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]

CMV: the threat to liberty from mandatory voter ID is insignificant

“CMV” stands for “Change my view”. It is the name of a subreddit where people go to argue, expecting disagreement, as I expect it now.

In the most recent Queen’s Speech, Her Majesty told the Lords and the Commons that “My Government will invest in new green industries to create jobs”, but there were serious proposals as well. She also said, “Legislation will be introduced to ensure the integrity of elections”. This was a reference to the proposed Electoral Integrity Bill. You can read the Hansard account of the debate in Parliament here. Chloe Smith MP, who it appears is the Minister for the Constitution and Devolution, there’s posh now, said,

Asking voters to prove their identities will safeguard against the potential in our current system for someone to cast another person’s vote at the polling station. Showing identification is something people of all backgrounds do every day.

Northern Ireland has used voter identification in its elections since 1985, and expanded this in 2003 during the last Labour Government. In the first general election after photographic identification was introduced in Northern Ireland by the then Labour Government (2005), turnout in Northern Ireland was higher than in each of England, Scotland and Wales. Since then, the experience in Northern Ireland has shown that once voter identification is established as part of the voting system the vast majority of electors complete the voting process after arriving at the polling station. A wide range of countries, such as Canada and most European nations, require some form of identification to vote.

New research published yesterday on www.gov.uk clearly indicates that the vast majority of the electorate of Great Britain, 98% of electors, already own an eligible form of identification, which includes a broad range of documents and expired photographic identification.

And, um, that sounds fair to me. Note that the Northern Irish Electoral Identity Card is not required to be shown before one can vote. It is but one of several acceptable forms of ID, and is issued free of charge to those people who don’t have any of the other forms so that nobody will be unable to vote due to poverty. It is not the abominable high-tech integrated without-this-you-starve Identity Nexus proposed by the Right Honourable Tony Blair. My opinions on that have not changed since 2003. To look at, the Northern Irish Electoral Identity card is a poxy little photocard that looks like it was issued by your local library. This lack of sophistication, the fact that you only need the effing thing once every five years or so, and the fact that voters have been obliged to show ID before voting in Northern Ireland for years without any obvious bad consequences, lead me not to fear the rollout of a similar scheme in the rest of the UK as the first step on the slippery slope towards a national ID card.

As to whether a legal requirement to show photographic ID before one votes is a thing good, bad or indifferent in itself, that is a separate debate. Dawn Butler MP, writing in the Times, says, “This, to me, is nothing more than a cynical attempt at voter suppression by our government — and it must be stopped. It mirrors some of the subversive tactics deployed in some states in America.” Jess Garland of the Electoral Reform Society writes in the Guardian that it would undermine democracy. Over in the US, where the state of Georgia has recently passed its own Election Integrity Act, President Biden said a thing about eagles.

The King can do no wrong

George Archer-Shee died at nineteen, in what might almost be called a natural death for a young British man of his class at that time – he was killed in the First Battle of Ypres. His name is inscribed on the Menin Gate but he has no known grave.

He shared the manner of his death with thousands of others, but, quite against his own wishes, his short life before that had taken an unusual turn. At the time of his death he had been famous for six years.

It all started in 1908 when George Archer-Shee was thirteen and a cadet at the Royal Naval College, Osborne. He was accused of having stolen a five shilling postal order intended for another cadet. An elderly post office clerk said she remembered Archer-Shee as having cashed two postal orders that day, one of his own (which no one denied) and the stolen one. Archer-Shee protested his innocence to no avail; he was expelled without much ceremony.

That should have been that, a minor story of Edwardian disgrace, but his father refused to take it lying down. He engaged one of the most celebrated lawyers of the day – Sir Edward Carson, famous for many reasons, some of which are still controversial today, and determined to pursue the case to the highest court in the land. But there was a slight problem: if I have understood it right, at that time one could not sue the Crown.

Quoting a 1939 article in the Pennsylvania Law Review:

It was early recognized in England that while an action could not be brought against the King, yet as the “fountain of justice and equity” he would entertain petitions from his subjects for the redress of their wrongs; and it was established during the reign of Edward I that the subject might bring a petition of right, which, if approved by the King, would be heard in his courts. The King indicated his approval of the petition by writing on it, “Let right be done”. A petition of right, as distinguished from a petition of grace, asked “for something which the suppliant could claim as a right, if the claim were made against any one but the King”. Originally a petition of right was employed only to recover some interest in land, and there was doubt whether it would lie to recover chattels, but by the time of Henry VI it was settled that it would lie for the recovery of goods and chattels. It was not until 1874 that it was decided that the petition would lie for breach of contract. It would never lie for a tort, for the King can do no wrong.

