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Samizdata quote of the day

“The irony of Europhiles is that they replace one form of nationalism with another: “country first”, is out, but “Europe first” is in.”

Nathan Pinkoski. He analyses a recent speech by French president Emmanuel Macron that deserves far more scrutiny than it is getting.

The EU just destroyed the internet…

For your information…

The European Union has passed Articles 11 and 13 of the Copyright Directive. How can this be reversed?

The European Parliament has voted in favour of Article 13, reports Wired:

European politicians have voted to pass Article 13 and Article 11 as part of sweeping changes to regulation around online copyright. The European Parliament passed the legislation by 348 votes to 274.

As Guido put it, “348 MEPs you’ve never heard of overruled 278 MEPs you’ve also probably never heard of. So much for all that democratic accountability Remainers like to go on about…”

Previous relevant posts:

Anyone know how the new EU internet censorship & link tax law will affect the UK? June 13 2018

Two days before the EU (probably) votes to end the free internet. Should we care? June 20 2018

EU votes yes to copyright reform, also June 20 2018

Those MEPs, eh? September 14 2018

And just to show that Samizdata has been warning of this for a long time (hey, at least Cassandra had the satisfaction of being right), here is a post from 2002: The European Copyright Directive.

If I have missed any posts that should be in that list, let me know.

So how does one repeal a bad EU law? As the politicians say, I am glad you asked me that. Let me direct you to yet another past post in which a denizen of Reddit Europe called Ask_Me_Who explains:

MEP’s can not create, amend, or reject proposals. They can act as a method of slowing them, requesting changes or rethinks of proposed policies, but if the other (unelected) parts of the EU want to force through a proposal they can just keep pushing it until it gets through in the knowledge that elected MEP’s will not have the power to propose future updates, changes, or abolition of legislation.

The European Commission only has to win once and it can never be repealed without the European Commission wishing it so.

Noooooooo!

Gender pay gap expert among top professors quitting Brexit Britain

Leading academics in climate policy and economics have also had enough of hostility – and funding goes with them.

(I mentioned it once, but I think I got away with it all right.)

Calm down, dear

I had planned a day of rest with perhaps a little light blogging about kittens. You’re all probably sick of me going on about Brexit. I’m sick of me going on about Brexit. But the latest article from our old friend Baron Heseltine, Companion of Honour, Member of the Privy Council and Lord of the Jungle, is something you need to hear.

But it is in the next phase of negotiations that the details of the UK’s future relationship with the EU will be fleshed out. Depending on what happens in those negotiations, either we will see virtually no change to our current status – in which case, what is the point of leaving? Or, as is much more likely, the Brexiteers will demand significant changes to reflect their own views – views that will appal and frighten much of the electorate when they realise the enormity of what is being done. In essence, Brexiteers want to dismantle much of what we regard as the underpinning of civilised life in the modern world.

He is but the latest prophet to issue this warning. The prophet Tusk spoke thus before the referendum, but the people heeded him not.

What should we be doing while they make art?

Let’s be honest, the huge size of the People’s Vote demonstration and the huge number of signatories on the petition to revoke Article 50 are both very impressive. They show that millions of people want very strongly to remain in the European Union.

But of course they will have very little effect on whether Brexit actually happens or not. Don’t mistake me, I am seriously afraid that it will not happen – which will send a signal to every supporter of every cause, whether related to Brexit or not, that trying to gain their objectives by democratic means is pointless. However the million marchers and four million signers are not the reason for my fear. They are not doing anything significant to stop Brexit. They are performing for each other. We should rejoice that they thus distract each other from actions that might have more effect.

Why do I think these great manifestations of opposition to Brexit do so little to stop it? Because the people who can stop Brexit know that the marchers and signers can do and will do nothing for them. Those people are MPs, mostly but not entirely Conservative MPs.

Not one Conservative MP stands in danger of losing their seat because four million people who would never vote Tory anyway sign a petition. Quite a few Labour MPs do stand in danger of losing their seat because it is beginning to dawn on habitual Labour voters who voted for Leave in the referendum, who disproportionately live in marginal seats, that their victory in the referendum might be stolen from them. John McDonnell can work this out, and he can tell Jeremy Corbyn. This is why both of them were conspicuously absent from the People’s Vote march. Meanwhile I do find something ironic in all these “Revoke Article 50” petition-signers thinking that the government should do something just because a lot of people have said that they want it.

