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]
Note that Alexandru Tanase’s story involves that modern equivalent of the Roman delator, the Facebook nark:
After one of the treatments, his wife, Sandi Mullins, posted a picture with Tanase. The former dental hygienist wrote on Facebook that in the “summer of 2016, a complaint was filed with the CDHO by a former friend and Facebook acquaintance of my wife’s, who saw a photo my wife posted, saying how happy she was with her dentist and what an amazing dental hygienist she had.”
India has announced a ban on electronic cigarettes, as a backlash gathers pace worldwide about a technology promoted as less harmful than smoking tobacco.
[…]
“The decision was made keeping in mind the impact that e-cigarettes have on the youth of today,” India’s finance minister, Nirmala Sitharaman, told reporters in the capital, New Delhi.
[…]
The government said it would advance tobacco control efforts and contribute to a reduction in tobacco usage. Punishments include up to a year in prison.
[…]
According to the World Health Organization, India is the world’s second-largest consumer of traditional tobacco products, which are not covered by the new ban, killing nearly 900,000 people every year.
[…]
India is also the world’s third-largest producer of tobacco, the WHO says, and tobacco farmers are an important vote bank for political parties.
I thought about putting this in The Great Realignment, but the link to politics is slight. This is more about fantasy fulfilment. Have you ever dreamed of telling a bad boss what you think of him? Have you ever dreamed of telling the world what you think of your bad boss, shortly before making him your ex-boss? Meet Gareth Arnold, who until today seems to have handled the Twitter account for Jared O’Mara MP, regarded by all sides as the most useless MP in Parliament today. Actually as of now (20:36 BST) Mr Arnold still is handling Mr O’Mara’s account but Mr O’Mara may not be entirely happy with that.
Comms Team signing off… forever: Jared, you are the most disgustingly morally bankrupt person I have ever had the displeasure of working with. You do not care about your constituents. You do not care about anyone but yourself.
Thick and fast they followed:
I cannot and will not defend you and your vile, inexcusable contempt for the people who voted you in. You selfish, degenerate prick.
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My fear is that now (as I quit) the rest of the staff will leave and once again you will close your office and stop helping anyone but still take your wages until you have the decency to call a byelection.
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Leaving constituents desperate for representation again. No matter if they are having their homes taken away, their liberaties disgraced or being deported because of your inaction.
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Sheffield Hallam deserves so much better than you. You have wasted opportunities which people dare not to even dream of.
The good folk at Lawyers for Britain have published a short paper by an eminent QC, recently retired, on whether or not the latest ‘extension’ of the ‘Article 50’ 2 year period for making arrangements to leave the EU is valid, if it is not, the upshot of this would be that the UK left the EU at 23.00 hours on 29th March 2019 (without anyone realising it).
The author of the piece, Stanley Brodie QC, puts his argument around the way in which Article 50 is worded, and suggests that there was only power within Article 50 for one extension to the negotiation period, which the hapless Mrs May used up in her botched attempts at getting an extension to ram through Parliament her ‘Withdrawal Agreement’.
Our learned friend’s view of the proviso for an extension of Article 50 includes:
The proviso could not be used to reopen, or continue, never ending debate. Nor can it be used as a general power to extend time.
One might hope, but this is the EU. He also says that when the EU made a counter-proposal for extension of the negotiation period with the UK, this was not lawfully done.
On 25th March 2019, the UK government set out its plans for delaying departure, in brief, there was this announcement:
“3. However, the agreement reached with the EU provides for two possible durations:
a. An extension to 11pm on 22 May 2019 if the House of Commons approves the Withdrawal Agreement by 29 March; or
b. An extension to 11pm on 12 April 2019 if it does not, before which the UK would need to put forward an alternative plan on decide to leave without a deal.
4. The Government has therefore laid today, Monday 25 March, a draft SI under Section 20(4) that provides for both these possibilities; …”
Mr Brodie’s view includes the following:
The Agreement provides for two possible durations; whereas the proviso to paragraph 3 provides for a unanimous decision “to extend this period”. The two concepts are wholly different. Extending “this period” is one outcome; two possible durations, without any certainty, are certainly something else, not authorised anywhere in Article 50. If one can have two hypothetical durations, can one make an Agreement under Article 50 which includes more than two durations – a kind of take your pick deal? It is obvious that such an arrangement would be incompatible with the need for an orderly, or credible exit from the EU. The conclusion, I would suggest, is that the Agreement used and implemented by the Prime Minister, Mr Barnier and President Tusk was unlawful and ultra vires Article 50. It was without any legal foundation in accordance with Article 50. Purporting to use their Agreement as compliance with the requirements of Article 50, paragraph 3, and in particular its proviso, was unsustainable. That meant that the illegal nature and purpose of the Agreement invalidated it; there was no unanimous decision to “extend this period”. The requirements of Article 50 were ignored. It was not an application to extend this period as required by the proviso.