At the time the petition of right was filed in the Archer-Shee case the law was clear that those in the service of the Crown, whether military or civil, could be dismissed at will and were without remedy by petition of right or otherwise.

Carson won in the end, as he usually did. Archer-Shee was exonerated. And the important precedent was set that the King can do wrong, and can be sued.

So far, so Whig history. The setting of that precedent is how I come to know about the case. I think I read a rather good account of it and why it mattered in Look and Learn magazine in the mid 1970s. Terence Rattigan wrote a play loosely based on the story called The Winslow Boy. It has been filmed at least twice.

But a more recent event also involving the Post Office – and the refusal of the Post Office to admit the possibility of error – and the refusal of the British State as a whole to admit the possibility of the Post Office being in error – and the blackening of the names of innocent people – made me think that we need to learn that lesson again.

Let the BBC tell the story:

Post Office scandal: What the Horizon saga is all about

A group of former sub-postmasters and sub-postmistresses have seen their names cleared at the Court of Appeal after the UK’s most widespread miscarriage of justice.

It marks the latest stage of a computer scandal, and a long and complex legal battle, which could leave the Post Office with a huge compensation bill.

Between 2000 and 2014, the Post Office prosecuted 736 sub-postmasters and sub-postmistresses – an average of one a week – based on information from a recently installed computer system called Horizon.

Some went to prison following convictions for false accounting and theft, many were financially ruined and have described being shunned by their communities. Some have since died.

Edit: In the comments Rudolph Hucker pointed out that the doctrine driving the Post Office’s reckless prosecution of so many of its own employees bore an even closer parallel to the doctrine, supposedly overturned by the Archer-Shee case, that “the King can do no wrong” than I thought. He linked to a piece from the radio station LBC called ‘The Post Office were mendacious in the way they denied justice’ The title is a quote from Nick Wallis, a journalist who has been covering the Horizon scandal for many years.

Due to its long legacy, the Post Office has a “proximity to state power that is almost unparalleled.”

Mr Wallis continued: “It was able to use its own investigation and prosecution units to bypass the CPS and the police force to prosecute its own employees to the tune of one a week for 14 years. There were 736 successful convictions just using Horizon IT evidence.”

He told Shelagh that when the Post Office found out its prosecutions may be unsafe, “they covered it up.”

“They went out of their way to say to campaigning MPs and the Justice for the Postmasters’ Alliance that nothing was going wrong with the IT system and there was nothing wrong with their prosecution.”

They then “threw tens of millions of pounds trying to deny the subpostmasters justice,” Mr Wallis said.

“They were mendacious in the way they went about denying justice and they colluded with the Government in order to do this, because the Government is 100% shareholder of the Post Office and it has skin in this game.

Samizdata quote of the day

When people see those anti-lockdown memes being spread, it forces them to recognize that the world isn’t quite as monolithic as their approved media lulls them into thinking it is. The more they encounter, the more often they must recognize that their paradigms aren’t universal.

In a healthy society, it would be apparent that there were dissenting views. In a society that quashes “disinformation”, you need illicit memes to remind people that there are other views.

Bobby B

Big Business has long known the way to eliminate or at least manage future rivals

Conspiracies are almost always bunk (but note that word ‘almost’). In the vast majority of cases, there are other better explanations for why things happen. Also, it ain’t a conspiracy if it is right out in the open for all to see. And by out in the open, I do not mean people saying “we are going to screw you over”. No, forget what people say, just focus on what they do and try to actually make happen. Once you understand what their objectives are, and the incentives they respond to, you can (almost) always parse their proclamations and get what they actually mean. An oil company’s objective is to produce oil, right? So, why would an oil company support phasing out internal combustion engines? Well, an oil company’s objective is not to produce oil, it is to make money and keep its employees in their jobs. And you can also make money by having governments give you taxpayer’s money to develop alternatives.

Big business seeks unified, market-based approaches ahead of climate summit

Corporate executives and investors say they want world leaders at next week’s climate summit to embrace a unified and market-based approach to slashing their carbon emissions. The request reflects the business world’s growing acceptance that the world needs to sharply reduce global greenhouse gas emissions, as well as its fear that doing so too quickly could lead governments to set heavy-handed or fragmented rules that choke international trade and hurt profits.

