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Sir Keir Starmer takes the knee: a case study in the perils of seizing the moment

A year ago today, the leader of the Labour party knelt in solidarity with the Black Lives Matter movement. Here is how it was reported at the time:

The Independent: Black Lives Matter: Keir Starmer takes knee in solidarity with ‘all those opposing anti-black racism’

The Sun: ‘WE KNEEL WITH YOU’ Labour leader Sir Keir Starmer takes a knee in solidarity with Black Lives Matter and George Floyd protests

Sky News: George Floyd death: Labour leader Sir Keir Starmer takes a knee in support of Black Lives Matter movement

Sir Keir himself, on Twitter: We kneel with all those opposing anti-Black racism. #BlackLivesMatter

The Daily Mail: Labour leader Keir Starmer ‘takes a knee’ in solidarity with Black Lives Matter protesters as Parliament holds a minute’s silence in memory of George Floyd

I had forgotten about Parliament as a whole holding a minute’s silence for George Floyd, yet the BBC report has that as the headline and leaves mention of Sir Keir Starmer until far down the page.

And that is the point of this post. Heaven knows, I detest the BLM movement as it actually is: an engine for manufacturing racial hatred founded by self-described “trained Marxists” whose goals are, not surprisingly, Marxist. But if you got your news from the BBC or the Guardian in June 2020, you would not have heard about all that “We disrupt the Western-prescribed nuclear family” stuff. Come to think of it, you probably still won’t have heard about it from those sources in June 2021.

It must have seemed a reasonable move at the time. The day before hitting the carpet, on June 8th 2020, Sir Keir had participated in a radio phone-in hosted by LBC’s Nick Ferrari in which he talked about the toppling of the statue of Sir Edward Colston and said,

“It shouldn’t have been done in that way, completely wrong to pull a statue down like that,” he said. “Stepping back, that statue should have been taken down a long, long time ago. We can’t, in 21st century Britain, have a slaver on a statue. A statue is there to honour people.

“That statue should have been brought down properly, with consent, and put, I would say, in a museum.”

This nuanced line had gone down rather well. Most of the callers were polite. In the press, many of the comments on his performance were favourable, even in outlets like the Mail or the Sun that are traditionally hostile to Labour.

How natural, then, to balance out that right-wing law ‘n’ order talk with a harmless gesture to show he was still on-side. Everyone else was doing it: the UK Parliament as mentioned above, a bunch of senior Democrats in the US, the Metropolitan Police in London and many others worldwide.

Yet Sir Keir kneeling is now widely seen as a political disaster. Looking at the trendlines of Sir Keir’s performance as Leader of the Opposition as measured by YouGov, “doing badly” is not much affected but “doing well” flattens out there and then, and, crucially I think, the numbers saying they “don’t know” suddenly decrease. There were quite a lot of people who started to have an opinion about Sir Keir as a potential prime minister when they saw him on his knees.

Samizdata quote of the day

And frankly, a lot of what DARPA did was crap, like SDI. They had successes, but if you spend decades doing research projects some are going to work. The question is whether this works better than leaving money in the pockets of the likes of Dyson and Bezos, or whether the government should take a shot.

The UK version doesn’t have a government customer. It’s being led by the department of business, energy and industrial strategy who are some of the most worthless of all bureaucrats in government. People like Amanda Solloway are going to pick the person to lead this. Do you want someone who thinks HS2 is a super great idea selecting the person who is going to pick where to direct blue sky research?

Tim Worstall

Ribbons tied in a bow

Eight days ago I posted about Marion Millar of Airdrie, Scotland, who was summoned to a police station for a compulsory interview over allegations that she had posted homophobic and transphobic tweets.

She has now been charged.

“Activist Marion Millar charged with sending homophobic and transphobic tweets”, reports the Times.

Marion Millar, 50, from Airdrie, was charged under the Malicious Communications Act for tweets published in 2019 and 2020. If convicted she faces up to two years in prison.

The messages investigated by officers are understood to include a retweeted photograph of a bow of ribbons in the green, white and purple colours of the Suffragettes, tied around a tree outside the Glasgow studio where a BBC soap opera is shot.

It is one at least six tweets reported to Police Scotland. The nature of the others is unclear. Millar, who owns an accountancy business, was bailed to appear at Glasgow sheriff court on July 20.

Her supporters said that the prosecution was an attack on the rights of women to express themselves.

Added later: The Times has turned off the comments to its account of the Marion Millar case, presumably for fear of committing contempt of court, so the readers have taken to making veiled allusions to it when commenting on other stories in the paper’s Scotland section.

A couple of the Scottish papers have also reported on the case:

Feminist campaigner charged with ‘hate crime’ – Tom Gordon in the Herald.