Our learned friend also takes issue with the advice given by Civil Servants to Parliament (well, the House of Commons iuam) about what was going on around the various extensions, I have added some emphasis:
5.2 Next, on or about the 14th March the Government issued a note entitled Parameters of Extending Article 50. It contained inter alia the following statement:
“What are the legal requirements for an Article 50 Extension set out in the EU Treaties?
The Article 50 period is set at 2 years unless, as provided for in Article 50 “the European Council, in agreement with the Member State concerned, unanimously decides to extend [it]”. Article 50 does not establish any upper limit on the length of an extension. However, given the Article 50 period is explicitly time-limited, any extension would have to set a specific end date, because it is necessary for reasons of legal certainty to be clear on the date on which the UK will leave the EU.”
5.3 It is at this point that there occurs a curious mishap. The first and second lines of the quotation purport to be an accurate reproduction of Article 50. They are not. If one looks at Article 50, it is apparent that the last three words of paragraph 3 are “extend this period”; but in the quotation the last two words are “extend [it]”. So the version put out by the civil servants was false. The differences in meaning between the two versions were considerable.
(a) The true version
Under this version the EC and the Member State can agree to extend “this period”. This period is the two year period after which the Member State ceases to be a member of the EU automatically. But it would appear that the power to extend Article 50 can only be used once; “this period” appears to be limited to the two year period, making it clear that no further extensions to Article 50 could be made. That would certainly curtail any power to make any further extension.
(b) The false version
The last four words of this version of Article 50 now read “decides to extend it”. The wording of this version is apt to enable the Prime Minister to seek as many extensions to the Article 50 process as she wishes; she is no longer inhibited by the restrictions contained in Article 50. It is relevant to point out that in the Parameters paper there appears this statement at paragraph 2:
“This paper provides a factual summary to inform parliament’s debate on that motion”.
5.4 So the civil servants responsible for briefing parliament to enable an informed debate to take place, themselves were misleading it. The alteration of the text of Article 50, and of the proviso to paragraph 3, must have been deliberate.
The beneficiary of this misconduct was the Prime Minister, who could and did arrange for extensions of time without hindrance. The text of the Parameters paper makes it clear that the civil servants had no qualms about extensions or their supposed length and legal foundation. October 31st 2019 is the latest.
This is a truly alarming state of affairs; it should be exposed sooner rather than later.
In summary, he includes the following:
(i) The application by the Prime Minister for an extension of time until June 30th under the proviso to Article 50, made on or about the 14th March 2019, was legally valid, but was rejected by the EU.
(ii) This was followed by the Agreement proposed by the EU. It did not comply with the terms of the proviso; nor was Article 50 referred to or relied on by the EU. It was not effective to stop the Article 50 process running up to and including the 29th March at 11 p.m. Whichever way one looks at it, the Agreement was either unlawful or made for an unlawful purpose or ultra vires .That means that the UK left the EU on the 29th March 2019 by default as there was no valid or lawful impediment to prevent it.
I am not aware of any proposals to test these arguments by seeking a declaration from the High Court, which would be the usual method for deciding a question of law regarding the UK’s affairs. I would say that even if these arguments have merit, I am afraid that I doubt that any application would get a fair hearing in the UK.
However, wouldn’t it be a superb outcome for Mrs May to have taken us out of the EU by accident without realising, and therefore to have resigned by mistake, should she carry out that avowed intent? She would become the ultimate, Universal Champion clusterf*ck politician of all time, although she’s probably made that podium already.
ADDENDUM: APL points out that there is apparently a legal case brought by Robin Tilbrook of the English Democrats. The most that I can find about his case, which appears to rely on some other matters, is here.
At last “progressives” have acknowledged that to run up the UK deficit by reckless government spending is to bribe the present electorate at the expense of ruinous consequences for future generations. I do not know what caused the likes of the Green Party’s only MP Caroline Lucas, the Labour MP Thangham Debonnaire, or the famously wet Tory MP Tracey Crouch to belatedly see the wisdom of the US Tea Party movement and Senator Rand Paul’s Balanced Budget Amendment, but whatever caused this Damascene conversion, it is most welcome.