– Reuters (2021)

Note that phrase “fragmented rules”. There is even a photo in the article of some poor impoverished fellow titled “A farmer burns paddy waste stubble in a field on the outskirts of Ahmedabad, India”. No doubt this man is filled with a frisson of excitement at the prospect of having his costs massively increased by getting rid of internal combustion engines, and maybe even having some patented GMO seeds foisted on him that he has to pay for annually.

So, here is another quote.

Fascism is the organised attempt to introduce socialist planning with the consent of big business

– Edward Conze (1934)

Conze’s quote is very illuminating and even from the perspective of a deeply unpleasant man writing in the 1930s it is on the money. Where I think Conze’s observation needs a bit of updating is fascism (or alt-socialism) circa 2021 does not look exactly like fascism circa 1934. The ‘organised’ bit these days lacks jackbooted chaps marching down the street (well, usually), and modern neo-racism is tactically different to the way it was done in 1934, albeit the primary objective is still segmentation of populations into manageable groups.

Admittedly, Chinese Han nationalism is a bit more like paleo-racism than the neo-racism of the 白左 Wokesters of the Western world, complete with jackbooted thugs marching down streets, but in most other respects, the Chinese Communist Party has provided a master-class in how an ineffective Marxist socialist regime can quickly adopt the more effective and pragmatic outsourced fascist approach to planned socialist societies. A lot of people in the west look at China and rather like what they see.

When big businesses argue for higher taxes and more regulation, it takes wilful blindness to not see why they are saying these things. It is because it gives them a comparative advantage over less well capitalised up and coming rivals who lack huge compliance departments. Moreover, it strangles future would-be rivals at birth, making it too expensive to even try and get a business based on little more than a good idea off the ground. Just make sure the regulations and costs apply to everyone, no “fragmented rules” that leave gaps in which dangerous weeds might grow.

It is not a conspiracy, because not only is this completely out in the open, it is just a confluence of interests between people with monetary and political power, bureaucrats public and private looking to maintain their power and prestige.

Who cares about what these old white men think in modern, progressive Scotland?

“Writing in Scottish Legal News today, Quis? – a group of senior retired lawyers who have held high office in Scotland – express concerns over the Crown Office’s behaviour during the Salmond inquiry and call for reform to prevent prosecutors from overstepping their role.”

I would imagine Scottish Legal News is usually rather a staid journal, of interest only to legal professionals and legal journalists. Give ’em the clicks, this is important.

For instance, this is a sinister development:

Contempt of court orders protecting the identity of witnesses and victims of crime were once a relatively unusual feature of our legal landscape. No more. At last count there were more than 400 such orders currently in force in Scotland alone.

and so is this:

When did Crown Office, our state prosecutors, become our state censors?

When did Crown Office get the power to tell anybody to keep their correspondence secret?

Some might reasonably ask if what has been going on has remarkable similarities to English ‘super injunctions’, where you can’t even publicise the fact that the injunction exists, and some might also reasonably ask if this is quite simply ‘bullying’ tactics in order to achieve the Crown Office objective of removal of material which Crown Office asserts is necessary for protecting identities.

That would be a perfectly legitimate objective – if it was right. It will be borne in mind, however, that in a recent high-profile prosecution for such a breach, 50 per cent of the material alleged by the Crown to amount to contempt was found by the court not to be a breach of the court order.

The logic of absurdity

The authorities police their lockdown laws as if the virus was reliably woke and as reliably anti-Christian – as if PC protests had a mysterious immunity but a church service was sure to be a superspreader event.

In Canada, a Polish priest showed how to say ‘no’ to PC Karen and her colleagues (video) when they tried to halt an Easter service. When a London PC Karen did the same, the response was less forthright, but maybe the London Polish Christians will learn from their Canadian cousins’ example. Meanwhile, sympathisers advised the Londoners to celebrate Easter outside Batley Grammar School, since the police are loathe to obstruct religious gatherings there.

Interrupting a Polish church’s Easter Friday and Easter Sunday services in London (that appear to have been legitimate under current lockdown rules) while overlooking a “killthebill” protest in Bristol (that appears to have been as clearly in violation of them) allows an unfortunate interpretation: that PC Karens will bite the hand that feeds them and kiss the foot that kicks them; will bully those who defer to them and defer to those who bully them.

