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Touch-in, touch-out

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This from Your Guide to Oyster Daily Price Capping {pdf}

Once you have reached a cap, you must continue to touch your Oyster card on the card reader on every trip. If you do not do so, you may be liable to pay a Penalty Fare or you may be prosecuted.

In other words: “Even if your travel is fully paid for, we still want to know where you are.”

Is it just me, or is the Oyster logo half a pair of handcuffs?


Watching over you…

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The Independent has a terrifying story, if there is no public outcry over which, I have no hope for the short-term survival of liberty in Britain. Perhaps it is just our turn to live under totalitarianism, and our children’s and grandchildren’s too (assuming liberati and other anti-social types are permitted to breed in the well-ordered society) …

Britain is to become the first country in the world where the movements of all vehicles on the roads are recorded. A new national surveillance system will hold the records for at least two years.

Using a network of cameras that can automatically read every passing number plate, the plan is to build a huge database of vehicle movements so that the police and security services can analyse any journey a driver has made over several years.

Read the whole thing here. Then answer me this question: by what right is this power assumed? It is no doubt being done in the name of ‘public safety’, in which case where’s the democratic mandate, and when was parliament asked?

Cross-posted to Samizdata

A new kind of freedom

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As the report stage of the Identity Cards Bill approaches in the Lords, a reminder of one highlight from the first day of the committee stage Hansard, 15 Nov 2005, Col.1012:

Lord Gould of Brookwood: Both the previous speakers—the latter with great emotion—were arguing for freedom. We have to ask what greater freedom is there than the freedom to place a vote for a political party in a ballot box upon the basis of a mandate and a manifesto. That is the crux of it: the people have supported this measure. That is what the noble Earl’s father fought for. But that is too trivial an answer. I know that. The fundamental argument is that the truth is that people believe that these identity cards will affirm their identity. The noble Lord opposite said that he likes to be in this House and how he is recognised in this House because it is a community that recognises him. That is how the people of this nation feel. They feel that they are part of communities, and they want recognition. For them, recognition comes in the form of this identity card. Noble Lords may think that that is strange, but it is what they feel. This is their kind of freedom. They want their good, hard work and determination to be recognised, rewarded and respected. That is what this does.

Of course it is right and honourable for noble Lords to have their views, but I say there is another view, and it is the view of the majority of this country. They want to have the respect, recognition and freedom that this card will give them. Times have changed. Politics have changed. What would not work 50 years ago, works now. It is not just me. I have the words of the leader of your party:

“I have listened to the police and security service chiefs. They have told me that ID cards can and will help their efforts to protect the lives of British citizens against terrorist acts. How can I disregard that?”.

This is not some silly idea of the phoney left. It is a mainstream idea of modern times. It is a new kind of identity and a new kind of freedom. I respect the noble Lords’ views, but it would help if they respected the fact that the Bill and the identity cards represent the future: a new kind of freedom and a new kind of identity.

This is the sort of rhetoric that makes my blood run cold. Here’s a prefiguring example:

In our state the individual is not deprived of freedom. In fact, he has greater liberty than an isolated man, because the state protects him and he is part of the State. Isolated man is without defence.

– Benito Mussolini.

Terry Eagleton (from a review of Paxton’s Anatomy of Fascism in the New Statesman) elucidates the connection:

Conservatives disdain the popular masses, while fascists mobilise and manipulate them. Some conservatives believe in ideas, but fascists have a marked preference for myths. If they think at all, they think through their blood, not their brain. Fascists regard themselves as a youthful, revolutionary avant-garde out to erase the botched past and create an unimaginably new future.

All supporters of the old-fashioned conception of individual liberty, whether they think of themselves as left or right, conservative or progressive, must do what can be done. Resist. We should not expect any quarter for outdated ideas under a new kind of freedom.

[cross-posted to Samizdata]

Trial? What do you mean, trial?

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Civil libertarians had noticed that the Blair administration is impatient with conviction rates. We have seen real attempts to reduce the availability of jury trials and to lower the burden of proof. And we have had strong hints from the Prime Minister that he doesn’t regard the principle of innocent until proven guilty as applicable in the modern world.