Naturally these generally left-wing MPs see the proposed “Compassion Threshold” that would bind this and all future Parliaments in what laws they can pass as primarily affecting issues of more traditional concern to the Left:
From rising levels of rough sleeping to the rollout of universal credit, there are a growing number of issues that campaigners believe underline the unintended consequences of policymaking on the most vulnerable in society.
Backers of the idea of the compassion bill say they hope it would allow those affected to bring legal action, as they can when they believe their human rights are being breached, for example.
But since it should obvious to anyone how readily this proposed law could be used to enforce stringent budget responsibility on future governments, including what may very well be our next Labour government under Jeremy Corbyn and John McDonnell, let us wish the sponsors of the Bill every success.
This is pretty damn funny, in a painful and excruciating way.
But just for fun, now just imagine it was Trump, not Trudeau. It would be all you read about on the front page of every major newspaper and all you heard for a week on every single TV channel (remember them?) and radio station.
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.
Venue: a very noisy Adam Smith Institute gathering at the House of Lord a few days ago.
Her: Putin and Trump are in favour of Brexit, does that make you question your support? Me: Hitler liked dogs, should that make dog owners question their choice of pets? Her: Fair point, like me Hitler was a libertarian. Me: Um… what? Hitler was a… libertarian? Her: Vegetarian! Me: Ah. It is rather noisy here.
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.
The British Army continues to morph into the Blairmacht, it seems. Its new recruitment posters had me thinking that I had fallen into a coma and woken up a few days after our glorious independence due on 29th March. Here is what I mean: ‘The Army targets ‘snowflake’ millennials‘ (as recruits, not legitimate uses for ammo).
The posters, taken as fair use:
and this:
Now there are two possibilities I see here, not mutually exclusive, the less likely that someone is trolling the MoD and being paid for it, and the other is that someone is being paid for it.
And in terms of assuring the civil population that the Army is no threat, it doesn’t really beat this, but I do wonder if the thinking behind the current Army it is more similar to what produced this.
And we should remember that for some British Army recruits, the heat is not the problem, but the cold may be:
A soldier from Africa is suing the Ministry of Defence (MoD) for £150,000, claiming they failed to protect him from cold weather conditions.
“Mr Asiamah told the High Court his superiors had neglected to warn him to bring warm kit such as gloves, socks, and boots ahead of the exercise, which he said took place one week after he was forced to spend five hours listening to lectures in cold weather while dressed in civilian clothing in Naseby, Northamptonshire.”
Naseby, the Civil War, what would Prince Rupert or Halifax say?
But, may I remind you, it is the law of England that the categories of negligence are never closed…
His legal team argues officers exposed Mr Asiamah to the uncomfortable conditions despite knowing Africans are more susceptible to cold-related conditions, according to court papers which quote a 2009 military study which found soldiers of African origin were 30 times more likely to suffer cold-related injuries than indigenous Europeans.
AFAIK, the case continues… What would Field Marshal the Earl (Horatio Herbert) Kitchener say were he spinning in his cold, watery grave? That Wing Cdr Ken Gatward DSO DFC* AE was named for him, and lived up to it, might give one pause for thought.
Theresa May said the appointment of Health Minister Jackie Doyle-Price to the new role [Minister for Suicide Prevention] will help tackle the stigma surrounding suicide. While suicide rates are falling, 4500 people commit suicide every year. (BBC Text News this morning)
Creating a new role to solve a problem that is diminishing anyway may seem like a clever move to a politician, but I’m not so sure. If Minister Jackie Doyle-Price removes enough of the ‘stigma’ surrounding suicide, might the rate start rising again?
Of course, that might not be so much of a problem, politically. Back in the 70s Labour appointed a Minister for Drought after a long spell of dry weather. The heavens then opened – and he was reappointed Minister for Floods. When Jackie Doyle-Price has removed enough of the stigma surrounding suicide that you can get euthanasia on the NHS, perhaps she’ll be reappointed the Minister for Assisted Suicide.
Meanwhile, what does one make of Theresa May saying that there are too many suicides so we must remove the ‘stigma’ surrounding it. Should I assume that in the past, when I thought she was “thick as a brick”, I really hadn’t grasped how stupid she was. Or should I, more charitably, assume the PM reads (and signs?) whatever her civil servants put in front of her without thinking about it, while worrying every day “How long have I yet to live?” (politically).
The Samizdata people are a bunch of sinister and heavily armed globalist illuminati who seek to infect the entire world with the values of personal liberty and several property. Amongst our many crimes is a sense of humour and the intermittent use of British spelling.
We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
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