarre affectations is the way people are often categorised into an ostensible monolith – such as BAME or LGBTQI+. The reality is that people aren’t nearly as monolithic as we expect (or, rather, would like them to be). Once we start sheepherding people into pens, we assumed that they think the same, and can be treated the same. The lumping together of hundreds of culturally diverse and geographically divergent ethnicities that have nothing in common is absurd and even, perhaps, insulting. They don’t have comparable experiences of racism etc.

The flaw in the use of abbreviations is surely evident in LGBTQI+. Apart from some degree of some overlap in some things – they are probably more different than they are alike. And, as Douglas Murray points out, its fundamentally unclear whether the experiences are sufficiently analogous to warrant such a unit block. 

In America, it has becoming “LGBTQIAPPK” with the other letters signifying queer, intersex, asexual, pansexual, polyamorous and kink. Indeed, the very use of the “+” (plus) shows how clumsy and unmanageable it is. The overarching question is what does it mean to be “LGBTQI+”? As Douglas Murray noted:

LGBT is now one of the groupings which mainstream politicians routinely speak about – and to – as if they actually exist like a racial over ledges community. It is a form of absurdity. Even on its own terms this composition is widely unsustainable and contradictory. Gay men and gay women have almost nothing in common … Neither have very much use for each other, and almost none meet in any communal spaces. 

As everyday common-sense will bear out, nobody actually uses the word “BAME”. Nobody says: “I’ve made a new friend today … he’s BAME”! How ridiculous would that sound? Nobody says: “Arh, yes … our new housemate John is LGBTQI+”. We say “our new housemate John is gay” or trans or whatever. So, we must ask; to whom does this categorisation render most utility? To lump people together and puree them into a soup? As Murray argued, the implicit shortcomings in the framework of intersectionality renders it a fundamental misapprehension of reality. 

There are four arguments that I would also add:

Firstly, there are an infinite number of ways in which a person can be defined as possessing either a “privilege” or “discrimination”. See the ‘Matrix of domination’ graph below. The end point is a competition for the most ways a person can be labelled a “victim”, if only to abnegate the “oppressor” tag. It’s this competition that is driving identity politics. (For example, Asians have sometimes been categorised as “white adjacent”!). So, because of this endless varieties of oppression, it says more about our meta psychology than reflecting reality. And, to the extent that it does reflect reality, I think it succeeds but only at a great deal of oversimplification.

Secondly, as the epithet “white straight male” denotes, our society frames intersectionality against that prism. And yet, the most conspicuous unevenness in our world is probably class. It’s a fuzzy amorphous concept which isn’t liable to a simplified blueprint; and yet I think it exists. Indeed, what about one’s locality and circumstances? In many instances, the poor white straight male is probably worse off than the rich black female lesbian. Also, consider the incongruities of life for a person living in London as opposed to Kabul?

Thirdly, it assumes that oppression (or, even, privilege) advances generally in one direction. But, in actuality, context matters tremendously. So, for example, if you want to go into teaching, the statistics show that it’s better to be a woman. On the other hand, the construction industry is tilted towards men. Assuming such discrepancies are a result of oppression, it would point in different directions. 

Fourthly, while some generalisations of disadvantage may be true, most people don’t fit into such sweeping stereotypes. In fact, to my mind, sweeping generalisations tend to give voice to a prejudice. Much more relevant are the individual’s innate characteristics and experiences which have informed the struggle more than general assumptions. As David Foster Wallace taught us, in his speech This is Water, the essence of education is being able to perceive and appreciate things from a different perspective.

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Additionally, Murray traces the broader intersectionality framework within a traditional Marxist substructure of the bourgeois-proletariat dynamic. The forces of revolutionary proletarianism had rebuffed and forsaken Marxists (except among the third world countries and former colonial states in contrast to the booming developed capitalist economies). Instead, that antagonism is instead wrought through an alternative hierarchy of oppression. This struggle for ‘social justice’ replaces the former proletarian analysis but remains subtlety underlaid by the usual anti-capitalist credo. (In Murray's book, it’s well worth reading the bits about Eurocommunism, Palmiro Togliatti, and Gramaci’s critique of culture as a hegemonic force.)

