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]

Usurping conception

The Human Fertilisation and Embryology Authority (HFEA) has increasingly wielded its regulatory powers in recent years, as infertility treatments have become more common and diverse. Some of the regulator’s decisions have been criticised as arbitrary or inappropriate, using an ethical calculus to coerce parental choice when it is not required. Their latest intervention is controversial, though based upon clinical outcomes.

At present, multiple embryos are implanted in the womb to increase the probability of a successful birth. This has potentially undesirable consequences if the health of the mother or the children is impaired. Studies have monitored infertility treatments and demonstrated these drawbacks.

Half of the mothers of IVF twins give birth prematurely and the babies are below the minimum ideal birth weight of 5lb. They run a much higher risk of dying, lung and heart problems, having cerebral palsy or developmental difficulties and facing chronic conditions as adults. Many spend time in special neonatal care units in hospitals. Mothers who conceive more than one baby after IVF are far likelier to suffer a miscarriage or dangerously high blood pressure than women who have one child naturally.

This should be viewed as additional information that clinicians would take into account when advising their patients and making a diagnosis or a recommendation. If the regulator had drawn attention to these studies and noted that inspectors would wish to see these taken into account during diagnosis, no observer could criticise such diligence. However, we live in New Labour Britain, home of targets and micromanagement:

Shirley Harrison, the HFEA’s chair, will this week defend the decision to put medical safety above the rights of childless women to choose how many embryos are transferred. She will cite research showing that having just one embryo implanted does not reduce a woman’s chance of conceiving.

Doctors will retain the freedom to use their clinical judgment to decide if a woman rated a ‘poor responder’ to fertility treatment should still get two embryos. Clinics will be told to reduce the number of multiple births through IVF over time from 25 per cent to somewhere between 5 and 10 per cent.

This is a decision that should rest between the doctor and the patient. If the patient is aware of the risks and responsibilities, they may then take the difficult decision required in this matter. It is not up to HFEA to usurp clinical practice and private judgement in this matter.

Wrong on so many levels

I read the headline of John Lloyd’s article in the FT Magazine this week, and I read it again, and again. Every time it seemed to make less sense than before:

Personal politics: There are times when the government is right to intrude into the realm of private morality

Regardless of what it is or is not right for the government to do, state intrusion means something is no longer a matter of private morality, or morality at all. It is certainly not private, once the state is involved. And regulation displaces morality. The capacity for choice is required for morals to play a role.

Reading the article was even more perplexing. To the extent Lloyd’s piece is about the Catholic/gay-adoption argument, it is as tedious as most of the vacuous discussion on the question. What engaged and enraged me were his premises. Mr Lloyd in this discussion treats the state as a kind of super person, possessed of its own opinions and moral sense, and that hectoring people who do not conform to those pseudo-desires is legitimate.

The morality of the welfare state depends on contribution and responsibility. Since some people don’t contribute and many are irresponsible, the choices of those who do contribute and are responsible is [sic] either to tolerate the free riders, refuse to pay for the effects of their irresponsibility or trust the state to educate them.

False dichotomy and all, this is the authentic voice of the New Labour branch of civic republicanism: ‘citizenship’, which is to say personhood, defined by duty to the state-collective. He notes entirely accurately that:

[T]he British state has progressively, and under New Labour very significantly, delved deeper into both the prejudices and the private behaviour of citizens, and sought to reform both […] ensuring that society as a whole observes the new order.

The square brackets there stand for the omission of two and three-quarter paragraphs, so apologists for the New Labour point of view may object that the last clause refers only to removing some disadvantages from homosexuals. But I am not being unfair. Ensuring that society as a whole observes the new order is the key to the project.

Despite there being other theories of the welfare state that I and other Samizdatistas might reject but that are less repugnant to human autonomy, we are now offered a Hobson’s choice: be treated as drone in the sense of a worthless idler – or become a drone in the Borg sense, actually not a fertilising drone but a sterile ergate, emptied of all capacity for moral choice.

What is the eGovernmental equivalent of soft hands, marking the unproductive drones out for hounding to destruction of their dronish identity? Inadequate contribution. Failure to comply with whatever compliance is required.

You will not will incorrectly. You will comply.

Safety day

In Australia, the federal government’s propaganda tends to condescendingly heckle citizens about various issues that are pretty much always best left to the individual’s discretion – not unlike the output from NuLabour’s Ministry of Truth – similar beast, albeit with a more sinister bark. So in Britain you get this (probably one of the more egregious examples), and in Australia, this (ditto).

On balance, the naff Australian stuff is the lesser of two evils, but it is still deeply irritating, patronising bilge. Take the abovementioned ‘understanding money really pays off’ campaign the government is running via billboards and television commercials. Thanks so much for spending my tax money on delivering that sterling piece of advice – let me just make a note of it on my invisible typewriter. The most wasteful entity in society is wasting more of our money by telling us to mind our pennies! That is rich – even if we are not.