Astonishingly, however, none of those is enough. A guilty plea may in future permit prosecutors to operate without court process. Idiotically the BBC captions this as “Petty criminals could avoid court“: but a better headline would be “criminal convictions without courts”. People will be convicted and punished by prosecutors and police if prosecutors or police can persuade them to confess. This is a recipe for abuse.

Magistrate’s courts may not be the most reliable finders of fact or interpreters of law, but they have no direct interest in the guilt of the defendant or in clearing up unsolved crimes. They can and do hear defenses and pleas in mitigation. They can, and very occasionally do, insist on entering a not-guilty plea if the defendant appears to be have been browbeaten or to be incapable of understanding his position.

The inevitable consequence of introducing summary police punishment will be an assertion on behalf of the authorities that those who are convicted at trial instead of submitting to official processing ought to be more heavily punished because they have somehow wasted the court’s time. Which will place the accused under more pressure to make admissions regardless of guilt, regardless of whether prosecutors abuse their position.

Black humour from John Lettice

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Commenting in The Register on the Government’s defeats in the Lords on the Identity Cards Bill, John is looking ahead:

This potentially sets up a battle where disclosure of costs is seen as a constitutional matter, and both sides claim the constitutional high ground. Given that Ministers of this administration now claim commercial confidentiality as a matter of routine when withholding information, the Lords would have a good moral case for standing its ground here.

This would of course be likely to trigger a real constitutional crisis, but as this Government has done so much to destroy the constitution already, it seems only reasonable for other people to be allowed to join in.

It would be a lot funnier, if it weren’t so true.

Another year…

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Police powers last changed significantly at the turn of the year when the Serious Organised Crime and Police Act came into effect, along with a new ‘Code of Practice’–delegated legislation in effect–under the Police and Criminal Evidence Act 1984.

That’s almost seven weeks ago, so obviously it is time to add to them. Enter the government today with yet another new police bill, the Police and Justice Bill empowering Community Support Officers in some interesting new ways.

Let’s not forget meanwhile the gentle, undisturbed, unnoted, progress of the Powers of Entry Bill which will create a common (low) standard for search and seizure warrants to be issued to officials of all kinds in relation to their functions under around 200 Acts, ranging from adoption to zoo licensing. (And including some long-forgotten items such as the “horror comics” legislation of the 1950s.)

Criminal identification

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Bureaucrats only expect compliance under threat of punishment. Other people will figure out, even if only by trial and error, how to break any system at its weakest points. See Kevin Mitnick on ‘social engineering’, or–if you are the sort of authoritarian who won’t listen to a felon but is impressed by prizes and tenure–any anecdote by Richard Feinman. I can also thoroughly recommend this post by edjog of the Distreputable Lazy Aliens website:

I don’t usually go into much detail about offences I committed whilst in active addiction, for a number of reasons which are beyond the scope of this post but, with the UK Government’s headlong rush toward ID Cards seemingly based in much part around the notion that such a scheme will reduce crime, it seems appropriate. I’ve been prosecuted for what I’m about to talk about anyway: paid my debt to society and no longer commit crime. You don’t think a self-confessed law-breaker has anything relevant to say about this issue? Fine: bury your head in the sand; it’s your taxes paying for the scheme.

Read the whole thing, as they say.

The author has kindly offered NO2ID syndication rights, so any magazines interested in new angles on the lamentable scheme for a non-webical audience should get in touch.

Rule by decree

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This bill must be scrutinised with particular care. Our report recognises that there is widespread support for removing redundant regulation and costly red tape. But the problem many people will have with part one of this bill, as drafted, is that it provides ministers with a wide and general power that could be used to repeal amend or replace almost any primary legislation.

- Andrew Miller MP (Lab, Ellesmere Port and Neston) of the Legislative and Regulatory Reform Bill which gets its second reading of Thursday.

The Bill would permit ministers to change the law by order for the purpose of : “(a) reforming legislation; [and/or] (b) implementing recommendations of any one or more of the United Kingdom Law Commissions, with or without changes.” And they get to nominate the parliamentary procedure for the statutory instrument embodying the order, too.

There are safeguards. Criminal offences and powers of entry, search or seizure, may not be created, or penalties increased above a certain level, unless a Law Commission (an appointed body, remember) has recommended it or it is as a restatement of existing law. An order may not impose or increase taxation, except as a restatement of existing law. Which rather begs the question: how, exactly, can a change in the law be “mere restatement”?