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Gay

Murray begins this section of the book by recalling his experience when he attended an exhibition of a small viewing of a film called the Voices of the Silenced. Apparently, this film documented the case for gay-to-straight conversion therapy. Murray points out how PinkNews concerted to pressurise the relevant cinema chain to ban its small screening, among the small clutch of guests that actually turned out to view it.

Why would this be important? According to Murray, it illustrates two inherent contradictions in the LGBT movement. Firstly, it’s the evolution of a movement away from the John Stuart Mill line (which it once affirmed). To quote Murray, “it is no business of anyone else what consenting adults get up to in private”; but now, it has morphed into something quite opposite. And, secondly, it illustrates the shift from a Voltaire-ian ‘free speech’ position (at the movement’s infancy) to a stance of aggressive orthodoxy (in its relative ascendancy). 

I think Douglas Murray is essentially correct on both of these contentions. Over time, political groups end up chomping their erstwhile colleagues who aren’t willing to imbibe the new orthodoxy. The net effect is that - as the contrarians are purged from the group - it ends up becoming more-and-more uncompromising and singular.

With reference to Mill’s harm principle, people are now aware that offensiveness - without more - is an insufficient justification for the curtailment of speech. But, if the same concept could be repackaged and reframed as “delegitimising” this-or-that group, then reasoning dictates that some “harm” must indeed have been inflicted. If some statement can be pivoted as ‘hateful’, then it can be rejected on the basis that it may be argued to encourage violence. That seems to be the logic.

Murray cites the Tom Daley and the surrogate baby story, as an example. Some article criticised it (title: ‘who and where is the woman? Is it ideological or make believe?’) and a campaign “Stop Funding Hate” started to pressurise advertisers to change the newspaper’s policy. By annexing that term “Hate” to their campaign, it implied positions to the contrary weren't just bigotry but harmful. The problem here is that journalists ought to be entitled to debate and discuss the complex issues arising in the balancing of the rights of all involved (including the surrogate mother). However, the culture around debating these points means less discussion is possible nowadays.

Furthermore, it’s critical to any healthy debate that two contrasting sides clash freely. Defining the expression of an unwelcoming or irritating opinion as being the condemnation of people is the attempt to control what can be said in the public domain. Free speech becomes not a right, but a privilege; dependent on whether the subject under discussion can lay moral claim to ideas whose negation is purported to “hurt” them. Of course, it’s ridiculous to suggest that ideas “hurt” us. Ideas do not assault, bruise, or injure us. Ideas are either right or wrong, and they should be debated and discussed. Free speech becomes a battle of the regnant cultural cordon sanitaire of approved opinions. But, as Orwell taught us; “if liberty means anything at all, it means the right to tell people what they do not want to hear.”

Returning to Voices of the Silenced, Murray’s other point relates to a more subtle and broader feeling in society in recent years. This relates to a creeping consensus on LGBTQI+ rights which have ossified into being uncompromising and hard-line. It is also backed by heresy hunts. Namely, scorn and outrage is poured on those who trespass some orthodoxy. People aren’t merely wrong or mistaken; but instead they are evil and morally bankrupt. A culture of fear (and self-censorship) is instilled by having figures in industry and media lose their careers over some peccadillo whose breach impugns one of our orthodoxies.

Another problem that Murray identifies is how being gay has become so politicised; that is has morphed into something different now: 

It suggests that you are only a member of a recognized minority group so long as you accept the specific grievances, political grievances and resulting electoral platforms that other people have worked out for you. Step outside of these lines and you are not a person with the same characteristics you had before but who happens to think differently from some prescribed norm. You have the characteristics taken away from you. So Thiel is no longer gay once he endorses Trump. And Kanye West is no longer black when he does the same thing. This suggests that ‘black’ isn’t a skin colour, or a race – or at least not those things alone. It suggests that ‘black’ – like gay – is in fact a political ideology.