(For the benefit of non-UK readers, ‘the bill’ refers to a policing act before parliament. ‘The Bill’ – a.k.a ‘The Old Bill’ – is also a UK idiom for ‘the police’. The chosen hashtag of these protests could thus be seen as regrettable, as regards some of those involved, and unpleasantly appropriate as regards others.)

I think there are those in the police who do not like this message – but someone in authority in London thought it a great idea to invade an Easter service on the same weekend as the latest Bristol protest was being ‘light-touch’ policed.

If I’ve learnt one thing from my years of programming, it is that the computer does what you actually told it to do, not what you thought you were telling it to do. Humans are not computers – we often begin by hearing the propaganda, decoding the intent and doing that instead – but when the actual message is this obvious, it can cut through. If it cuts through to the extent of inspiring more churches to follow the example of the Canadian Polish priest, I’ll be a happy man. It could go beyond that.

Samizdata quote of the day

Yet there has never been a more pressing time to engage with these issues in the classroom. If I were a teacher of Religious Studies, I would find it difficult to justify ignoring the question of the perceived conflict between religious faith and free speech, or not to discuss the murders of Samuel Paty and the satirists of Charlie Hebdo. While there is nothing wrong with acknowledging the potential offence that depictions of the Prophet Mohammed might cause, it is not a sufficient reason to avoid the topic altogether. I am sure that many pupils are disturbed by the anti-Semitic Nazi propaganda cartoons that are routinely included in history textbooks, but they serve an important function in the learning process. We know very little about the context in which the images of Mohammed were shown at Batley Grammar, but it is implausible that the teacher’s motives were anything other than educational.

Andrew Doyle

Discussion point: restrictions on elderly drivers

“Over-70s facing driving curfew in licence shake-up”, reports the Times.

Before you pile in, the headline is misleading. What is being proposed is actually a relaxation of existing regulations:

Over-70s in poor health may be allowed to continue driving if they agree to fit a tracking device restricting them to daylight hours near their home.

That could be liberating. Or it could be a Trojan horse. First elderly people with health problems, then elderly people in general and sick people in general… what other groups might the government decide need to be tracked?

Licences expire when drivers turn 70, and those wanting to keep driving must inform the Driver and Vehicle Licensing Agency (DVLA) of medical conditions such as dementia, Parkinson’s, epilepsy, diabetes — if it is treated with insulin — and any condition that affects both eyes or the total loss of sight in one eye. Reviews follow every three years.

Under the proposals discussed at a meeting this month between the DVLA and Driving Mobility, the official network of driving assessment centres, the over-70s could be eligible for “graduated driving licences”. These would potentially restrict them to a radius of 20 or 30 miles from home and bar them from night driving. They would apply only to those who would otherwise face losing their licence because of ill health.

Edward Trewhella, chief executive of Driving Mobility, said: “A lot of older drivers stick within their own locality — they go to the shop, the doctor’s surgery, go and see a granddaughter down the road, probably on minor roads with which they are familiar. This process would regularise that, and make it legal for them to do so as long as they didn’t take a trip outside of an area or outside of a time restriction. That would mean that they were driving safely within their familiar environment.”

For many elderly people, especially those who live where public transport is poor, the ability to drive is the difference between an active, sociable, productive life and imprisonment until death.

And yet –

Patricia Colquhoun, 69, lost her son, Neil, 28, when Turner Waddell, 90, a one-eyed retired GP with dementia, drove a mile the wrong way down a dual carriageway. Colquhoun, who lives in Hampshire, said the current system, which relies on self-referral, is flawed. “Nobody likes to say they’re old. They all say, ‘There’s nothing wrong with me.’

The Streisand-Challenor effect

On the evening of the 22nd March, visitors to the main UK politics subreddit, /r/ukpolitics found a mysterious message saying that the subreddit, which has nearly 400,000 members, had been set to “private” by its own volunteer moderators.

It was the beginning of a cascade. The lights are going off all over Reddit! Subreddit after subreddit was set to private in sympathy with /r/ukpolitics. Most of them dealt with topics unrelated to politics. At its peak the wave of protest closures affected subreddits collectively having tens of millions of members all over the world.

To understand why this protest against Reddit by its own users gained such traction, we need to go back to the 8th of March when the Spectator published an article by its unlikeliest new writer, the radical left wing “gender critical” feminist Julie Bindel, called “The Green party’s woman problem”. It contained the lines,

The formidable feminist author and journalist Bea Campbell, a former Green party candidate, resigned from the party last year after being disciplined, in part for refusing to keep quiet about the shocking and disturbing Aimee Challenor case.

