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]

The logic of prohibition

A crackle of buzzwords in the braes. The Scottish government has “bold proposals to deal with the issue” of the “impact on crime and anti-social behaviour” of people drinking alcohol, which is reputedly “often cheaper than water” in some Scottish supermarkets. Where that leaves the stereotype of Scots as careful with money, I don’t know. Why would they buy water from supermarkets rather than getting it near-free from a tap? Perhaps they are all drunk.

To solve the problem of cheap and plentiful products and consumers willing to consume them, it is proposed to institute minimum prices – with the enthusiastic support of specialist retailers, from whom the “cheaper than water” claim comes – and to raise the minimum age for buying alcohol to 21 in Scotland. The evidence that this will do anything to mitigate the alleged problems is, of course, lacking.

Also in the absence of evidence, I have a prediction about the effect on crime of minimum prices and reduced availability for alcohol. Crime will go up. Not only will new criminal offences have been created, but since many will find it more difficult to get booze, some of them will steal it.

Interesting, very interesting

Reported in the Observer

Bob Marshall-Andrews yesterday defied the Prime Minister to sack him, adding that he hoped other Labour MPs would join the former shadow home secretary’s one-man crusade for civil liberties.

‘They can’t muzzle the whole of the party, and it seems to me foolish in the extreme in the present climate to start describing civil liberties as a stunt,’ he told The Observer. ‘I have had emails asking, “Why does it take a Tory to say this”?’

Tory MP resigns his seat to protest erosion of civil liberties

David Davis, the Tory shadow Home Secretary, has resigned over the issue of detaining terror suspects for up to 42 days. He is going to resign his seat as an MP, hold a by-election, in the hope that he can win and create a storm of public rage over this issue.

It is certainly a bold move, and a commendable one. I am glad that at least some Tory MPs have got some backbone. As a former Territorial SAS member, Davis has more guts than most.

Update: I see that parts of the right-leaning press are trying to sell the narrative that Davis is a nutcase, trying to create cover for himself in the offchance that David Cameron, Tory leader, hits any future problems. Well, I guess that is possible. Make no mistake, how the Tory party reacts to Davis’ stance will tell us quite a lot about how genuine their commitment to civil liberties, to overthrowing ID cards, etc, really is. I cannot help but believe that David Davis, a very different animal from Cameron, has probably had a very major row with his centrist boss, who I confidently predict will not repeal most of the measures this present government has passed.

Samizdata quote of the day

Now the counter terrorism bill will in all probability be rejected by the House of Lords very firmly. After all, what should they be there for if not to defend Magna Carta.

But because the impetus behind this is essentially political – not security – the government will be tempted to use the Parliament Act to over-rule the Lords. It has no democratic mandate to do this since 42 days was not in its manifesto.

Its legal basis is uncertain to say the least. But purely for political reasons, this government’s going to do that. And because the generic security arguments relied on will never go away – technology, development and complexity and so on, we’ll next see 56 days, 70 days, 90 days.

But in truth, 42 days is just one – perhaps the most salient example – of the insidious, surreptitious and relentless erosion of fundamental British freedoms.

And we will have shortly, the most intrusive identity card system in the world.

A CCTV camera for every 14 citizens, a DNA database bigger than any dictatorship has, with 1000s of innocent children and a million innocent citizens on it.

We have witnessed an assault on jury trials – that bulwark against bad law and its arbitrary use by the state. Short cuts with our justice system that make our system neither firm not fair.

And the creation of a database state opening up our private lives to the prying eyes of official snoopers and exposing our personal data to careless civil servants and criminal hackers.

The state has security powers to clamp down on peaceful protest and so-called hate laws that stifle legitimate debate – while those who incite violence get off scot-free.

This cannot go on, it must be stopped. And for that reason, I feel that today it’s incumbent on me to take a stand.

I will be resigning my membership of the House and I intend to force a by-election in Haltemprice and Howden.

– David Davis MP

Quite unprecedented. An MP – and a privy counsellor – quitting in order to draw attention to loss of liberty (and he used my phrase, “the database state”. A meme whose time has come, I hope).

Update: now the official text rather than Sky’s slightly mangled transcript.

They did bury us and we just did not notice

One begins to wonder if Krushchev was right in 1959 when he said “We will bury you”. We just thought he meant economically rather than socially. I am beginning to wonder how many differences between the current Russian and American governments will be left if we have a few more years of an executive branch which ignores the Constitution. According to this article in World News Daily we are now going to have a biometric database on anyone that anyone in the adminstration does not like and it will have no oversight or means of challenge whatever:

Although the directives run over 1,700 words in length, Congress is not mentioned once, nor is there any specification of how the coordinated “framework” will be disclosed to the public.

and:

The directives also do not specify any procedures for citizens to challenge their inclusion in the biometric database or any resulting consequences, such as restricted travel or additional government surveillance.