Still, it is exactly the sort of hypocritical, wealth-destroying enterprise one would expect the government to embark upon. However, it is pretty depressing when your (private sector) employer gets in on the act. I arrived home today to find the company I work for have decided to post me a brochure titled ‘Safety At Home’. Apparently “every day is Safety Day – think safety 24/7”. It is full of handy tips along the lines of “don’t hold any part of your body over a boiling kettle – steam can be hotter than water” and “read labels before use…take notice of cautions and warnings” and “try not to stick your head in the oven when the gas is on but not lit – unless you feel suicidal. If you feel only slightly suicidal, keep reading this brochure and you will want to get it over and done with in no time at all.” And in the foreword from our CEO:

We have produced this booklet as a reminder of the simple [really, painfully, embarrassingly simple – JW] things that we can all do outside the workplace to make sure we’re thinking safety 24/7 (…) stay safe and keep well.

Where does a nice big steaming hot mug of “fuck the hell off!” flung at your nether regions fit into your Safety at Home recommendations, Mr CEO? And get the hell out of my house while you are at it, you finger-wagging ponce. Shareholders bankroll enough useless expenditure via the taxation system as things are; corporate nannies are not welcome. Give us our money back.

While the PM was answering questions…

… on TV programmes he (quite sensibly) does not watch. Her Majesty’s Government was actually doing something about Big Brother. Granting him more arbitrary power. The Telegraph’s legal editor explains:

[The Serious Crime Bill] allows judges, sitting without juries, to make orders which, if breached, would put us in prison for five years.

Two conditions must be satisfied before the court can make a serious crime prevention order. First, the judge must be satisfied that someone has been “involved in serious crime” – anywhere in the world.

To be “involved”, you do not have to have committed a serious offence, or even helped someone else to have committed it. All you need to have done is to conduct yourself in a way that was likely to make it easier for someone to commit a serious offence, whether or not it was committed.

And what is a serious criminal offence? Drug trafficking and money laundering, of course. But also fishing for trout with a line left unattended in the water. Depositing controlled waste without a licence. And anything else that a court considers to be sufficiently serious.

Read the whole thing here. The Bill itself is here. Observers of government will notice that it is, unusually for important legislation, being introduced in the Lords. I would welcome any theories why.

Is consistency a virtue?

Among the useful tasks accomplished on the Christmas visit to my mother’s house was dealing with (i.e. disposing of) most of my old correspondence. They say that the difference between a radical and a conservative is 20 years. So what should I make of this?

Saxmundham, Suffolk. 14th March 1987

The Editor
The Independent

Sir,

If, as your profile today suggests, the tabloid papers have rehabilitated Boy George as a symbolic “victim of the pushers” then they do drug-users, and the rest of us, who have to support the costs of drug abuse, a great wrong. For they hold out to the user the most powerful and deceptive of excuses: “It isn’t my fault; he made me do it.”

Pushers only supply someone’s demand, and taking a new drug is still a positive decision, even if the first one is free. Continuing a habit requires a long series of decisions to take one’s poison rather than to do other things with one’s time and money. It may feel like a forced choice, but the first step to freedom is to recognise that there is a choice involved. [We might elevate that to a general principle – GH, 2006]

The child’s excuse can still apply: “But I didn’t know… He lied to me. He made me do it.” No pusher is under an obligation to be honest, no in-crowd to evaluate and announce the risks of an essentially exciting-because-surreptitious activity – why believe the authorities about this when it is palpably part of their desire to control you, and they lie about everything?

The greater the repression of drug-use, the more ruthless and dishonest will be the surviving suppliers. (Far from being the Mafia’s enemy, the Drug Squad is its greatest friend, cutting down the competition and making control easier.)

No, the Great and the Good (and the tabloids) have it wrong. The cycle, of horror stories leading to unjustified fears, leading to repression, to ignorance, to gangsterism, more horrors, fears… obscures the relatively simple danger for the user, and vastly inflates the problem for everyone.

There is a step – and a difficult, but the only one – which can reduce in the long run the ignorant bravado, addiction, mess, disease, expense, accidental poisoning, purposeful deception, and organised crime stemming from heroin; the one which throws back all responsibility to the user, who must be able to say, “my decision,” and “I made a mistake.” Legalise it.

Yours truly,

Guy Herbert

Though there are some ways my opinions have evolved (I no longer accept, even for rhetorical purposes the mirror-magic conception of “organised crime”, for example), I am still making the same point to a deaf establishment 20 years later. So, very nearly, is George.

Is there no mellowing path for a libertarian? Am I a singualar case of arrested development? Or is the generational reversal thesis sense when applied to musical and fashion-sense, nonsense on social and political questions?

The OR may not be exclusive, folks.

“Smoking is healthier than fascism”

I must say that I like the style of the Competitive Enterprise Institute. Rather than playing the game with mealy mouthed statements so typical of a lot of think-tanks, they push their ideas with a catchy boot-to-the-goolies like “Smoking is healthier than fascism”. Not surprisingly this is available on a tee-shirt from those most righteous pranksters, Bureaucrash.