That brief reference to “the Aimee Challenor case” was to have dramatic consequences. A hyperlink on the word “case” linked in turn to this Independent article dated 13 January 2019:

Aimee Challenor: Green star failed to properly alert party of father’s child rape charges Independent investigation found transgender activist only alerted two colleagues in ‘informal’ Facebook message

Having parted ways with the Greens, Aimee Challenor joined the Liberal Democrats. Once again her association with the party ended as a result of child safeguarding issues related to someone with whom she lived. This time it was her fiancé Nathaniel Knight. He claims his twitter account was hacked.

A point to note: these events were widely reported. Given a prompt about a person who had left both the Greens and the Lib Dems under a cloud, anyone who follows UK political news would probably be able to dig up her name in half a dozen keystrokes.

Getting back to the main story, at about quarter to eleven on the morning of the 23rd, the ukpolitics subreddit reappeared. It now carried the following announcement:

→ Continue reading: The Streisand-Challenor effect

This is the cause to rally around now

I want to ‘build back better’. I don’t know what the world leaders and international organisations are calling for when they parrot this phrase. But after the pandemic, we need far more critical thinking, rationality and constitutional protections. As soon as our liberties are restored, we must make sure they can never be taken away again. That is the cause to rally around now.

Laura Dodsworth

Statists of the world unite!

Monbiot sounds like a cross between Chairman Mao and a 17th century Puritan, banning anything that doesn’t fit his world view. The really weird thing is that the authoritarian Left are making alliances with authoritarian Right. The above-mentioned covidfaq website is run by Sam Bowman who used to take his shilling from the right-leaning Adam Smith Institute, one of the many so-called “think tanks” out there. At this point it’s worth mentioning – in line with documentary maker Adam Curtis – that think tanks don’t actually do any thinking. They are in effect PR operations for ideologies. And were previously sworn enemies of the Masons and Monbiots of this world.

In a similar vein, Mason has called for Boris Johnson to silence (or at least mock) the dissidents. He tweeted: “I don’t just want Johnson to say “Stay home, save lives” etc. I want him to call out and ridicule the bull**** anti-maskers, lockdown skeptics and denialists in his own party – and order social media platforms to suppress/label Covid disinformation. That’s leadership.”

No Paul, that’s tyranny. As I said, it’s sad to see a formerly radical thinker abjectly submitting to authority in this way. And we’re perhaps lucky that, for all his faults, Boris is not actually a tyrant; at least, not yet. The problem for the Left is that it’s been the contrarian Tories like Toby Young and James Delingpole who have led the questioning of government policy on lockdowns. So, almost instinctively, people like Mason recoil against lockdown scepticism simply because Young, Delingpole and their shock-jock ilk are lockdown sceptics.

Tom Hodgkinson

Hodgkinson is a left-statist with a tenuous grip on economic reality and an equally poor grasp of the inevitable civil liberties implications of his world view. Nevertheless, as many on my side of the fence have long known, one should never just read people you always agree with. We are far more likely to have read Communist Manifesto, Capital, Mao’s Little Red Book, Revolt against the Modern World etc. than the other side is to have read Fatal Conceit, Human Action or Wealth of Nations.

The linked article makes many good points, and he is certainly on-the-money about Sam Bowman, who was always an authoritarian; I think the ASI is well shot of him. In a similar vein, I need to also write an article about the not unrelated reason I also stopped giving a token monthly pittance to the Institute of Economic Affairs. These days I give substantially more to Lockdown Sceptics than I ever did to the IEA.

But I think the “touchingly naïve disappointment” also applies to Hodgkinson, who failed to see long ago that George Monbiot and Paul Mason were always up the Orwellian INGSOC end of the political spectrum. In many ways Monbiot and Mason are just more consistently applying the ideology they share with Hodgkinson.

But hey, if Hodgkinson and his ilk are starting to see the light, the war we are well and truly in today is such I for one care little who is in the trench next to me, just so long as they are pointing their weapon of choice at the enemies we share. A great many things are realigning on oh so many levels.

Samizdata quote of the day

The Scottish Crown Office subsequently wrote to us on March 5th demanding we remove the article. Guido decided to ignore it as it seemed unlikely to prejudice matters or reveal witnesses. The Spectator has taken the same approach to the same letter.

Guido Fawkes