Fisking ‘the anonymous email’

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There has been a chain email doing the rounds. It seems to have caught the public imagination to the extent of being used as a source by at least three well-known national columnists to my knowledge.

There are some unwarranted speculations in it, however, and it is worth going through and picking out what’s not true, because what’s left is quite frightening enough. This is long, sorry.

You may have heard that legislation creating compulsory ID Cards passed a crucial stage in the House of Commons.

Actually it is now the Identity Cards Act 2006, and (after a strange and unprecedented delay in getting the final text published, and, unlike all other Acts at time of writing, only in pdf) is now available on the Cabinet Office website here (pdf).

You may feel that ID cards are not something to worry about, since we already have Photo ID for our Passport and Driving License and an ID Card will be no different to that. What you have not been told is the full scope of this proposed ID Card, and what it will mean to you personally.

The proposed ID Card will be different from any card you now hold. It will be connected to a database called the NIR, (National Identity Register)., where all of your personal details will be stored.

Not, quite, all.

This will include the unique number that will be issued to you, your fingerprints, a scan of the back of your eye,

The biometrics to be used have not been finalised, but probably won’t use retinal scanning (the back of the eye) which is more difficult and potentially dangerous. Home Office efforts have concentrated on iris scanning, which detects patterns on the front of the eye using ordinary visible light.

and your photograph. Your name, address and date of birth will also obviously be stored there.

Not quite so obviously, it will also include all names by which you are known (though the extent of this is very unclear: will they want your chatroom handles?), and all your residences (not contact addresses) anywhere in the world will be required.

There will be spaces on this database for your religion,

Not according to the Act. Though it could be included later under a statutory instrument. The Act permits almost every aspect of the scheme to be altered or extended by regulation.

residence status, and many other private and personal facts about you.

True.

There is unlimited space for every other details of your life on the NIR database,

Not true. It is not quite as bad as that, but also much worse. The NIR cannot be unlimited, but it will act as an index to all the details of you life held on other databases if any of the details held in it is used as a key by another organisation – as it will be highly convenient to do.

which can be expanded by the Government with or without further Acts of Parliament.

Which is true.

By itself, you might think that this register is harmless, but you would be wrong to come to this conclusion. This new card will be used to check your identity against your entry in the register in real time, whenever you present it to ‘prove who you are’.

Or indeed, if you do not present a card, but just give your number.

Every place that sells alcohol or cigarettes, every post office, every pharmacy, and every Bank will have an NIR Card Terminal, (very much like the Chip and Pin Readers that are everywhere now) into which your card can be ‘swiped’ to check your identity.

This is speculation. But it is likely the banks will be encouraged to use ID verification at every opportunity to comply with FSA “Know your Customer” requirements and the Money Laundering Regulations, as a way of cutting their own risks and costs. Home Office minister Hazel Blears told Bloomberg TV in October 2004 that there would be a biometric scanner in every doctor’s surgery.

Each time this happens, a record is made at the NIR of the time and place that the Card was presented.

True. This is an explicit aim of the Act.

This means for example, that there will be a government record of every time you withdraw more than £99 at your branch of NatWest, who now demand ID for these transactions. Every time you have to prove that you are over 18, your card will be swiped, and a record made at the NIR. Restaurants and off licenses will demand that your card is swiped so that each receipt shows that they sold alcohol to someone over 18, and that this was proved by the access to the NIR, indemnifying them from prosecution.

Speculation. Cash withdrawals could be tracked another way, in any case, if your bank account is tagged with your ID details for KYC reasons. Though the Home Office has conducted research into people’s reactions to producing the card for purchases of more than £100 and verification (i.e. a permanent NIR record) for purchases of more than £200, no plans to do this have been announced. Likewise with age checks. Home Office ministers have implied this might be a way in which ID cards would be useful to the public (“instead of having to carry around one’s passport”). And the Home Office itself also appears to have stepped back a little from its sponsorship of private age verification schemes. But no plans have been announced to compel ID card use for any of these things.

Private businesses are going to be given access to the NIR Database.

Not given. Sold. Perhaps with a bit of arm twisting. Ministers make a largely spurious distinction between access, provision of information and verification of information, but it is highly unlikely anyone outside the Home Office and Security Service will get unlimited browsing or searching rights.

