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I feel sure that early man would not have embarked on the road to civilisation if he had thought that, one day, humankind would arrive at a point where one man has the right to determine how much beer another man may take into a field in the middle of the night. – Jeremy Clarkson, on the over-policing of midsummer at Stonehenge. June 28th, 2009 | 91 comments - (Comments are closed)
 The Times, assisted by Mr Justice Eady, who seems to preside over the whole mess that stands in the place of proper privacy law in England, has unmasked the police blogger NightJack. NightJack had just won the Orwell Prize for his blog. I am guessing that drew it to the attention of higher authority, and such articulate dissent must be punished. It took just six weeks, including a court-case, to reveal his identity. The blog has now been deleted, and the DC formerly known as NightJack has been disciplined in some unspecified way. Apparently it is in the public interest to maintain a disciplinary code under which police officers are not permitted to express their opinions. That is what Sir David Eady implied, obiter, in giving his judgement. But deleting from public knowledge what has once been on the web is difficult. Here is a celebrated sample, NightJack’s advice to the arrested, which Samizdata readers may find both useful and enlightening (there is a situational irony in the sideswipe at those who have learned how to use the forces of law and order to score points and extract revenge):
June 17th, 2009 | 18 comments - (Comments are closed)
Whereas I thought readers of this blog would be interested, given we have previously discussed the creeping nationalisation of charities and other voluntary organisations by Britain’s Borg-state. For foreign readers I hope it throws light on an icy subtle totalitarianism. What makes this doubly creepy is that it is a legal policy seminar. That hints at further powers perhaps to coerce the ‘third sector’, as well as to co-opt and to corrupt it. Though the new Companies Act 2006 constrains the independence of action of commercial firms and non-profits in unclear ways, it is yet a shadow in the corner. So if you are a voluntary organisation but not a charity, don’t spend money on party politics, and don’t accept government or local authority or quango or bound-charity money, then you are currently still beyond state control and not obliged to provide a ‘public benefit’.
June 12th, 2009 | 15 comments - (Comments are closed)
To quote David Davis MP, three months ago, “How will we know we are living in a police state?” Is it when the police conduct a systematic campaign of false arrests in order to gather information on people who might commit a crime? Is it when they do that, and public reaction is no more than a shrug? A couple of days ago, The Daily Telegraph reported discoveries made by my local Liberal Democrat PPC, excellently living up to the first bit of her party’s vaguely oxymoronic name:
Acting “on intelligence”, that is, hearsay, unsubstantiated allegations, and prejudice, when they know they have no evidence let alone reasonable suspicion of any actual crime — for intelligence is not evidence, it is a substitute for evidence in its absence — the Metropolitan Police are making unlawful arrests, in order to take samples (fingerprints and DNA), that it is deemed by the human rights court to be improper for them to hold in any case. And that fact has not caused public outrage. It has yet to reach any broadcast news service, as far as I am aware. A quiescent, compliant public and a quiescent, compliant media, are the handmaidens of a police state. June 7th, 2009 | 23 comments - (Comments are closed)
The left should be sensitive to inequality, the left should never accept liberty on a playing field that is unequal. – Conor Gearty. Quoted in this account of a debate on liberty at the Hay Festival by Afua Hirsch (do I detect an elegant lefty lawyer’s eyebrow raised in, “There was no competition for this position…”?). Every time I hear Prof Gearty or another human rightist of his water argue for a policy with which I agree (banning torture, say, or permitting freedom of expression), I have to remind myself that they are proceeding from an entirely different foundation. The position is coherent, but coherently alien. —- June 2nd, 2009 | 10 comments - (Comments are closed)
Whatever else he can be called, I do not think that Mr Obama can be called a liberal. I was having a good chat with fellow blogger Paul Marks last night and he made this point. And as if by coincidence, via Instapundit, comes this story:
Brilliant idea (sarcasm alert). How will fingerprinting people make illegal immigration more difficult? Surely, if supposedly unwanted folk are leaving a country, they are doing that country a favour, so why make it more irksome for them to move away by fingerprinting them or by insisting on other evidence, details or whatnot? I guess greater minds than mine have an answer. As Thaddus Tremayne noted on this blog not so long ago, our own marvellously-run administration is pondering the idea of getting all travellers from the UK to divulge their travel and accomodation plans, reasons for trips, etc. (So I guess eloping couples will have a lot of explaining to do). As he also noted, the day may not be far off when exit visas, of the sort that used to be applied in the Communist East, make a comeback. So if you want to get the hell out of the UK before it crashes into bankruptcy, rising inflation and tax, then it is probably smart to do so in the next few years, regardless of the outcome of the next General Election. Paranoid? Well, who would have thought that the very notion of detailed information requests from travellers would have been mooted a few years ago. The ratchet effect keeps going. And by the way, for those who sneered at Dale Amon’s enthusiasm for spacefaring the other day, it is stories like this that explain why “exit” strategies such as spacefaring and sea-steading are gaining some interest from libertarians. It may sound utopian, but the general idea of “getting out” has never been more popular. And that is why I keep banging on about the attempted assaults on so-called tax havens. They are an attack on the very notion that places of refuge from governments should exist, for rich or poor alike. May 29th, 2009 | 34 comments - (Comments are closed)