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Women

There are various things that Murray discusses in this section. 

He discusses the rising language of “privilege” at the workplace, and the importance of intersectionality in the “hierarchy” in employment. Murray seems to regard the hopeless attempts at “unconscious bias training” as being based on the fundamental notion that people can be ‘corrected’. I disagree. These training packages are rolled out by big companies to counter the company’s liability should the employee do something discriminatory. At any rate, Murray remarks how such frameworks often conceal a deeper philosophy that people are oblivious to:

Discussion centred on the presumption that almost all relationships in the workplace and elsewhere are centred around the exercise of power. Knowingly or otherwise these women have all imbibed the Foucauldian world view in which power is the most significant prism for understanding human relationships.

There is a fascinating discussion about the ostensible awkwardness that the subject of motherhood has in feminism. If women are equal to men, then how does feminism confront the fact that women bear (and often raise) children? Children exhaust a huge amount of a mother’s energy, time, and emotion. Murray quotes CNBC and The Economist to the effect that having children is a penalty of sorts in our culture. Camille Paglia is quoted as saying the modern career woman involves a denigration of motherhood. I’m not sure I have an opinion, but I found this fascinating.

I would definitely recommend this book.

Monday, August 22, 2022

The Criminal Bar and its indefinite strike

What a great headline. Go hard or go home.

And yet, it’s also forlorn. 

For years, but especially under the Conservatives, the state has been tapering the legal aid budget due to the expectation ( justified, I think) that most voters just don’t care. 

Alongside court closures, it’s just easy pickings. And, this is the end result: an exodus from the criminal bar, and courts scheduling trials two years hence.

I think the problem is that people associate legal aid with the welfare state. For me, I think it’s far more elemental. It hinges on the most legitimate function of government. It’s the concept of ‘innocent til proven guilty’. A public defender is necessary because the State – with its armoury and treasury – is the accuser. Legal aid concerns peoples’ access to the law and should be a necessary aspect of the judicial machinery (as with court ushers, jury expenses, judicial pensions etc.) otherwise an inadequate defence is mere show trial (which is a feature of tyranny as opposed to the rule of law.)

In an article by Jonathan Este’s, he shows that both Labour and Conservative governments have both conspired, since the inception of legal aid, to strip it to the bone. (See: Legal aid at 70: how decades of cuts have diminished the right to legal equality). Under Tony Blair, the 1997/98 government briefed the press on “fat cat” legally aided lawyers which helped solidify an impression. This then paved the way for opportunistic governments to maintain these enduring cuts. Thus, I think this assault on legal aid actually ‘cuts’ across both parties. Of course, it is not to suggest that Tories are not to blame for the preceding twelve years, but it does predate them. To that extent, I don’t really expect much from Keir Starmer or any future government. 

So, day-to-day, as the wheels of our underfunded and neglected justice system turn, the fabric of our society frays ever more.

As for today’s news, I expect the government will denounce the profession that invariably acts as a safeguard against its policies.

Let's see what happens.

The government's "Online Safety Bill": form of censorship?

The very words "Online Safety Bill" should be a red flag. 

Ever-greater state power is draped in the language of protection and safety. In order to be protected by the state, as the logic goes, we must surrender some autonomy; and that way, everybody can be more effectively controlled and thus "safe". So, it's really a cliche because the other side of coin is 'control'.

Nevertheless, this traditional state power has been 'delegated' or 'devolved' to tech companies. Although separate from the state, they effectively give effect to state power. It's an interesting change in the political landscape and allows for a level of censorship that a government could not ordinarily bring into effect - without express Parliamentary authorisation. And that makes it a little bit different. Repeated calls have been clamouring for someone to "do something" about misinformation, online trolling and abuse, and child safety which are very popular with the electorate.