I said on the 18th that No Deal would be the best option for Theresa May. I am no longer sure that May will be in power long enough to get to choose her best option, but the same calculation applies to her successor as Conservative leader and (possibly interim) Prime Minister. As I said in that post, the most committed supporters of the Conservative party are exactly the group who want Brexit most. Their anger is to be feared by the people with whom power to stop Brexit rests. It is scant reassurance to worried Tory MPs to say that Tory Brexiteers are scarcely likely to vote for Corbyn the extreme left-winger or for the Europhile Liberal Democrats or Independent Group. In fact Tory Brexiteers don’t even have to vote for UKIP or Nigel Farage’s new Brexit party in order to punish Conservative MPs for failing to honour the referendum result. All they have to do is slack off. The Conservative party is desperately short of active members, particularly young active members who are physically capable of going house to house delivering leaflets and talking to potential voters.

Which brings me to the question I asked as the title of this post. I have thought of one suggestion for something Conservative Leavers can do to secure Brexit: tell your MPs and your local Party chairmen and chairwomen that the Tories had one job, as the meme goes, and if they cannot bring themselves to do that then you cannot bring yourself to pound the streets on the Party’s behalf in the coming General Election.

Note the mildness of this threat. That, I believe, is what makes it effective. It is literally no effort for you to carry it out. It is less effort than not carrying it out.

I know that many local Conservative Associations have been working to deselect overly pro-Remain MPs. I think it is too late for that strategy. Brexit does not need more formerly-Conservative Independent Group MPs, it needs scared Conservative MPs.

There is my suggestion. But it only applies to members of the Conservative party, which I’m not. I honestly wish I had joined months ago so I could credibly make this threat now.

I throw the question out to you, dear readers. During WWII Churchill used to write “Action this day” in his own hand on documents. What action can we take today that will make betrayal of the referendum result less likely? I do not exclude performative art of our own, such as this petition to honour the referendum result, but in the end such things do not apply any new incentives to those who have power. What would? What should we be doing?

Lord Heseltine forgets to mention a detail

Lord Heseltine, writing in the Telegraph today, explains “Why I am joining the People’s Vote march on Saturday”.

Of course I argued from the beginning that we were better off in the EU than out of it. Better off resolving our differences from within the European family than as an isolated onlooker chipping in from the side-lines.

It is indeed the case that Mr Heseltine has used that line of argument before. Perhaps the passage of seventeen years has dimmed his memory of the exact context in which he did it. But the internet remembers:

Tony Blair came under growing pressure last night to declare that Britain is to join the European single currency as the clock ticked towards tonight’s historic launch of the new money.

The increasing impatience of pro-euro campaigners at No 10’s fence sitting exploded as Lord Heseltine, the former Tory deputy prime minister, joined Liberal Democrat leader Charles Kennedy and the head of Labour’s MEPs, Simon Murphy, to urge the prime minister to take a lead and call an early referendum.

Lord Heseltine effectively accused Mr Blair of a lack of nerve as he dismissed the government’s five economic tests as a “protective barrier” behind which it could “cower in order to have apparently intellectually defensible reasons for putting things off”.

the Guardian, 31 December 2001

Mr Frisby and the rats of IN

Guido gleefully points out that this song by Dominic Frisby is currently the second best selling album on Amazon music. Presumably he just means UK Amazon, but that is quite an achievement. I am getting automatically generated adverts for it. Yours for a quid! However please note before you serenade the street with your new purchase that it is a tad sweary. Honestly, there’s about seventeen million F*** O**s in it.

It will not be news to regular readers of Samizdata that Mr Frisby is both a respected financial writer and an entertainer so good that he can make it despite being an open libertarian. Brian Micklethwait (repeatedly), Johnathan Pearce, Patrick Crozier and Rob Fisher have all posted about him. My finally joining the club to say he has a nice voice and a cool hat is something of an anti-climax. But he does have both of those things. And I get the feeling he’s a sporting bloke who will forgive me for being the millionth-and-first person to make irrelevant mention of this book just because it has the name “Frisby” in it. I also recommend the book, which I loved as a child and now I come to think about it as an adult has an almost John Galt vibe to it.