If you want to apply for a job, you will have to present your card for a swipe.

With large firms, this may become true. One of the objectives of the scheme constantly reiterated is to prevent ‘illegal working’ and a whole segment of the NIR is to be deveoted to immigration/residential status, which employers are under an obligation to check. Smaller firms, one supposes will be compelled to keep records of their staff’s NIR numbers – though since national insurance numbers are to be indexed by the NIR, they would do as well – or use a verification agency, perhaps.

If you want to apply for a London Underground Oyster Card,or a supermarket loyalty card, or a driving license you will have to present your ID Card for a swipe. The same goes for getting a telephone line or a mobile phone or an internet account.

Speculation. Though it would be very convenient for large organisations that need or want a name and address to get them this way.

Driving licenses are one of the key documents that have been considered for ‘designated document’ status, i.e. registering on or verifying an existing registration on the NIR would be a condition of having one. But no designation has yet taken place. The Home Office will do it later by regulation.

Mobile phones on the other hand, are one of the items that the Home Office expressly sets its ambition to control through ID cards, in the Regulatory Impact Assessment issued in 2004. Others are renting property,and staying in an hotel.

Oyster, DVLA, BT and Nectar (for example) all run very detailed databases of their own.

True. And these would be neatly indexed by use of (guaranteed unique and government-checked) NIR numbers, which may make NIR numbers irresistable to include. Which would also be very convenient for official investigators who want information about individual’s use of these services.

They will be allowed access to the NIR, just as every other business will be.

Just not true. Certain NIR checks may be compulsory for businesses in due course. But the Act makes clear use and sharing of the data is for government purposes – anything whatsoever the government of the day may seem fit, but government purposes only. The Secretary of State may provide certain information to non-government organisations for ‘verification’, or where they are subcontracted to exercise government functions.

This means that each of these entities will be able to store your unique number in their database, and place all your travel, phone records, driving activities and detailed shopping habits under your unique NIR number.

True, in effect, though it doesn’t follow from NIR access, which they won’t get, but the convenience of cross-referencing once such organisations can be sure they are using a common unique key.

These databases, which can easily fit on a storage device the size of your hand, will be sold to third parties either legally or illegally.

We are actually talking about HUGE data volumes here, so the storage of whole databases and their exchange in physical form is fiction. But the legal and illegal trade in personal data is already a fact. NIR-referencing would make it more valuable and more flexible.

It will then be possible for a non governmental entity to create a detailed dossier of all your activities. Certainly, the government will have clandestine access to all of them, meaning that they will have a complete record of all your movements, from how much and when you withdraw from your bank account to what medications you are taking, down to the level of what sort of bread you eat – all accessible via a single unique number in a central database.

Non-governmental possibly. Through cross-referencing of those private databases they could afford access to, though, not a single magic button. Though why would they want to, except as they do now to sell you things?

Only governments (and kidnappers, blackmailers) really want to know all your activities. And government would not need ‘clandestine’ access, it has open powers both formal and informal to requisition information for investigatory purposes. Nor would it have a single magic button. (The equivalent solution in practice would involve lots of official forms and firms delivering up specified information.)

The other government use, which is wholly impractical now (though individuals can be investigated with time and trouble), but facilitated by such a system, is the ‘fishing exhibition’. This is clearly adumbrated in the short Home Office paper reviewing ‘benefits’ of the scheme for parliamentarians (though lodged in the Commons Libarary too late for any of them actually to read it before the relevant vote). The department wants to know the name and residences of everyone who owns a white van but has not yet submitted tax return this year? Cross references using the NIR make that (in principle) straightforward.

This is quite a significant leap from a simple ID Card that shows your name and face. Most people do not know that this is the true character and scope of the proposed ID Card. Whenever the details of how it will work are explained to them, they quickly change from being ambivalent towards it.

The Government is going to COMPEL you to enter your details into the NIR and to carry this card. If you and your children want to obtain or renew your passports, you will be forced to have your fingerprints taken and your eyes scanned for the NIR, and an ID Card will be issued to you whether you want one or not. If you refuse to be fingerprinted and eye scanned, you will not be able to get a passport.

All true. Though children below 16 will not, for the moment, be eligible to be entered on the NIR.

