Nosemonkey's EUtopia

In search of a European identity

February 23, 2006
by Nosemonkey
42 Comments

Magna Carta and Civil Liberties

A quickie to try and clear up a confusion I’ve seen on a few blogs around the place who seem to think that Magna Carta guarantees British (well, English) people certain freedoms:

The Magna Carta “rights” thing is a complete myth. It never granted anyone other than a few barons any liberties – the attempt to argue that it did began in the 17th century with Sir Edward Coke, and was expanded upon by the Parliamentarians to justify their entirely illegal revolt against the King. Even if it did grant any rights, hardly any of it remains in force.

In fact, there are not, nor ever have been, any guaranteed rights in this country. Not until we signed up to the UN, that is. The way the English constitution works (Scotland is rather different) ensures that nothing can possibly be guaranteed within the nation state itself – only external obligations can compel our government to abide by what many consider to be basic human rights obligations. There is not, nor ever has been, anything in English law that can secure civil liberties.

(Oh, and an additional problem? Legally speaking, any attempt to introduce a codified constitution granting inviolable legal rights to the people would itself be unconstitutional, and therefore illegal and easily repealed by any later government that wished to… The only way to ensure certain rights is to sign up to strict external obligations to force the national government to abide by set rules of conduct – one of the benefits we would have got had the now dead EU constitution been ratified and put into force.)

February 23, 2006
by Nosemonkey
1 Comment

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Go read this. It would seem once again that Mr McKeating and myself are pondering along similar lines – with him covering a whole bunch of the potential flaws of the Legislative and Regulatory Reform Bill in his usual entertaining style.

At some point soon I may get around to doing a lengthier take on the role of business interests in all this, which I’ve been pondering for a while… Unusually, if it happens it’ll almost certainly be from a decidedly non-Marxian perspective, which may make a nice change from the usual “business is evil” crowd.

February 22, 2006
by Nosemonkey
9 Comments

The Legislative and Regulatory Reform Bill – time to do something

Banality slips beneath the radar so much more easily than excitement. Call something “The Religious Hatred Bill”, people sit up and take notice. Call it “Administrative” “Legislative” or “Regulatory” something or other, no one notices for hell, and you can slip all kinds of nonsense through. Why do you think the fictional Department in Yes, Minister was The Department for Administrative Affairs?

Anyway, the Legislative and Regulatory Reform Bill is bloody dangerous, potentially far more so than any other piece of legislation currently before parliament. Yet because it sounds boring, no one cares. Most MPs haven’t got a clue about it. So it’s time to enlighten them.

Via EU-Serf (and the fact that we’re agreeing on this should be some indication of just how dangerous the bill is) comes a very handy breakdown of the problems with the Legislative and Regulatory Reform Bill, and a request that you contact your MP asap to ask them a few questions and get them thinking about the bloody thing, rather than merely ignoring it through boredom as most seem to be. Here’s a few samples of possible questions you could ask when you contact your MP:

Why does the Bill give the power to create new law, including new criminal offences, to the Law Commissions, which are unelected quangos appointed by Ministers?

If the Law Commissions are supposed to be staffed by impartial technical experts, why are Ministers taking the power to amend the recommendations of the Law Commissions before they are fast-tracked into legislation?

If the Bill gives Ministers powers to charge fees by decree, is that not a charter to bring in unlimited stealth taxes?

As the Bill permits an order to be made by a Minister under the Bill provided its effect is �proportionate� to his �policy objective�, since when in our history as a democratic country has a Government Minister�s �policy objective� directly received the force of law?

If the Bill allows Ministers to �amend, repeal or replace legislation in any way that an Act might�, does this not give them an unlimited power to ignore a democratic Parliament and legislate by decree?

Most people think politics is boring. That’s precisely why politicians get away with so damn much. Time to wake them up people – because this particular bill could do all MPs out of a job…

Update: Never thought I’d say this, but thank God for the Tories – it seems they’re on the case.