Woman charged with malicious communication over ‘transphobic’ tweet – Gina Davidson in the Scotsman.

Samizdata quote of the day

The United States under Biden and Harris and the UK under Boris Johnson are set to travel in very different directions. While America is accelerating down the segregationist cul-de-sac; Britain is seeking a way out.

Alex Story

Anti-lockdown protest in London

My prediction: BBC will highlight the vastly smaller anti-Israel protest elsewhere in London rather than this anti-lockdown protest (assuming they even report it at all).


→ Continue reading: Anti-lockdown protest in London

A Cambridge education

“Cambridge professors fight plan to let students file secret racism denunciations”, reports the Times.

For David Abulafia, a distinguished professor of Mediterranean history at Cambridge, the launch of a university “reporting tool” encouraging students to denounce people for “micro-aggressions” was particularly sinister.

An ancestor, Samuel Abulafia, was arrested in the 15th century during the Spanish Inquisition for maintaining Jewish practices after Jews had been expelled from the country. The man eventually changed his name to Lopez so that no one would recognise his origins. Another Abulafia was one of the first to be burnt by the Inquisition for the same crime.

Today Abulafia, a bestselling author and historian, believes that the new tool allowing students anonymously to accuse members of faculty of “racism, discrimination and micro-aggressions” draws from the same well that gave birth to the barbaric Inquisition.

The list provided by the university of transgressions includes “raising eyebrows when a black member of staff or student is speaking” and making “backhanded compliments”

Professor Abulafia also makes the following point:

“As for reporting someone if you feel they have committed a micro-aggression against you, this may actually hinder minorities as lecturers could be apprehensive about providing them with one-to-one tuition in case they make a perceived transgression.

For the Woke, that is not a bug but a feature. The last thing they want is for minority students to flourish at Cambridge or any other British university. Where would the cadre come from then? The plan is for minority students to emerge angry and embittered at the way their tutors and lecturers never seemed to quite trust them.

The point is that anyone can do this to anyone

Don’t like what someone says on social media? Don’t worry, with just one phone call you can arrange for whoever said it to have to tell their autistic kids that mummy has to go away and doesn’t know when she’ll be allowed to come back.

“I can’t sleep, says accountant Marion Millar in trans tweet row”, reports the Times.

Marion Millar, an accountant from Airdrie, North Lanarkshire, was told to report to a police station over allegations that she had posted “homophobic and transphobic” tweets.

Her account of her ordeal has been viewed by millions of people on social media. Millar, who works for For Women Scotland (FWS), a feminist group, wrote: “On April 28 I received a call from a PC Laura Daley from Police Scotland requesting I attend an interview under the malicious communications act. She told me I had to attend East Kilbride police station so I could be then transported to Cathcart station in a police car because I would have to go to a station where there are holding cells.”

Millar was told that social workers would be sent to look after her young twin boys, who are autistic, while she was questioned.

“This nonsense has been hanging over my head for a month,” she said. “I still don’t know what the offending tweet is. Anyone who knows me knows I am not homophobic or transphobic. ”

A spokeswoman for Police Scotland said: “We received two complaints regarding comments made on social media, enquiries into this are ongoing.”

To comply with human rights legislation interviews have to take place at a station with custody suites, which East Kilbride does not have.

I cannot but admire the elegance of using the supposed protections offered by human rights legislation into a vehicle for twisting the knife a little more. Shame if you aren’t allowed to return home, love. But don’t worry, we have a nice custody suite.

Some of you might think this is an example of what a oppressive place Scotland is becoming now that the Hate Crime (Scotland) Bill has been passed. If so, you are wrong. It is an example of what an oppressive place Scotland already is under existing law. Ms Millar was summoned for offences under the Malicious Communications Act. And before English, Welsh or Northern Irish readers feel superior, let me say that as far as I know that same 1988 Act applies to the whole of the UK. As I said in a post from 2012 called “The kraken wakes”, despite its obvious potential for oppression, for the first twenty years or so of its existence the Malicious Communications Act 1988 did not seem to do much harm … but you are not safe just because a monster sleeps.

Samizdata quote of the day

Unless someone invents a way to store energy in massive bulk, Net Zero will mean quivering under duvets in the dark on windless winter nights. We are on the path to poverty, misery and a failure to inspire the world to decarbonise.

With costs not yet apparent in people’s lives, MPs have been content to rub along with consensus, dealing with more immediate existential crises, like the political fiascos over Brexit and the pandemic. Only now, with Brexit behind us and as the economy and life open up after the pandemic, a few commentators are starting to question whether families, businesses and the UK economy as a whole can really afford the astronomical costs of renewables. Ministers urgently need to respond candidly in full to those questions.

