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My comments on social media to a True EU Believer

I wrote this on Facebook today in response to a guy arguing that the EU was necessary for the following reasons:

As global trade widens and becomes more complex, rules must be harmonised and we need large bureaucracies to enforce this, so the UK should be involved, to influence this necessary process:

The UK’s own democratic arrangements are poor or not working well so why is the EU so bad?

We need to regulate even the most basic items, such as how lightbulbs are made, because, er, fair trade.

The costs of all this EU stuff are well worth it because it stopped a war for the past 70 years between the major continental powers. So stop going on about free trade, silly rules and farm subsidies. Look at the bigger picture.

As you can detect, I am not impressed by these statements. This was my response:

A few things: it is a big claim that the EU (or what used to be the EEC) has been the major reason for stopping Germany from invading France yet again after 1945. I would argue that the “glue” of the EU has had some positive impact, but surely, the fact that Germany was utterly destroyed in 1945, split in two, and that the Western powers faced the Soviets, and were protected under the NATO umbrella, was the key to why there wasn’t another continental war. And even if all the red tape, rule harmonisation, costly farm subsidies and all the other palaver was justified as a price worth paying on that basis, why would the UK, which wasn’t a defeated power and with a different history, want to subsume itself into a federal project? It does not follow at all. The case is not made. De Gaulle was also correct in his “non” to UK entry in the early 60s as he rightly feared that his Franco-German compact would be bent out of shape.

As global trade expands and the world becomes “smaller” with the Internet and jet travel and containerisation, it doesn’t require ever larger, more elaborate bureaucracies of transnational states to be built. In fact, what things require is more, not less, devolution of power, more variety, and less one-size-fits-all thinking. Why should complexity require more centralisation, rather than less?

The idea that we need single EU rules on how lightbulbs and other materials of the modern world are made is not justified on the basis of protecting “fairness”, and in fact all too often, such regulations are imposed and lobbied for by industry groups knowing that they raise barriers to entry against cheaper or different manufacturers, and reduce competition. Unless there are very clear-cut safety issues, I invariably smell a rat when people defend government bans on certain mechandise by talking about “fair trade”. It’s protectionism with a nice tie.

My position is not an “anarchist” one. It is more in tune with a general classical liberal approach to business, government and diplomacy, and above all driven by scepticism about big projects to reshape very old institutions and national loyalties. The launch of the single currency was an exercise in hubris, the results of which are still with us.

Take-home fact: Members of the European Parliament cannot, as far as I know, repeal a directive once it has become law. Nor can MEPs initiate a new law on their own, as an MP can. The MEPs are pale shadows of truly effective legislators and the democratic deficit in the EU is unsustainable.

Lawyers for Britain on the poisonous choices ahead

Martin Howe QC has written an article on the choices facing Parliament with regard to ratifying Mrs May’s agreement (as amended) or extending the Article 50 deadline, the Trojan ass beloved of Remainiacs.

Essentially, he sees the worst option as approving Mrs May deal with its indefinite nature, subjugation to the ECJ as an arbitration mechanism and no exit clause (but I think a suitably-phrased Act of Parliament and, in the event of any nonsense from over the water, a few well-aimed cruise missiles as an ultimate fallback would do). I fail to see the disadvantage of breaching such a bad treaty, President Trump is a great one for saying that this arrangement is screwing us, so screw it and if you don’t like it, tough.

A short extension would be a nonsense as the European ‘Parliament’ will take a break from rubber-stamping or worse, gilding (never ‘gelding’ it seems) the legislation put before it so that elections may be held, and it is needed to ratify the final Withdrawal Agreement. It would give three weeks for more procrastination and delay (which is the whole point of Mrs May’s premiership, in case anyone hasn’t noticed).

As Mr Howe notes of the FFC:

The Prime Minister’s statement to the House of Commons on 26 February 2019 opened the door to a “short, limited extension to Article 50 not beyond the end of June” if the House again rejects her deal on 12 March. She thereby abandoned her commitment, repeated in the Commons more than 100 times, that the UK will leave the European Union on 29 March 2019.

Without any apparent consciousness of the irony, she told the House that she would stick by her commitment to hold a vote on extending Article 50 “as I have [stuck by my] previous commitments”.

Mr Howe sums up the advantage of a 21 month extension over Mrs May’s ‘deal’.

A long extension of 21 months would have the same practical result as the “implementation” period in the deal, except the UK would be much better off than under the deal because we would still have a vote and representation in EU institutions and the European Parliament.
Unlike the deal, we would be free to leave on 1 January 2021 without being trapped in the “backstop” Protocol.
Our financial liabilities during the 21 month extension would be the same as under the deal, but unlike the deal, we would have no obligations afterwards.
Unlike under the deal, we would not be subject to indefinite ECJ jurisdiction after 2020.