The problem is that there is no way of truly controlling interaction between people over the internet, with a view of eliminate ostensible harms, without diminishing a level of the interfacing. But, like other forms of prohibition, alternatives will emerge to provide the same original service – e.g. VPNs. I have no idea how effective age verification checks would be on websites, but I imagine – as usual prohibitions have shown – they incentivise more elaborate means of evading 'checks' to inappropriate websites. It seems to me that the more one seeks to try to control these things, the more likely a different end will be accomplished.

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The heart of this bill, when it comes to users, is to put the onus on tech companies to "protect from harmful content" as well as illegal stuff. But, how can anyone protect us from "harmful content"? What exactly is considered 'harmful'? Can entire subjects be framed as "harmful" on account of their controversy or inconvenience. Companies would be placed in the invidious position of picking sides to a controversy (or even an argument) and picking the people deemed 'correct' or 'fit' to engage in it. Enormous AI systems would be needed which would be inapt to recognise subtleties and shades, and thus blanket-rules will be introduced by the tech companies to 'protect' us. And as we have seen in recent artificial intelligence, they are only ever as good as their design and architecture and carry the inherent biases of their developers (see: New York Times, Who Is Making Sure the A.I. Machines Aren't Racist?).

The new so-called "duty" creates an enormous range of obligations which are unworkable for normal businesses other than the tech giants. Since this new duty entails enormous penalties, tech companies would be enormously empowered to minimise litigation and fees, and will lean on the 'better safe than sorry' approach with a heavy-handed clamp down. As Matthew Lesh has written, it will involve a pre-scanning of user messages before uploading and then a determination about what the company believes might be illegal. Further:

What is amazing is the sheer audacity and scale involved. The burden in companies must be incredible. Also, the proposed increase to OFCOM's remit must be hugely costly and onerous for the purpose of regulating websites. 

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Lord Sumption's first-class criticisms of the Online Safety Bill is also well worth a full read = The hidden harms in the Online Safety Bill.

Wednesday, July 13, 2022

The Queen, the law, and the resignation of her PM Boris Johnson

I would like to write about the events of the past week. Our constitutional conventions – that govern the Prime Minister's standing – have been tested and have been proven robust.

The incredible and almost unprecedent series of resignations from the Cabinet may have sounded alarming; but – beneath the surface – the system worked. I also think that even if the PM had decided not to resign, then our essentially political constitution with its conventions would have counteracted the crisis. 

History and law of the Prime Ministership

The office of the Prime Minister has evolved by convention – as opposed to legal doctrine – and is almost entirely uncodified. The Prime Minister, formerly the First Lord of the Treasury, harks back to the early 18th century with Sir Robert Walpole (1721—42). By tradition, the Second Lord of the Treasury was the Chancellor of the Exchequer. The modern rise of 'political parties' – as well as developments in the nineteenth century vis-a-vis the Crown and political conventions – solidified the need for such an office as a necessary feature of our constitution. 

The office of the Prime Minister did not arise from any specific statutory footing. The jurist A.V. Dicey first coined the expression "constitutional convention" to describe the democratic principles of the British constitution. Dicey explained that these conventions had fashioned constitutional democratic commitments by the Crown (what he called the "constitutional morality") that elevated "the ultimate supremacy of the electorate as the true political sovereign of the state". John Stuart Mill also identified these unwritten "maxims" of the constitution.

In modern times, the power to appoint a Prime Minster is governed by the constitutional convention of the Crown's prerogative in appointing the individual commanding the confidence of the lower house of Parliament. In other words, the leader of the party with an overall majority in the Commons. (Interestingly, while the current convention dictates that the Prime Minister needs to be a member of the House of Commons; in 1963, Sir Alec Douglas-Home was invited to the Prime Ministership – to succeed Harold Macmillan – from the House of Lords.)

In terms of the Queen's influence, Her Majesty's role – as Walter Bagehot described it – is "to advice, encourage and to warn" her Prime Minister in her weekly audiences. In truth, the Prime Minister leads the Cabinet whose Ministers the Crown appoints on the advice, and at the request, of the Prime Minister.