You go, Jezza!

Apparently Jeremy Corbyn has “stomped out” of a meeting of party leaders called by Theresa May to discuss the latest Brexit developments. The old boy left in high dudgeon when he saw that Chuka Umunna was there representing the Independent Group of MPs. Mr Corbyn didn’t think Mr Umunna should have been allowed in because TIG is not yet a proper party. Which it isn’t, but one cannot help finding it odd that after seeing fit to meet the IRA, Hezbollah and Hamas in the name of “dialogue” Mr Corbyn should cavil at a few minutes sharing the same air as a former member of the Labour party.

No skin off my nose, tho’. It all makes sense if we assume that he still is the Brexiteer he was for forty years. A stopped clock is right twice a day. He wants No Deal but with May taking the blame if it goes wrong.

Meanwhile Whatsername is due to address the nation. Overdue. You can look at some nice wood panelling on the YouTube livefeed here or the Reuters one here.

Ooh, noises! I just heard noises!

Update: Steps! She’s here… she’s boring.

“You’re tired of the infighting, tired of the political games…”

Not to mention tired of you.

OK, some quite good sense on the damage to trust if Brexit stopped.

Not prepared to delay Brexit past 30 June. Nothing new.

Wha… what? She’s gone away. Was that it?

No Deal would be the best option for Theresa May

I agree with Ross Clark of the Spectator who says, “John Bercow is right to block a third vote on May’s deal”. I have no idea why the Speaker has suddenly decided he cares about Erskine May after all. I doubt the reason for his change of heart is a good one, but he is right to say that repeatedly bringing the same question to the House after it has been rejected violates the letter and spirit of the rules. The EU’s fondness for playing the same trick when it came to referendums was one of the things that first turned me against it.

(By the way, the Wikipedia entry for Erskine May the person rather than the book is currently rather amusing:

Thomas Erskine May, 1st Baron Farnborough, KCB, PC (8 February 1815 – 17 May 1886) was a British constitutional theorist. This derived from his career at the House of Commons.

Erskine May much like Lord Voldermort (Tom Riddle) concealed part of his soul into a book this was later found by the current Speaker of The House Commons John Bercow who upon opening the book was taken back to the past to observe both Theresa Mays twice failing ‘Meaningful Votes’ Bercow received the message and realised it was Theresa May all along who opened The Chamber of Lies, though this time it wasn’t follow the spiders, it was follow democracy.

Not done by me, but I like the style of this unknown Wikipedia editor.)

It seems that the effect of this decision by the Speaker is to make it harder for May to kick the can down the road. Deprived of the option for more back and forth over the ill-named Meaningful Votes her remaining options are: to ask the EU for an extension of the withdrawal period (which would only be granted if something significant like a general election or another referendum were put in place), to revoke Article 50, to do some blatant procedural trick like proroguing Parliament and immediately recalling it – basically pressing the “restart” button on the House of Commons – or to throw up her hands, say “**** it, I tried”, and to go for No Deal.

As far as I can see the best option for her personally, never mind the country, is No Deal.

Whatever she does will make many people angry. The question is which set of people’s anger would it be the best strategy for her to avoid?

If she revokes Article 50 the fact of doing it will delight Remainers. But the sort of people for whom that matters most now are also the sort of people who are committed anti-Tories. They won’t be delighted with her – nor with her party. They will judiciously register their opinion that at least the sorry cow did the right thing in the end and then vote Labour or Lib Dem or for the Independent Group if it stands.

The same goes in diluted form if she goes for more extensions and delaying tactics. They may frustrate Brexit in the end, or result in Brexit in name only, but the sort of people who will be happy about that won’t thank Theresa May or switch to voting Tory. But the sort of people who will be utterly infuriated by either the revocation of Article 50 or the death of Brexit by a thousand cuts very much will blame Theresa May and very much will switch from voting Tory. A substantial majority of Conservative voters are pro-Leave. Members of local Conservative Parties are overwhelmingly pro-Leave. Potential Labour-to-Conservative swing voters are also very much pro-Leave and are swing voters because of that very issue.