I am certainly not anti-defense minded but I would humbly suggest that no CITIZEN should have such information kept on them and if a non-citizen becomes a citizen all such information should be destroyed forthwith and severe legal penalties should exist for violations.

I fully expect this will be as effective and as competently kept a database as the no fly list, which is to say real terrorists will walk through and free and sovereign Americans will get the treatment by some jerk with a rubber glove.

Magnanimity

Robert Man from the European Commission speaking on this morning’s Farming Today:

There is a case for allowing supermarkets to sell mis-shapen fruit and veg, provided it has a label such as “suitable for cooking” on it.

He was talking about proposals for simplifying EU produce classification regulations.

In the interests of the poor chap keeping his job, I feel I should emphasise it was a very relaxed, friendly interview, and that this latitudinarian idea was clearly being examined hypothetically as a way of reducing waste, and no impression was given that it formed part of current Commission plans. Nor did Mr Man imply that the ‘simplification’ proposals are completely settled. The Commission proposes, but member states dispose; and Mr Man was careful to point out that not all member states are yet convinced by the bold libertarianism inherent in simplification.

So for the moment you should be reassured that the full EC Marketing standards continue to apply to: Apples, Apricots, Avocados, Cherries, Grapes, Kiwifruit, Lemons, Mandarins (and similar hybrids), Melons, Oranges, Peaches and Nectarines, Pears, Plums, Strawberries, Water Melons, Artichokes, Asparagus, Beans (other than shelling beans), Brussels sprouts [of course!], Cabbage, Carrots, Cauliflowers, Celery, Courgettes, Cultivated mushrooms, Garlic, Leeks, Onions, Peas, Spinach, Salads, Aubergines, Chicory, Cucumber, Lettuce endives and batavia, Sweet peppers, Tomatoes, Hazelnuts in shell, Walnuts in shell, Flowering bulbs, corms and tubers, Cut flowers and foliage.

Though I know us Samizdatatistas are apt to be rude about regulators, I think it is important to recognise the merits of these noble public servants occasionally. Younger and foreign readers will not appreciate how much suffering the EC Marketing standards have saved. British television viewers no longer face peak-time magazine shows featuring vegetables with an amusing resemblance to genitalia.

Canada is no longer a free country.

The ruling can be found here.

Via Ezra Levant. Mr Levant’s name, his own persecution, and that of Mark Steyn are both almost certainly familiar to Samizdata readers and probably familiar to an increasing number in the English speaking world. For that reason they may fare better in their own struggles with the witchfinders than those less widely liked.

A little test

Over at ConservativeHome there’s a survey suggesting the social conservatives are doing the Guardian’s work for it by trying to make one’s position on abortion a party-political issue in Britain. The next generation of Conservative MPs support a lower time limit for abortions says an email questionnaire to 225 candidates, answered by just under half. I’m as irritated by this sort of spinning of some very doubtful evidence as I am by the contrary stuff – to the same effect – from the Guardian, which has recently started to suggest (as a measure of its desperation) that no-one who favours abortion choice should vote Conservative.

What really winds me up, though, is the mendacious presentation of their position by the proponents of this staged debate. The legal position of abortion in Britain is the sort of muddy compromise people with a clear ideas about the question are quite right to resent. But the approach of many abortion-banners (as they actually are) is anything but frank, and reminiscent of the step-by-step strategy of the anti-smoking lobby. For every principled (usually religiously principled) pro-lifer, there is someone who secretly shares their conviction, but makes the case for just a little cut in the time-limit now “because science tells us that babies of that age can now survive outside the womb”.

It’s nonsense. Without a lot of help a two-year-old can’t survive outside the womb. And the prospect of those few born at the limit of current paediatric technology surviving uncrippled to live a normal life is tiny even with a massive input of medical and nursing resources. But worse, it is mendacious nonsense – they don’t care about “viability” in the slightest. What they want is a plausible excuse to cut the availability of abortion just a bit.

So I have a test to flush them out. It is provided by that ghastly muddy compromise. Britain doesn’t in law permit women to choose abortion, unlike most rich countries. It is an extraordinary construct of bureaucratic paternalism.

What British (mainland) law does is to permit pregnant women to petition doctors to give them permission to abort on the grounds that it will be bad for their well-being to carry the baby to term. With two doctors assenting to this opinion in writing (that is, as the doctors’ professional opinion – the woman’s view doesn’t matter in law), you may have an abortion. Where the ‘time-limit’ comes in is that those two doctors can only approve an abortion to preserving the patient’s social or mental well-being before a certain point. After that terminations may only occur where there is a substantial risk to life or health, or in cases of severe foetal abnormality.

So in practice, in the UK you have a choice only if you approach the right doctor armed with the right argument. A naive or poorly educated, woman who seeks help from her GP when the GP happens to oppose abortion, or who mistakenly calls a pro-life charity canvassing itself as offering help to the unexpectedly pregnant (as opposed to one of the pro-choice groups who do the same thing) may never find out how to get an abortion, or at least not until it is too late. The late abortions themselves aren’t occuring as a lifestyle choice – which is another mendacious narrative element in the pseudo-debate.