While the PM is primus inter pares in the Cabinet, that power is conditional on the continuing support of Cabinet colleagues and members of the party. The resignation of Rishi Sunak, former Chancellor of The Exchequer, is reminiscent of the resignation of Geoffrey Howe which ultimately drew the resignation of Margaret Thatcher (the UK's longest-serving Prime Minister since World War II). Afterwards, the issue of the new premier is the focus of the internal party apparatus and leadership procedures of the party with the electoral mandate.

The conventions work

In The Times, Lord Sumption wrote that:

Last Thursday's events marked the triumph of constitutional conventions. The civil service measured up to its reputation for honesty and impartiality; Parliament showed that even party discipline and a large majority will not protect a PM who defies the standards on which our politics depends. Johnson trampled on the conventions of his office. The political cost was high. He lost his job. That is how conventions are supposed to work.

I agree. In a nutshell, Boris Johnson pushed the conventions to their limit and was defeated. Amid the recent political bloodshed, my view is that the UK's unwritten constitution – with its political shape and form – has proven itself durable and sturdy.

There is some degree of uncertainty in the convention regarding whether the incumbent Prime Minister may remain in office until it becomes clear that a successor will be able to command the confidence of the party (or parliament, in the case of an election). The Cabinet Manual 2011 (para 2.10) states: 

The application of these principles depends on the specific circumstances and it remains a matter for the Prime Minister, as the Sovereign's principal adviser, to judge the appropriate time at which to resign, either from their individual position as Prime Minister or on behalf of the government. Recent examples suggest that previous Prime Ministers have not offered their resignations until there was a situation in which clear advice could be given to the Sovereign on who should be asked to form a government. It remains to be seen whether or not these examples will be regarded in future as having established a constitutional convention.

To my mind, it would be preferable to tender a formal resignation when the alternative premier has been settled by the party. 

The Queen's "reserve powers"

As already explained, the Crown generally acts on the advice of the Prime Minister. The royal prerogatives are largely exercised directly through ministers of the Crown. However, the Queen still exercises some prerogative powers herself which are at her discretion. These are known as the Crown's "reserve powers" ("personal prerogatives" as per Sir lvor Jennings). 

Below I quote two different sources which suggest that the Queen could under extraordinary circumstances exercise the reserve powers against the government of the day.

According to the Cabinet Manual:

Historically, the Sovereign has made use of reserve powers to dismiss a Prime Minister or to make a personal choice of successor, although this was last used in 1834 and was regarded as having undermined the Sovereign. In modern times the convention has been that the Sovereign should not be drawn into party politics, and if there is doubt it is the responsibility of those involved in the political process, and in particular the parties represented in Parliament, to seek to determine and communicate clearly to the Sovereign who is best placed to be able to command the confidence of the House of Commons. (Emphasis mine)

Prof Anne Twomey:

The existence of those reserve powers, nonetheless, remains essential to the effectiveness of the sovereign's personal influence. Today it is less the sovereign's social superiority that is likely to trouble a prime minister's mind than the sovereign's underlying constitutional power and the public's support for the sovereign, which is often much greater than that of the prime minister ... While the cardinal convention requires the sovereign and her vice-regal representatives to act upon the advice of responsible ministers, other than when exercising a reserve power, there is a degree of latitude in determining when the advice of ministers is final and must be obeyed ... The difficulty lies in ascertaining the point at which the sovereign must give way and how far he or she may go in terms of the initial refusal to act upon advice. (Source: From Bagehot to Brexit: The Monarch's Rights to be Consulted, to Encourage and to Warn)

It seems to me that the Crown's autonomous use of the reserve powers (which include the appointment and dismissal of Prime Ministers) is contingent on two factors: namely, the existence of an exceptional political crisis justifying the Crown's refusal to act on the advice of the Prime Minister, and a public consensus in favour of the Crown's intervention. 