I do not know if May has any last scraps of ambition to continue as an MP. I would guess that all that matters to her now is her legacy. But whether she sticks around for the voters of Maidenhead or not, if she fails to deliver Brexit her legacy will be the destruction of the Conservative party. Its most committed supporters are exactly the group who care about Brexit most. If she does deliver it these people will still not think much of her but they will judiciously register their opinion that at least the sorry cow did the right thing in the end and then continue to vote Conservative.

I have not so far discussed how the predicted awful effects of No Deal would affect Theresa May’s calculations of her own interests. I have said here that failure to deliver Brexit would destroy the Conservative Party. Many of the comments I read on the internet take a completely different view. They say that the economic harm inflicted by No Deal would be the thing that destroys the Tories for a generation. This prospect is seen as the silver lining to the dark cloud of No Deal by many Remainers. But would it? I mean, even if we accept for purposes of argument that the effect of No Deal would be to mess up the economy, a thing I very much doubt, would the economic mess destroy the Tories? I do not see that as likely. When Labour mess up the economy the usual effect is to make people vote Conservative to repair the damage. In any case no one can accuse Theresa May personally of having wanted a No Deal. Like most Conservative MPs (as opposed to party members), she has possibly gone beyond the call of duty in avoiding one.

Please, EU whatever you do, don’t get tough

“I’ve got you this time, Brer Rabbit,” said Brer Fox, jumping up and shaking off the dust. “You’ve sassed me for the very last time. Now I wonder what I should do with you?”

Brer Rabbit’s eyes got very large. “Oh please Brer Fox, whatever you do, please don’t throw me into the briar patch.”

“The briar patch, eh?” said Brer Fox. “What a wonderful idea! You’ll be torn into little pieces!”

Brer Rabbit and the Tar Baby, A Georgia Folktale, retold by S.E. Schlosser

*

Brexit: Brussels gets tough with ‘disruptive child’ UK, writes Andrew Byrne in the Sunday Times:

The EU’s latest thinking is contained in a document circulated among ambassadors on Friday night. It confirms legal advice that the UK must hold European parliament elections in May if it wishes to remain beyond that point. It also contains the starkest warning yet of the threat to the EU’s legal order if this requirement isn’t met.

In essence, the paper identifies a July 1 tripwire that would automatically terminate the UK’s membership and trigger a no-deal expulsion. Unless the UK had taken part in Euro elections or approved May’s deal by that time, both sides would be powerless to prevent it.

That sharpens a three-way choice for MPs: back May’s deal this month and seek a short two-month extension, opt for a long-term extension and organise European elections in May or face a no-deal exit.

This analysis piles yet more pressure on both Eurosceptic and pro-EU MPs to back May’s deal this month. That outcome is favoured by Michel Barnier, the EU’s chief negotiator. He fears that anything longer than a couple of months risks unravelling the 585-page withdrawal agreement his team spent two years working on.

Hardline Brexiteer MPs will be pressed to approve the deal to avoid Euro elections and stop Brexit slipping from their grasp. Other MPs will come under pressure to back the deal early to avoid the tripwire. EU officials hope a parliamentary majority can be cobbled together – perhaps through a series of indicative votes – by late May.

While some European leaders still toy with the idea of reversing Brexit in a second referendum, the risks of a rogue UK remaining in the EU after June and disrupting its agenda alarms others. The latest advice argues that the EU cannot impose restrictions on UK involvement in EU decision-making if it extends article 50.

Officials also fear a prolonged UK membership could see dozens of British Eurosceptic MEPs descend on the European parliament. That has added to a broader exasperation among officials who want the UK to leave quickly.

Brexit: what happens now?

I went to the Mail for a simple explanation, but they didn’t seem to know.

What happens now May’s deal has FAILED? Brexit could be delayed or ‘cancelled’, Remainers might trigger a second referendum… and the PM could be forced to QUIT

Do you?