I feel a purchase coming on…

The ugly face of the bully society

Ordinary Britons struggling to get on with their lives are being menaced by a small number of bullies who do not care about the rights of their victims. These ‘Tsars’, as they are sometimes known, impose themselves and their lifestyle choices on others with an almost psychopathic disregard for other people’s viewpoints, and regardless of all attempts by police and others to maintain traditional values.

When the Government’s antisocial behaviour tsar was out on patrol with the police on a housing estate last week, she was amazed to find that the officer was handing out sweets rather than enforcing Asbos.

– according to The Independent on Sunday

“Family intervention projects – I really believe this is the approach that will work,” she said. “It ain’t cheap and it also isn’t easy. Basically it’s the end of the road.”

“The priority was to do families, because they have children, first. But we are working on doing something for chaotic adults where the same approach will be taken.”

Ms Casey added she was working with Whitehall to adapt the centres to cater for single people.

She said other measures to tackle anti-social behaviour included plans to extend parenting courses across the country, and powers for imposing compulsory parenting orders.

“If you are not going to take parenting help then we are going to make you take parenting help,” she said.

As the same interview is (puzzlingly) slightly differently reported by the BBC. Anyone would think that the Indy report did not sound tough enough, and was re-spun for presentation to the Beeb.

Fear and loathing in Victoria

This anecdote from Ian Brown is just too much fun not to share: Killer wasp brings passport office to halt.

Any wasp-trainers out there? Your country needs you.

Miss Riding Hood? Your permit, please

The threats to liberty in Britain are too numerous to keep track of. Thanks to Josie Appleton on Spiked! for this, which I had entirely missed before now:

The Safeguarding Vulnerable Groups Bill, due to return to the House of Commons next week, will mean that 9.5million adults – one third of the adult working population – will be subject to ongoing criminal checks.

It is a House of Lords Bill, but has Government backing.

The Bill would create an Independent Barring Board (IBB), which would maintain “barred lists” preventing listed individuals from engaging in “regulated activities”. “In respect of an individual who is included in a barred list, IBB must keep other information of such description as is prescribed.” [cl.2(5)]

As the Bill was originally presented, you would have no right to damages if you were mistakenly or maliciously included in a barred list, and nor would anyone else. And the IBB would have been an absolute finder of fact, with appeal allowed only on a point of law. So among the things the IBB would have been independent of is responsibility for its actions.

Now things are slightly better, but there’s a cunning pseudo-compromise. You can sue. And you can now appeal the facts. But the criteria applied in the application of policy to an individual case – the core of what the IBB would do – is expressly (with a shade of Guantanamo) deemed not to be a matter of law or fact, and are therefore not to be subject to examination by the courts [cl.4(3)].

The schedule of “regulated activity” is 5 pages long in the printed copy. So you’ll have to look it up yourselves if you are interested.

The practical effect? Well, as an example, as I understand it, if the Bill were currently law, I would be committing a criminal offence in paying someone I trust to look after my elderly mother, who is currently convalescing from an operation, without both of us being made subject to official monitoring first.

Once it is in force, if you wish to be self sufficient – even if you don’t value your privacy, and are confident that theree’s nothing about you to which an official could possibly have objected in the past, and that you might not be confused with anyone else – you’ll need to know if a family member is going to be ill in sufficient time to fill in all the forms and wait for them to be processed. Better leave it to the state – which is of course always perfect.

Reserve Samizdata quote of the day

The government’s plan to help the disadvantaged was outlined in its Social Exclusion Plan on Monday.

The moral basis of the Plan was “rights and responsibilities”. That is, the right of the government to interfere in the lives of people it thinks don’t know what’s good for them, and the responsibility of these “customers” to acquiesce.

Mark Ballard pins it down precisely in The Register.

What is in a name?

Where the people of Malaysia would be without their government to do their thinking for them, I really do not know.

Malaysian authorities have published a list of undesirable titles to prevent parents giving their children names such as Hitler, smelly dog or 007.

It is a classic ‘Samizdata’ story which allows us to make fun of the silly politicians but behind it is the serious point that the Malaysian government is arrogating for itself the right to have a say in what a citizen calls him or herself. A person’s name is at the heart of their identity in many ways, and it is sad that governments think they have the right to interfere with whatever name a person chooses to call themselves.

From cradle to grave

Overseas readers often scoff at my pessimism about the state we are in in Britain. Scoff may be the wrong word. Scoffing is now under close supervision:

David Ashley, headmaster of Greenslade primary, says that pupils who bring in packed lunches “are allowed chocolate on a biscuit but not a Mars bar”. If such sweeties are spotted, parents are called in for a quiet word.
At Charlton Manor primary, the head, Tim Baker, says: “Children get stickers for healthy boxes . . . If a child brings in a chocolate bar, we take it out of the lunchbox and give it back to the parent at the end of the day.” Pupils give each other away, he confides: “They say, ‘Miss, he’s got sweets in his box’.”

Perhaps the scariest thing about the article from which that comes is the vaguely approving tone. Here is information about what is being done, no questioning that it needs and should have government attention.