As Mr Howe notes:

When you want to get someone to do something by threatening them, the normal protocol is that you threaten them with something which is worse than the thing you want them to do. However, in this case, it is the other way round. The ‘threat’ is manifestly more advantageous in every way than the thing the threatener wants the threatened to do (vote for the Theresa May deal).

Would an extension be granted by the EU?

… there are severe difficulties in the way of getting such an extension in the first place. The EU is wary of the problems which would be created by holding the European Parliament elections in the UK. The Conservative Party should be not simply wary, but alarmed across the board, at such a prospect, since a decimation of the Conservative vote in the face of Nigel Farage’s reinvigorated Brexit party cannot be ruled out. And if the Brexit party establishes itself with a big vote in the European Parliament elections, it will not go away and will be a real vote-splitting problem for the Conservatives in by-elections and at the next general election – an even greater problem than UKIP was in the past.

The EU may well not be willing to agree to an extension. It only takes one member state to veto it.

So this is where the Conservative Party has taken the country, to a point where threats of something better that a final outcome are being deployed with a view to getting the worst possible deal for the UK? And our best hope may well be another EU member government deciding to put a stick in the spokes of the extension? Could, say, nice Mr Orban be our saviour? We might see just how far the euroscepticism of some European politicians will take them.

A Brexit photo

Today I was at Euston tube station, and found myself admiring the antique signage on one of the platforms, the Northern Line I think, done with painted tiles, rather than with a printing press or with electronic wizardry as is the way such things are done now. Way Out signs are not what once they were. So out came my camera.

At this point I realised that there was some weekend, Brexit-related fun to be had, by including also part of the bit where it said, in much bigger letters, “EUSTON”:

If only the way out of the EU was turning out to be as simple as exiting from Euston tube station.

Deleted by the PC Media, and about time too

Matt Kilcoyne of the Adam Smith Institute writes,

The Guardian’s anti-Brexit fake news

An article, since deleted, made nonsense claims about the treatment of EU migrants.

and

When you try to find the article now you get a page that says it has been removed (rather amusingly, the related stories are eight other removed articles). The Guardian, unwilling to admit to its failures, claims that the piece was ‘taken down because it was found to have been based, in good faith, on outdated information’. This was after 16,000 people had shared it.

What happens when a stab in the back myth isn’t a myth?

In the light of Theresa May offering MPs a vote on delaying Brexit, which is being joyfully and rationally welcomed by Remainers as the crack into which can be inserted the political lever to renege on delivering the referendum vote entirely, this twitter thread from Matthew Goodwin is timely:

One critical point about vote for #Brexit is that it marked the first moment when a majority of British people formally asked for something that a majority of their elected representatives did not want to give. It was always destined to lead us here

Contrary to popular claims, we now know from a dozen + studies that Leavers knew what they were voting for. They had a clear sense about how they wanted to change the settlement; they wanted powers returned from the EU & to slow the pace of immigration

We also know that for large chunks of the Leave electorate this vote -a rejection of the status quo- was anchored in high levels of political distrust, exasperation with an unfair economic settlement & a strong desire to be heard & respected

I do not think that it is hard to imagine what could happen if Brexit is delayed, taken off the shelf altogether or evolves into a second referendum that offers Remain vs May’s deal, which Leavers would view as an illegitimate ‘democratic’ exercise

We have evidence. (1) Professor Lauren McLaren has already shown that even before the first referendum people who wanted to reform the existing settlement but who felt politicians were unresponsive became significantly more distrustful of the entire political system

(2) Professor Oliver Heath (& others) have found that as British politics gradually converged on the middle-class at the expense of the working-class the latter gradually withdrew from politics, hunkering down and becoming more apathetic

This is partly why the first referendum was so important, where we saw surprisingly high rates of turnout in blue-collar seats. Because for the first time in years many of these voters felt that they could, finally, bring about change.

And we’d already seen an alliance between middle-class conservatives and blue-collar workers to try and bring about this change when they decamped from mainstream politics in 2012-2015 to vote for a populist outsider

So I think that we do know what the effects of a long/indefinite delay to Brexit, or taking it off the table altogether, will be. Either we will see a return to apathy & ever-rising levels of distrust which will erode our democracy and the social contract from below, or …

Another populist backlash, anchored in the same alliance of disillusioned Tories & angry workers who -as we’ve learned- are very unlikely to just walk quietly into the night. If anything, this will just exacerbate the deeper currents we discuss here

I have one thing to add: if the establishment (which includes MPs of all parties) demonstrates that campaigning for forty years for a referendum and finally winning it does not work, it will not only be the populist Right who learn the lesson. The radical Left and the Irish, Scottish, Welsh and English Nationalists will also learn that the strategy of peacefully winning consent from voters is a mug’s game.