For example, today, it seems that the government is giving Parliament a vote on whether MPs have confidence in the government (BBC News). If the Prime Minister had lost that vote of confidence but refused to tender his resignation (and continued to inhabit Downing Street), then it seems to me that the Queen, under her reserve powers, could actually intercede and dismiss her Prime Minister. The Crown's constitutional weight and authority would eclipse the government. Moreover, that exercise of power would probably strengthen the future of the monarchy. 

This would be preferable to a system which, perhaps like America, would involve the courts issuing an injunction demanding the resignation of the PM and/or ordering the Queen to make an alternative appointment. Our constitution is political in character: not legal.

Monday, June 27, 2022

Dominic Raab’s “Bill of Rights” Bill and the Constitution and human rights

Justice Secretary Dominic Raab has recently announced the government’s intentions to reform the structure of the courts in our Constitution with regards to the protection of human rights in Britain.

I have had a brief read through it (only takes 30 mins or so), and I would like to share a few of my thoughts on some interesting aspects of the Bill. I do not believe that it is possible to be a signatory of the European Convention without being bound by its Strasbourg Court. Therefore, if the government intends to repeal the Human Rights Act 1998, I argue that it should also withdraw from the European Convention on Human Rights. Lastly, I end with a discussion on an interesting miscellany of legal concepts that hinge on the relationship between Parliament and the Courts. I hope you enjoy.

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Purpose

“Bill of Rights is intended to repeal and replace the Human Rights Act 1998” — [1(1)]
“This Act clarifies and re-balances re-balances the relationship between courts in the United Kingdom, the European Court of Human Rights and Parliament” — [1(2)]

It seems that we are not withdrawing from the European Convention. From what I have seen, the Convention rights are listed in the schedule which seem to replicate the present configuration. Other uncontroversial aspects (such as definition and obligation of public authorities) remain analogous.

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Are British courts bound by Strasbourg

“The Supreme Court (and not the European Court of Human Rights) determines the meaning and effect of Convention rights for the purposes of domestic law” — [1(2)(a)]

“The Supreme Court is the ultimate judicial authority on questions arising under domestic law in connection with the Convention rights” — [3(1)]

This is intended to counteract section 2 of the Human Rights Act 1998. Under section 2, the UK courts have a duty to “take in to account” Strasbourg decisions. Of course, in practice, the question is what does this entail? It was never very clear. On one end of the spectrum, in Ullah [2004] UKHL 26, Lord Bingham argued that “national courts [have] to keep pace with the Strasbourg jurisprudence as it evolves over time: no more, but certainly no less”. However, more recently, in Pinnock [2010] UKSC 45, Lord Neuberger held that while domestic courts normally follow clear and constant Strasbourg jurisprudence, they do not have to so if Strasbourg was wrong.

The intent here is to make Strasbourg jurisprudence persuasive — but not binding on the British courts. This seems sensible and may clear up a bit of confusion inherent in section 2 of the Human Rights Act. Moreover, on the face of it, this should also be inoffensive to the Strasbourg court as the development of our British jurisprudence should be in line with their own doctrine of the margin of appreciation.

However, there is an insuperable contradiction which I don’t think has been addressed in this Bill. The European Convention is ultimately a subject of international law. The Convention was never incorporated into UK law until the Human Rights Act 1998. Until then - as a signatory state - the UK was bound to the terms of the treaty under international law. Only until the Human Rights Act, were rights conferred on individual citizens. Until then, UK citizens had to exhaust all domestic remedies (through the entire UK legal system) before a case reached the Strasbourg Court. Therefore, disregarding the rulings of the Strasbourg Court would still put the UK in violation of the international treaty under this Bill. Under Article 46 of the Convention, the Committee of Ministers would be able to commence proceedings against a member state which failed to comply with a judgment of the Strasbourg Court.

Under the doctrine of Parliamentary sovereignty, the UK courts could decline to be bound by a judgment of the Strasbourg Court and it would have no effect in domestic law. Notwithstanding a decline in (let’s say) international reputation and standing, the UK government would suffer penalties as reparation for consequences of the breach. On that footing, the UK government might as well just secede from the Convention. One cannot be a signatory to an agreement whilst also not wishing to be bound by its terms.