Update 2: From the comments, a very handy, easy to understand (.pdf) briefing paper from lawyers at Clifford Chance, “Henry VIII Redux – The government’s new law-making powers”, just to prove it’s not just bloggers who are concerned about this:

“The bill will permit the Government to… change any piece of secondary legislation… Secondary legislation implementing Law Commission proposals may, additionally, amend the common law. The Bill would also permit such secondary legislation to give Ministers, and other, powers to make legislation, not subject to the new procedure…

“The Minister may only make an Order under the Bill where he considers that the conditions set out in clause 3(2), ‘where relevant, are satisfied’… The bill does not require the conditions are met, but rather that the Minister considers that they have been met, where relevant.”

In other words, this Bill gives them the power to give themselves more powers as they see fit, and the only restriction placed upon them is their conscience. These are politicians we’re talking about – they don’t HAVE a conscience. Be afraid.

February 21, 2006
by Nosemonkey
9 Comments

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Why is it a controversy when the (unelected) heir to the throne writes low-profile letters expressing political opinons to ministers and MPs, but not when the (unelected) Metropolitan Police Commissioner stages press conferences expressing political opinions to the entire country?

February 21, 2006
by Nosemonkey
Comments Off on 114054196049431758

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Busy, so a quick heads-up: Electronic surveillance enters EU statute books

“Europe�s justice ministers have given final approval to controversial rules forcing telephone operators and internet service providers to store data.”

More later, if time. But it’s worth noting that this legislation was originally introduced by our very own Tony Blair during the UK EU presidency. Cheers Tony, you maniacal fascist.

February 21, 2006
by Nosemonkey
2 Comments

Political Philosophy thought(s) for the day

Some more past parallels, from Tom Paine:

1) (from 1776’s Common Sense) “Ye that dare oppose not only tyranny but the tyrant, stand forth! Every spot of the Old World is overrun with oppression. Freedom hath been hunted round the globe. Asia and Africa have long expelled her. Europe regards her like a stranger and England hath given her warning to depart.”

2) (from 1776’s The American Crisis) “panics, in some cases, have their uses; they produce as much good as hurt. Their duration is always short; the mind soon grows through them, and acquires a firmer habit than before. But their peculiar advantage is, that they are the touchstones of sincerity and hypocrisy, and bring things and men to light, which might otherwise have lain forever undiscovered. In fact, they have the same effect on secret traitors, which an imaginary apparition would have upon a private murderer. They sift out the hidden thoughts of man, and hold them up in public to the world.”

3) (from 1795’s Dissertation on First Principles of Government) “It is the nature and intention of a constitution to prevent governing by party, by establishing a common principle that shall limit and control the power and impulse of party, and that says to all parties, thus far shalt thou go and no further. But in the absence of a constitution, men look entirely to party; and instead of principle governing party, party governs principle.”

4) (from the same) “An avidity to punish is always dangerous to liberty. It leads men to stretch, to misinterpret, and to misapply even the best of laws. He that would make his own liberty secure must guard even his enemy from oppression; for if he violates this duty he establishes a precedent that will reach to himself.”

5) (from 1793’s The Age of Reason) “It is impossible to calculate the moral mischief, if I may so express it, that mental lying has produced in society. When a man has so far corrupted and prostituted the chastity of his mind, as to subscribe his professional belief to things he does not believe, he has prepared himself for the commission of every other crime.”

Is Tony Blair our very own “secret traitor”, willing to destroy our liberties faced with a perceived threat from abroad? Has he “corrupted and prostituted the chastity of his mind”, or merely that of his party?

Those who forget the lessons of the past are doomed to repeat them…

February 21, 2006
by Nosemonkey
4 Comments

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Notes from a small bedroom – a new blog that’s well worth a look. And also brings a handy H.L.Mencken quote:

“The whole aim of practical politics is to keep the populace alarmed � and thus clamorous to be led to safety � by menacing it with an endless series of hobgoblins, all of them imaginary.”