A humbling must come to pass

It is rare that I agree so strongly with a fervent supporter of the European Union. Nesrine Malik of the Guardian argues that “the Brexit reckoning must happen” on the grounds that

A humbling must come to pass. From the beginning, Brexit created its own momentum. Once the question was asked – in or out? – all the grievances, justified or not, could be projected on it, with “in” being widely seen as a vote for the status quo. Within this frame, nothing else matters – not economic predictions, not warnings about medicines running out, nor threats of the need to stockpile foods. The remain campaign could not have done anything differently: it lost the moment the question was asked.

And so, maybe, in the end, we will finally believe that immigration is necessary for an economy and an NHS to function, that the inequality between the south-east and the rest of Britain is unsustainable, that our political class is over-pedigreed and under-principled. We might even believe that other crises, such as climate change, are real, too.

Maybe, in the end, the country outside Europe will find its stride by confronting its issues rather than blaming them on others, and forging its own way. But there is only one way to find out. What a shame Brexit is that path – but better to have a path than none at all.

She is right about our political class being over-pedigreed and under-principled, right that unless Brexit happens the country will be torn apart by claim and counter-claim as to what would have happened, and right that a humbling must come to pass. Let us go forward together and find out whose.

A question for the seven MPs who have quit Labour

Those people who voted for you a couple of years ago thought they were electing Labour MPs. Given that things have turned out differently, and that your opposition to Brexit was a major motivation for your departure, should not each of you be confirming that you still have the people’s mandate by submitting to a People’s Vote, sorry, by-election?

The response demonstrates why it needed to happen

The launch of Turning Point UK felt to me like an important moment.

Douglas Murray agrees:

Earlier this week I made the usual mistake of looking at Twitter and saw that ‘Turning Point’ was trending. This is unusual in Britain. Turning Point is a very successful organisation set up in the US to counter the dominance of left-wing views on campus. It turned out to be trending because of the launch of Turning Point UK this week. In essence the response to the launch of Turning Point demonstrated the need to launch Turning Point in the UK.

This is also how I now feel about the Brexit vote. The response to that also explains why it needed to happen.

Samizdata quote of the day

O Lord our God arise

Scatter her enemies

And make them fall

Confound their politics

Frustrate their knavish tricks

On Thee our hopes we fix

God save us all

– the little-used second verse of the National Anthem, quoted in a 2015 Independent article entitled “God Save the Queen lyrics: The troubling words of the National Anthem that are being ignored”.

To be clear, this is not the verse dating from 1745 containing the line “Rebellious Scots to crush”. That was never official anyway. I just thought the lines about politics and knavish tricks somehow seemed appropriate to our current situation.

Who are you trying to fool?

On July 29th 2004 John Kerry accepted the Democratic nomination with the words, “I’m John Kerry and I’m reporting for duty.” Then he gave a little salute.

Odd, even for Americans, who I know from The Brady Bunch sometimes call their own fathers “sir”. By Kerry’s own account he had committed atrocities during his naval service in Vietnam. His view of the US Navy was such that on April 23 1971, as part of an anti-war protest by Vietnam Veterans Against the War, he had thrown his medals – or possibly just the ribbons – over the fence in front of the US Capitol.

Never mind whether the claims by the group Swift Boat Veterans for Truth were fair or not, the metamorphosis of medal-throwing Kerry to reporting-for-duty Kerry would have been a propaganda own goal even if that group had never existed. Because who on Earth did he think he was appealing to with the salute? As I said in 2006, “What a low opinion of Republicans Democrats must have if they thought that throwing them this little crumb would be enough to gain their votes. Look, he’s a soldier. You like soldiers.”

The Brexit saga has had its own little “reporting for duty” moment over the last week. Gina Miller (remember her?), the Labour peer Helena Kennedy, and the Conservative peer Maurice Saatchi (remember him?) launched yet another anti-Brexit campaign, “Lead not Leave”, billing it as a form of Remain that Leavers could get behind.

It did not go well. Within hours tweets were flying about saying things like,

Christ alive! Just had a glance at Lord Saatchi’s draft Bill for @thatginamiller’s Lead not Leave campaign. Reading this, I can only assume it’s a plot by someone with an obsessive hatred of Germany to guarantee that the UK leaves the EU. Have a look. Dreadful bullshit. 1/

That series of tweets by Steve Bullock @GuitarMoog described a speech in the House of Lords by Lord Saatchi that has now been deleted from the “Lead Not Leave” website. Here it is. Among other things it said that the UK should demand as a condition of it consenting to remain in the EU that the UK should have equal votes in the EU to Germany, despite having a smaller population. The little matter of gaining the agreement of the EU to this drastic and morally unjustified change was not covered. Why should the Germans put up with the UK suddenly deciding they should be put back on probation, as if World War II happened last year rather than a lifetime ago?