The heart of the problem is the constitutional legitimacy of the Strasbourg Court (in its “development” of Convention jurisprudence) via the “living tree” doctrine. I think it is unacceptable for a foreign court to assume its own jurisdiction unilaterally.

In Lord Sumption’s “Trials of the State”, he outlines how the Convention has — after the UK’s accession — morphed into a very different species in which the Convention has been expanded and adapted in ways not originally anticipated, or understood, when the UK signed up. Notably, Article 8 has involved the Strasbourg Court broadening the range of interests and rights falling under the “principle of personal autonomy”.

The Convention was originally conceived as a partial statement of rights universally regarded as fundamental: no torture, no arbitrary killing or imprisonment, freedom of thought and expression, due process of law and so on. It was not originally designed as a dynamic treaty. It was the Strasbourg court which transformed it into a dynamic treaty in the course of the first two decades of its existence. Its doctrine has been that the Convention is what it calls a ‘living instrument’. The court develops it by a process of extrapolation or analogy, so as to reflect its own view of what additional rights a modern democracy ought to have.

The law that has emerged from this system is applied by the Strasbourg court in all forty-seven countries that have signed up to the Convention, with only very limited allowance for differences between their moral values, their political culture or their institutional traditions. Indeed, as a result of a series of controversial decisions of the court, parts of it are applied to military operations by Convention countries in non-Convention states such as Iraq and Afghanistan for which the Convention was never designed and to which it is ill adapted.

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The relationship between the judiciary and Parliament — interpreting the Convention & declarations of incompatibility

“no longer required to read and give effect to legislation, so far as possible, in a way which is compatible with the Convention rights” — [1(2)(b)] 

“Give the greatest possible weight to the principle that, in a Parliamentary democracy, decisions about the balance between different policy aims, different Convention rights and Convention rights of different persons are properly made by Parliament” — [1(2)(b)]

Under Section 3 of Human Rights Act, the UK court’s ordinary rules of statutory interpretation were expanded such that a court can deviate from the ordinary interpretation of language in a statute to avoid clashes with the Convention. In Wilkinson [2005] UKHL 30, Lord Hoffman held that section 3 created a form of statutory construction with the presumption that Parliament intended not to interfere with Convention rights. Whilst this may have effected a dilution in the practical reality of parliamentary sovereignty, the standard law-student’s rejoinder was that such an arrangement was parliament’s mythical intention. From this Bill, it would seem that such abstract presumptions about parliamentary intention would no longer be valid and, accordingly, the modern practice of purposive statutory interpretation would, in this vein, no longer be tenable. 

But, it is worth asking whether the genie is out of the bottle? In Evans v Attorney General [2015] (‘Black Spider Memo Case’), the Supreme Court effectively re-interpreted a statutory provision to introduce various ‘constitutional’ considerations which went against the plain intention of Parliament. The logic here seems to be to “give the greatest possible weight to the principle that, in a Parliamentary democracy, decisions about how such a balance should be struck are properly made by Parliament” [7(2)(b)]. If so, then I do agree with such an objective. It strikes me as a healthy and salutary attempt to increase Parliamentary scope (and thus raising the legitimacy) in the gamut of political issues that reach the court.

In addition, the corollary would be an increased expectation that the High Court would issue more “declarations of incompatibility”. These are fairly innocuous procedures intended to alert Parliament to amend or repeal the offending Act — if Parliament chooses to do so. What is interesting is that the government is entitled [11(2)] to notice and to be joined as a party to the proceedings. Again, nothing controversial here.

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Update (2nd July 2022): Adam Tomkins has written (The Herald) defending the repeal of the Human Rights Act 1998 arguing that “our civil liberties are better protected by parliamentary legislation than by judicial decisions”. Also “I do not want to live in a country where rights and freedoms are the playthings of judges. I want to live in a country where their articulation and defence is a matter for Parliament”.