My test is this: Next time anyone says they want the time-limit for abortion cut to because “science shows” the baby can survive outside the womb after X weeks. Say, “And of course you support changing the law to allow abortion on demand before that date, don’t you?” Then watch them flounder.

Banning booze on the Tube

Here is a long and quite good article at the Wall Street Journal about the recent ban on consumption of alcohol on London’s underground metro system. The ban is one of the first measures of the new London mayor, Boris Johnson. On Saturday, with the clock ticking away before the ban came into force from 1 June, large numbers of young people – they seemed to be mostly a bunch of young students – were openly drinking, some playing lots of music, and generally whooping it up on the Tube. Yours truly and Mrs P. forgot all about the ban and so we got a bit of a shock when, on the Circle line, our cabin was full of these raucous, and already extremely drunk, folk. They seemed pretty good natured although I was already betting that the end would end in arrests. It did. Walking by High Street Kensington Tube station later on, I could hear the PA system blare out the message that the station was being closed. In the end, 17 people were arrested for crimes including assault.

I guess this proves Boris’s point for him. Some liberal-minded folk might claim that his ban on drinking on the Tube is nanny statism, not what one would expect from the fun-loving newspaper columnist, former MP and bon viveur. Mind you, defending the right of people to drink and get slammed on the Tube late at night is not the sort of freedom I am particularly inclined to go over the top for. It is not an obvious assault on private property rights as was, say, the banning of smoking in pubs and restaurants. The Tube, after all, receives tax funds and is not a completely private entity. If it were, then the owners could of course decide the matter. They might even ban it anyway to protect the bulk of people who find it possible to travel from A to B without holding a can of beer.

Whether the ban can be properly enforced or not is another matter. I expect a raging trade in small, easy-to-conceal hipflasks.

Freedom of speech? How about freedom to read?

In some countries an interest in ideas, and history, even quite recent history, can get you arbitrarily arrested. It can happen even if you are an academic whose research is being paid for by the government of the country.

On Tuesday they [the police] read me a statement confirming it was an illegal document which shouldn’t be used for research purposes. To this day no one has ever clarified that point. They released me. I was shaking violently, I fell against the wall, then on the floor and I just cried.

What sort of place has ‘illegal documents’? And how would you get one? In this case the document obtained by the masters student in question was published by the US government, and simply downloaded from an official website.

– China? Russia?

In the country concerned, the term ‘illegal document’ does not actually appear in any legislation. It is not, in theory, illegal merely to possess any document there – except for some unusually broad and harsh laws about indecent images. What sort of place is it that the police make up the law as they go along, and threaten academics for having the intention to read about the subject they are studying?

– Saudi Arabia? Egypt? → Continue reading: Freedom of speech? How about freedom to read?

Scientology is nuts and we should be able to say so

Everyone has things that they would destroy them if they were publicised. I once orchestrated a coup in a small African country from a base in an extinct volcano with the aid of a lot of fit-birds in 1960’s specs and very short lab coats, holding clipboards for no apparent reason, whilst I stroked my Persian cat. That should never be revealed. Oh, bugger! Like all Bond villians I give it away towards the end.

I love that. Readers will recognise the inimitable prose style of regular Samizdata commenter NickM, who now writes regularly at this place. This is taken from an excellent attack on the idiotic efforts of UK police to prevent people from criticising Scientology. It shows how respect for freedom of speech – which must, by definition, include the right to offend and upset – is now under serious assault in this country.

Any attempt to censor criticism of belief systems is an outrage. So long as the critics do not try to violate the lives and property of the people they are criticisng, the law should stay well out of it.

Read the whole of Nick’s piece.

Gordon Ramsay: just another authoritarian thug

Gordon Ramsay, the ‘outspoken’ celeb chief wants the state to outlaw out-of-season vegetables. I kid you not. That the man is an arrogant little shit has always been apparent from his TV shows but this sort of national socialist volkish crap really does mark him as truly authoritarian.

The TV chef said it was “fundamentally important” for chefs to provide locally-sourced food. “Fruit and veg should be seasonal,” he said. “Chefs should be fined if they haven’t got ingredients in season on their menu. I don’t want to see asparagus on in the middle of December. I don’t want to see strawberries from Kenya in the middle of March. I want to see it home grown.”

The ‘I am’ does not want to see something and so thinks his views should be the force backed law of the land: the psychopathology of the expert that we so often see coming from doctors is at work again. The great unwashed must be forced to follow expert opinion, which means their opinion, naturally.

I like the idea of third world farmers pulling themselves out of poverty and selling me their products whenever I want to buy them and why should a loud mouthed self important chief and a bunch of fascistic green activists get to have a say in that? Their craving to impose their will on others should stop being socially acceptable and they need to be called authoritarian thugs to their faces.