And what an insult to Leave voters to assume that all that was needed to get them on side was to insult the Germans. You don’t like Germans. Here’s some anti-German stuff. Now get with the program.

Borders and Brexit

Here is a good, succinct demolition of the argument that if the UK leaves the European Union on World Trade Organisation-based terms, rather by some “Brexit-in-name-only” fiasco, there will need to be a hard border between Northern Ireland and the Republic. From the very start, I have suspected this issue was being exaggerated considerably by those trying to derail UK independence from the European Union, and the detail here proves it.

This is all contextual: where there are amicable relations, technology, goodwill and a certain degree of co-operation, it means border posts and the rest are not needed, or not used all the time. A case in point is Switzerland: it has access, via scores of bilateral treaties, to Europe’s Single Market, but also has the freedom to do its own trade deals with nations far beyond Europe. When I have driven from France to Switzerland, or over to Germany, there were no border controls I was aware of. Switzerland is in the Schengen Agreement area, which removes the need for passports. Now there’s no theoretical reason why the UK could not also come to a specific agreement on such a basis with Ireland (although it might still reserve the right to require passports to be produced where necessary).

Sometimes situations can change: a few years ago, after the 2015 November mass murders in Paris, border controls were enforced on the Swiss-French border. Also, there are customs checks but these don’t all require “stop at the border and let a bloke search the truck” sort of process. This Q&A guide is an example of what happens.

Now, this being a classical liberal/libertarian blog, some people are going to complain that there are any kind of borders, requirements of passports, period. As a minarchist (minimal state, not anarchist) I take the view that one cannot have a jurisdiction of law without knowing what the boundaries of that legal network are, and so there is a border, even if only expressed as a squiggly line on a map, rather than a wall, fence or something more technically snazzy. England has its Common Law, while the continent has a Civil Code (Napoleon and the Roman legal heritage) and there is therefore a boundary between them, even though in many ways mutual recognition/equivalence agreements can and do take quite a lot of the friction out of where these codes come into contact. (There are some parts of the world with both legal traditions at the same time (such as Malta, which was once run by the French before the Brits kicked the buggers out). And these boundaries may also require people to prove where they reside as citizens, if only to know that they cannot run away from certain legal agreements they have entered into by fleeing to another jurisdiction.

The game goes on

Earlier this afternoon Guido posted a list of the amendments* to be voted on in Parliament this evening:

(a) Jeremy Corbyn – calls on the PM to rule out no deal while, predictably, keeping all options on the table

(o) Ian Blackford – notes that the SNP don’t like Brexit, calls for no deal to be ruled out and Article 50 extended

(g) Dominic Grieve – suspends normal Parliamentary procedure on six dates in February and March allowing MPs to hijack Brexit

(b) Yvette Cooper – suspends normal Parliamentary procedure on 5th February to allow MPs to bring a Brexit-blocking Bill in

(j) Rachel Reeves – calls on the PM to seek an extension to Article 50

(i) Caroline Spelman – notes that Parliament rejects leaving without a deal

(n) Graham Brady – calls for the Northern Ireland backstop to be replaced with alternative arrangements to avoid a hard border

As Guido said,

However, of all the amendments, only Grieve and Cooper have any legal effect as they would actively change the Standing Orders of the House, upending centuries of precedent. All the others, including Brady, are only statements of the Commons’ preferences.

The votes have now taken place. All the amendments failed except Spelman’s and Brady’s. That is, the only amendments that passed were to authorise the writing of two new (and largely contradictory) entries on Parliament’s wish list. I was glad to see that the amendments by the Tory Dominic Grieves and Labour’s Yvette Cooper, both of which aimed to stop Brexit by procedural tricks, were voted down by larger than expected majorities, including fourteen Labour rebels voting against their Whip on the Cooper amendment.

Much of what we saw tonight was tail-covering. Spelman’s amendment passed so that if No Deal happens and the zombies come, MPs can say, “Don’t blame me, I voted against zombies”.

Regarding the successful Brady amendment, the EU side has repeatedly said it will not re-open negotiations, so I assume its main purpose is to put the guilt of being the last people to say “No” onto them.

All in all, not a bad night’s work.

* “Amendments to what?” you ask. No idea, unless “Theresa May’s Brexit Plan” is the name of a Bill.