If ministers don’t obtain and maintain the consent of the public for Net Zero now with full and frank explanations of the costs and changes ahead — as they relentlessly have not during the panic of the pandemic — eventually there will be a terrible revolt. Fear will not be enough. Even the “nudging” government scientists currently engaging in it confess that, “using fear as a means of control is not ethical” and it “smacks of totalitarianism”. Is this really who we want to be?

Steve Baker discussing the Net Zero insanity.

Unfortunately, if the last year and a half have shown anything, yes, that is indeed “who we want to be”, or at least a great many people do. But until the Tories not just abandon Net Zero but actively repudiate it, there is no way in hell I will even consider voting for them at any level of government.

Samizdata quote of the day

While Dr Fauci’s wisdom is questioned openly, Britain is haunted by the presence of Prof Neil Ferguson, who repeatedly returns to our screens like a bad horror movie. Rarely has any expert in British life been more wrong about so many major things, and yet still he crops up, where he is given a respectful audience at government level and by most of the media. His latest appearance has seen him warning — with the Prime Minister following suit — that the Indian variant of Covid might necessitate delaying the end of lockdown. But what is striking is not just that Ferguson gets away with repeatedly being wrong, but that his constant urges for greater caution are not balanced by any force urging the opposite.

Douglas Murray

CMV: the threat to liberty from mandatory voter ID is insignificant

“CMV” stands for “Change my view”. It is the name of a subreddit where people go to argue, expecting disagreement, as I expect it now.

In the most recent Queen’s Speech, Her Majesty told the Lords and the Commons that “My Government will invest in new green industries to create jobs”, but there were serious proposals as well. She also said, “Legislation will be introduced to ensure the integrity of elections”. This was a reference to the proposed Electoral Integrity Bill. You can read the Hansard account of the debate in Parliament here. Chloe Smith MP, who it appears is the Minister for the Constitution and Devolution, there’s posh now, said,

Asking voters to prove their identities will safeguard against the potential in our current system for someone to cast another person’s vote at the polling station. Showing identification is something people of all backgrounds do every day.

Northern Ireland has used voter identification in its elections since 1985, and expanded this in 2003 during the last Labour Government. In the first general election after photographic identification was introduced in Northern Ireland by the then Labour Government (2005), turnout in Northern Ireland was higher than in each of England, Scotland and Wales. Since then, the experience in Northern Ireland has shown that once voter identification is established as part of the voting system the vast majority of electors complete the voting process after arriving at the polling station. A wide range of countries, such as Canada and most European nations, require some form of identification to vote.

New research published yesterday on www.gov.uk clearly indicates that the vast majority of the electorate of Great Britain, 98% of electors, already own an eligible form of identification, which includes a broad range of documents and expired photographic identification.

And, um, that sounds fair to me. Note that the Northern Irish Electoral Identity Card is not required to be shown before one can vote. It is but one of several acceptable forms of ID, and is issued free of charge to those people who don’t have any of the other forms so that nobody will be unable to vote due to poverty. It is not the abominable high-tech integrated without-this-you-starve Identity Nexus proposed by the Right Honourable Tony Blair. My opinions on that have not changed since 2003. To look at, the Northern Irish Electoral Identity card is a poxy little photocard that looks like it was issued by your local library. This lack of sophistication, the fact that you only need the effing thing once every five years or so, and the fact that voters have been obliged to show ID before voting in Northern Ireland for years without any obvious bad consequences, lead me not to fear the rollout of a similar scheme in the rest of the UK as the first step on the slippery slope towards a national ID card.

As to whether a legal requirement to show photographic ID before one votes is a thing good, bad or indifferent in itself, that is a separate debate. Dawn Butler MP, writing in the Times, says, “This, to me, is nothing more than a cynical attempt at voter suppression by our government — and it must be stopped. It mirrors some of the subversive tactics deployed in some states in America.” Jess Garland of the Electoral Reform Society writes in the Guardian that it would undermine democracy. Over in the US, where the state of Georgia has recently passed its own Election Integrity Act, President Biden said a thing about eagles.

Samizdata quote of the day

Conservatives? What conservatives? The Conservative Party of 2021 is Blairite ideologically, not conservative. If I wanted ruinous NetZero policies and even more state control over civil society needed to impose them, I’d vote for the Green Party. But if I’m going to get those policies even if I vote Tory, then why on earth would I vote Tory?

The educational & media establishment are now utterly dominated by the far left, with the Tories asleep at the wheel the whole time. Woke culture backed by regulation is now rapidly spreading into Big Business, with the Tories equally lackadaisical. And is there a single aspect of civil society not now regulated by the state? If the Conservatives have no interest in conserving civil society, rather than nationalising it, then you people are utterly pointless. If you were a company, you’d be prosecuted under the Trade Descriptions Act for calling yourselves conservatives.