Articles like this help even an intolerant short tempered swine like me forgive the Ludwig von Mises Institute for some of its people’s a priori history and America-and-Britain-are-always-wrong view of war. May 9th, 2009 | 11 comments - (Comments are closed)
I put this up as a Samizdata quote of the day, before realising that there already was one. Sorry. But, it’s good and deserves plentiful copying and pasting, so here is that posting rehashed, with the quote in question as its starting point:
That is the Court of Appeal struggling to make sense of the Criminal Justice Act 2003. Found here by him (who has recently resolved to blog approximately every day and whom I recommend) via a comment on this, which is about, among other foolishnesses, the recent fashion among Them for stopping us taking photos of Them. My dad was a Big Cheese lawyer, and I can remember him telling me stuff like this several decades ago. I vaguely recall him saying that until about nineteen sixty something or thenabouts, there was this bloke who lived in a den in Whitehall and who spent his time rewriting laws so that (a) they didn’t contradict themselves, and (b) they didn’t contradict each other, but (c) so far as he could contrive it, they managed to maintain the original will of the legislators, insofar as he could divine it. If he could not divine it, he made it up, as intelligently as he could. But then, catastrophe. He retired. Ever since then, the laws have got more and more incoherent and incomprehensible. And of course now, you would need about a hundred of such non-existent paragons of legal non-incontinence just to keep up. As Rob, the above mentioned blogger quotes another commenter saying:
In practice, I think I notice that, recently (i.e. during the time since that old bloke my dad talked about retired), They have evolved a relatively sensible way of enforcing Their laws (senseless though the laws themselves frequently are), which is based on distinguishing between real laws and arbitrary laws. The real ones, against things like murder, assault, robbery and so on, still get you arrested at once, provided They catch you at it. But the vast mountain range of arbitrary laws and rules and regulations, often in the form of policy directives from On High about what various Acts of Parliament actually mean (given that as originally written they are quite often gibberish) according to On High, are enforced by you first being given a warning. You may not park on that purple line. You must have a permit to hand out leaflets here. You can’t wear that hat or that suntan lotion or eat that sticky bun or drink that drink in that sized glass or call that an artichoke. You are obliged to fill in this form. You must send it to us (i.e. Them) within one month. Etcetera, etcetera, et something angry cetera. Which means that, in practice, ignorance of the law has become the obviously reasonable defence that it obviously now is, with regard to almost all recently concocted laws. If They were to insist otherwise, They would get repeatedly involved in huge fights with people who don’t want to break the law, but who don’t know what it is. I.e. with everybody. I now live my life certain that I am constantly breaking laws of this or that recently invented sort, and as far as I am concerned it is up to Them to tell me about which laws actually matter to Them. I will then, if I think that Their particular commands or demands make some sense, or if They are sufficiently menacing about them, obey them. Or, I will carry on breaking whatever idiot law it is or that They have just made up without troubling Parliament with the petty details, but a bit more carefully. I still take photos of policemen, for instance. I am just a bit more careful about letting them know I’m doing it, and am careful while doing it not to Look At Them In A Funny Way. Decade after decade, to mention another example, I have failed to register to vote. Occasionally I read somewhere or see something telling me that this is illegal. Is it? I don’t know and I don’t care. Nobody menacing actually tells me that I must register and threatens me with actual trouble if I don’t. So from where I stand, the mere law of the matter can go jump into the Serpentine. If They want me to be more respectful of “the law” (which is how They typically now describe Their laws), They should reduce the number of – and reduce the incoherence and arbitrariness of – Their laws, to the point where the laws that remain mostly make sense. April 30th, 2009 | 24 comments - (Comments are closed)
One of my hobbies in recent years has been photoing tourists in London as they indulge in photography. And, given the harassment I am starting to get from uniformed persons as I wander about London snapping whatever I feel like snapping, I have for quite a while now been wondering how long it would be before I ran into a news story about the police harassing foreign tourists for taking photos and hence undermining London’s reputation as a nice place to visit. The wait is over:
You know how really shitty governments don’t care what their own citizens say about them, but can sometimes be slightly shamed by what the foreigners say? Well, I tried googling “Klaus Matka”, and got to a number of foreign versions of the same story, so this harassment is already being somewhat noticed elsewhere. The forbidding of photos of London’s famed double decker buses (“bus rossi a due piani”) is being particularly talked about. I hope this story goes right round the world, carrying with it the message of just what ghastly people now rule us. I wonder what London Mayor Boris Johnson thinks about this. April 18th, 2009 | 28 comments - (Comments are closed)
Mr Obama’s administration has released documents about details of “harsh interrogation techniques” that were used, or considered acceptable to be used, to deal with suspected terrorists. What is interesting is that Mr Obama does not intend to prosecute those responsible. I guess the difficulty here is that Mr Obama does not want to be drawn into moves to prosecute and go after senior officials in the previous Bush administration. But if there are to be no legal consequences – assuming that the use of such powers is clearly illegal as well as wicked – then it is hard to see what can be gained by all this non-action by Mr Obama. If there is insufficient evidence to launch a prosecution of those who sanctioned its use, then they are entitled to have that fact known, since a stain will attach to their name otherwise. On the other hand, if there was authorisation of torture, then the fact of there being no prosecutions will send out a message that such behaviour will not be punished and can happen again. Is that what “hope and change” meant? Torture, and its use, is one of those “canary in the mineshaft” issues for me; it shows a government has no respect for law. Any attempts to try and domesticate it and limit it under strict guidelines are likely to fail. As we are finding here at home in the UK, if you give governments powers, then they will use them, sooner or later, against innocent people. As a side-note, I would add that while some of the venom directed at the Bush administration was partisan grandstanding, there is no doubt that part of it was driven by a real worry about where the US and other Western governments were headed. It is not remotely comforting that Mr Obama has taken the course he has. We cannot be confident that torture is off-limits under his administration, and nor should we be. It is not as if he has, for instance, abolished indefinite detention of terror suspects, despite the much-touted plan to shut down Gitmo. Some earlier thoughts by me on this issue. April 17th, 2009 | 97 comments - (Comments are closed)
A comment on this posting made me think that our US/non-UK readers value this blog’s coverage of the whole business of the scandals now hammering the UK government on a daily basis. As Iain Dale, the political blogger, said the other day, we are entering a period not unlike the fag-end of Richard Nixon’s time in power, with Gordon Brown playing the Nixon role, and his various acolytes, toadies and henchmen in the various roles of shit-stirrers and frighteners. Another day, another twist. A few months ago, a Conservative MP, Damian Green, was arrested by anti-terrorism officers after he had received material, concerning illegal immigration, that was leaked to him by a civil servant. Some of the material claims that illegal immigrants have managed to get jobs that bring them close to the very heart of government. Whatever you think about immigration – I am a defender of free migration BTW – this is a legitimate issue for a politician to make a fuss over. Yesterday, a committee of MPs concluded that the use of such anti-terrorism powers was grossly excessive. You don’t say. Of course, not all aspects of Mr Green’s behaviour, or indeed that of the civil servant, are above reproach. But given that journalists, MPs and other potential “whistle-blowers” on public problems cannot do their job unless leaks occur, it does seem rather rich for a Labour-led government to operate in this way. But they just love their anti-terrorism powers, do they not? Just ask the government of Iceland. I must admit that in recent days I have tried to post stories that take one out of the Westminster Village, not simply because I wonder whether this is a bore, but because reading constantly about the doings of Gordon Brown and his circle makes me want to take a shower to feel clean and human again. Update: Damian Green will not be prosecuted. It should never have come to this. The position of the Speaker of the House of Commons, a product of the Labour thugocracy from Scotland, is untenable. Further thoughts on the vileness of the government from Fraser Nelson in The Spectator, which also has a picture of Guido Fawkes on the front cover. Question to Paul Staines: when do we get the movie? April 16th, 2009 | 3 comments - (Comments are closed)
Is this just a bad video at Fox News or do any of you have problems with it as well? About 4 or 5 seconds into it after the commercial it freezes on me. I have been seeing this fairly often lately and usually on things I most want to see! It looks like it might be interesting if I could only watch it here in the UK. April 14th, 2009 | 11 comments - (Comments are closed)
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