I really must read some more Mencken. Anyone got any suggestions of especially good collections?

February 20, 2006
by Nosemonkey
12 Comments

David Irving is an idiot, not a criminal

I thoroughly disapprove of this. His kind of questioning of the Holocaust may be hurtful, it may be distasteful, it may be based on dubious evidence and on the utterly unhistorical discounting of thousands of eyewitness accounts, but someone needs to question the accepted version of history, even if only to be roundly debunked and ridiculed. Just as the late, great Conrad Russell was not sent to prison for challenging the received wisdom on the origins of the English Civil War, David Irving should not be sent to prison for challenging the received wisdom on the Third Reich. Nor should he be prosecuted for being a bad, failed historian – which is all he really is…

February 20, 2006
by Nosemonkey
6 Comments

“It remains our view that these individuals represent a real risk to the national security of this country and should continue to be detained”

Hazel Blears, 20th October 2005.

“It is regrettable that any families with children have to be detained at all but it is sadly the actions of the adults in the family that make this necessary.” Hazel Blears, 13th August 2003

Ms Blears, as well as being Minister of State for Crime, Security and Communities, is the constituency MP of Olive Mukarugwiza, a Rwandan asylum seeker who, after living in the UK for three years, without warning found her home raided by police at 6am last Tuesday morning. She and her three children were packed off to Yarls Wood detention centre pending their deportation. On Friday they were bundled onto a plane in such a distraught state that the pilot refused to fly.

Harry’s Place has evidently received the same emails from the campaign to get her a decent review as me. More here and here.

This particular case appears to have received precisely no newspaper coverage. A google search for Olive comes up with precisely nothing. I can neither confirm nor deny the truth of this one. Nonetheless, a mother and her three children – the eldest of which apparently has offers from three universities as she prepares for her A-levels – hardly sound like a threat to national security. But in Labour’s brave new world, asylum seekers are merely statistics – and the more they can refuse and deport to placate the anti-immigration crowd, the better.

Edited: It would appear Olive’s surname was spelled wrong in the email I originally received. Now corrected. Still practically no Google presence though.

February 20, 2006
by Nosemonkey
5 Comments

Public Service Announcement – May local elections

If you want to vote in the May local elections you only have three weeks to make sure you are registered, as the deadline is Monday 13th March. Application forms can be downloaded here – and at the same site you can enter your postcode to check whether you have any elections in your area.

It is well worth noting that as local elections traditionally have a very low turnout, they are an ideal time to have an impact. Want to give Blair and co a bloody nose? Get registered and show your displeasure in the only way they understand – by voting for somebody else and reducing their hold over the country.

Update: From A Logical Voice, potential marginals and other interesting electoral battlegrounds. Doubtless we’ll end up with more detailed breakdowns over the next few weeks. In the meantime, if you live in any of these places, your vote could be significant on May 4th, so make sure you’re registered:

Bexley, Bradford ,Brent, Bury, Calderdale, Camden, Croydon, Doncaster, Fulham, Hammersmith, Haringey, Havering, Hillingdon, Kirklees, Lambeth, Leeds, North Tyneside, Rochdale, Solihull, St. Helens

February 20, 2006
by Nosemonkey
Comments Off on Political philosophy thought for the day

Political philosophy thought for the day

John Locke, Second Treatise of Government, Ch.III:

“he who attempts to get another man into his absolute power does thereby put himself into a state of war with him; it being to be understood as a declaration of a design upon his life. For I have reason to conclude that he who would get me into his power without my consent would use me as he pleased when he had got me there, and destroy me too when he had a fancy to it; for nobody can desire to have me in his absolute power unless it be to compel me by force to that which is against my right of freedom – i.e. make me a slave…

“let his pretence be what it will, I have no reason to suppose that he who would take away my liberty would not, when he had me in his power, take away everything else.”

(A reminder, following recent and ongoing developments)