After having only ever voted Tory all my life, the spell was broken in the final Euro elections when I voted BXP. I will not be voting for you people again.

Perry de Havilland, replying to “Now is a great time to be a Conservative.”

The King can do no wrong

George Archer-Shee died at nineteen, in what might almost be called a natural death for a young British man of his class at that time – he was killed in the First Battle of Ypres. His name is inscribed on the Menin Gate but he has no known grave.

He shared the manner of his death with thousands of others, but, quite against his own wishes, his short life before that had taken an unusual turn. At the time of his death he had been famous for six years.

It all started in 1908 when George Archer-Shee was thirteen and a cadet at the Royal Naval College, Osborne. He was accused of having stolen a five shilling postal order intended for another cadet. An elderly post office clerk said she remembered Archer-Shee as having cashed two postal orders that day, one of his own (which no one denied) and the stolen one. Archer-Shee protested his innocence to no avail; he was expelled without much ceremony.

That should have been that, a minor story of Edwardian disgrace, but his father refused to take it lying down. He engaged one of the most celebrated lawyers of the day – Sir Edward Carson, famous for many reasons, some of which are still controversial today, and determined to pursue the case to the highest court in the land. But there was a slight problem: if I have understood it right, at that time one could not sue the Crown.

Quoting a 1939 article in the Pennsylvania Law Review:

It was early recognized in England that while an action could not be brought against the King, yet as the “fountain of justice and equity” he would entertain petitions from his subjects for the redress of their wrongs; and it was established during the reign of Edward I that the subject might bring a petition of right, which, if approved by the King, would be heard in his courts. The King indicated his approval of the petition by writing on it, “Let right be done”. A petition of right, as distinguished from a petition of grace, asked “for something which the suppliant could claim as a right, if the claim were made against any one but the King”. Originally a petition of right was employed only to recover some interest in land, and there was doubt whether it would lie to recover chattels, but by the time of Henry VI it was settled that it would lie for the recovery of goods and chattels. It was not until 1874 that it was decided that the petition would lie for breach of contract. It would never lie for a tort, for the King can do no wrong.

At the time the petition of right was filed in the Archer-Shee case the law was clear that those in the service of the Crown, whether military or civil, could be dismissed at will and were without remedy by petition of right or otherwise.

Carson won in the end, as he usually did. Archer-Shee was exonerated. And the important precedent was set that the King can do wrong, and can be sued.

So far, so Whig history. The setting of that precedent is how I come to know about the case. I think I read a rather good account of it and why it mattered in Look and Learn magazine in the mid 1970s. Terence Rattigan wrote a play loosely based on the story called The Winslow Boy. It has been filmed at least twice.

But a more recent event also involving the Post Office – and the refusal of the Post Office to admit the possibility of error – and the refusal of the British State as a whole to admit the possibility of the Post Office being in error – and the blackening of the names of innocent people – made me think that we need to learn that lesson again.

Let the BBC tell the story:

Post Office scandal: What the Horizon saga is all about

A group of former sub-postmasters and sub-postmistresses have seen their names cleared at the Court of Appeal after the UK’s most widespread miscarriage of justice.

It marks the latest stage of a computer scandal, and a long and complex legal battle, which could leave the Post Office with a huge compensation bill.

Between 2000 and 2014, the Post Office prosecuted 736 sub-postmasters and sub-postmistresses – an average of one a week – based on information from a recently installed computer system called Horizon.

Some went to prison following convictions for false accounting and theft, many were financially ruined and have described being shunned by their communities. Some have since died.

Edit: In the comments Rudolph Hucker pointed out that the doctrine driving the Post Office’s reckless prosecution of so many of its own employees bore an even closer parallel to the doctrine, supposedly overturned by the Archer-Shee case, that “the King can do no wrong” than I thought. He linked to a piece from the radio station LBC called ‘The Post Office were mendacious in the way they denied justice’ The title is a quote from Nick Wallis, a journalist who has been covering the Horizon scandal for many years.

Due to its long legacy, the Post Office has a “proximity to state power that is almost unparalleled.”

Mr Wallis continued: “It was able to use its own investigation and prosecution units to bypass the CPS and the police force to prosecute its own employees to the tune of one a week for 14 years. There were 736 successful convictions just using Horizon IT evidence.”

He told Shelagh that when the Post Office found out its prosecutions may be unsafe, “they covered it up.”

“They went out of their way to say to campaigning MPs and the Justice for the Postmasters’ Alliance that nothing was going wrong with the IT system and there was nothing wrong with their prosecution.”

They then “threw tens of millions of pounds trying to deny the subpostmasters justice,” Mr Wallis said.

“They were mendacious in the way they went about denying justice and they colluded with the Government in order to do this, because the Government is 100% shareholder of the Post Office and it has skin in this game.