Your ID Card will, just like your passport, not be your property. The Home Secretary will have the right to revoke or suspend your ID at any time, meaning that you will not be able to withdraw money from your Bank Account, for example, or do anything that requires you to present your government issued ID Card.

True. Though perhaps not the bank-account bit, as mentioned above. He might also confiscate it temporarily if you were suspected of being a football hooligan, since all legislation that applies to passports is extended to ID cards.

The arguments that have been put forwarded in favour of ID Cards can be easily disproved. ID Cards WILL NOT stop terrorists; every Spaniard has a compulsory ID Card as did the Madrid Bombers. ID Cards will not eliminate benefit fraud’, which in comparison, is small compared to the astronomical cost of this proposal, which will be measured in billions according to the LSE (London School of Economics).

Actually, even the government admits billions. The LSE suggests tens of billions. Counting in all third party costs, that may be a modest estimate.

This scheme exists solely to exert total surveillance and control over the ordinary free British Citizen,and it will line the pockets of the companies that will create the computer systems at the expense of your freedom,privacy and money.

If you did not know the full scope of the proposed ID Card Scheme before and you are as unsettled as I am at what it really means to you, to this country and its way of life, I urge you to email or photocopy this and give it to your friends and colleagues and everyone else you think should know and who cares. The Bill has proceeded to this stage due to the lack of accurate and complete information on this proposal being made public. Together & Hand to hand, we can inform the entire nation if everyone who receives this passes it on.

Inactive for now

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Just to state the obvious, White Rose is inactive. This is due to a simple lack of time on the part of the main contributors. Work, life, other blogging… alas White Rose is currently a ‘blog too many’.

Quite possibly WR will be reactivated at some point in the future as Gawd knows the need for it has not gone away.

TTFN.

Samizdata quote of the day

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“England has 39 police forces, headed by 39 chief constables or commissioners. In the past 18 months, seven have been sacked for misconduct, suspended, placed under criminal or disciplinary investigation or forced to resign. That is not far off a fifth of the total. In the same period, at least eight deputy or assistant chief constables have also been placed under ongoing investigation, suspended or forced out for reasons of alleged misconduct. No fewer than 11 English police forces – just under 30 per cent – have had one or more of their top leaders under a cloud.”

- Andrew Gilligan

 

The Tories are re-learning the point that unionised organisations tend, over time, to pursue their self interest in ways that, unless subjected to the rule of law, will be destructive. This conduct is some way off from the ideal as set by Sir Robert Peel.

 

Samizdata quote of the day

Samizdata quote of the day

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We need to get people of all races, colours, and creeds to come together and agree with Sharon Kyle.

- Jim Treacher is not impressed by the Netroots Nation 2013 version of “diversity”.

David Thompson also likes the bit with this sentence in it.

Britain leaving the EU will be disruptive: that is (mostly) good

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In recent years it has become fashionable to hail changes and technologies that are “disruptive”. The example of Uber, the business that Brian Micklethwait of this parish and others have saluted, being a classic case in point. Of course, just because something is disruptive doesn’t make it good for the consumer. Blizzards and earthquakes are disruptive, for example. (Peter Thiel, the Silicon Valley entrepreneur, has pointed out that disruption can be a painful, if not always desirable part of the process of reaching a destination, not the desired destination as such.) Even so, it seems to be highly fashionable to praise technologies if they are “disruptive”; in my daily work-related reading it is hard to avoid seeing this or that business model as “disruptive” with the strong implication that this is a Good Thing.

Ironically enough, however, one of the most disruptive events that may occur in the next few months is if British voters elect to leave the European Union. This will, so critics of such a “Brexit” claim, create uncertainty and be clearly a very disruptive event. All kinds of assumptions of how things are will be turned upside down. My goodness, we poor little moppets might have to learn about how to negotiate trade deals, repeal, replace or cut down on legislation, or have to recalibrate our relations with other nations. There will be a lot of disruption.

And yet apart from a few isolated examples, I see few signs of the pro-Brexit camp saying that this disruption will be a positive good thing; if anything, I sense they want to play this down, although senior Telegraph journalist Allister Heath has argued that the shock effect of Brexit will be positive for the rest of the EU (such an argument is likely to be lost on the existing EU elites barely able to conceive of life outside the comforting embrace of what they have known). It would be good if the pro-Brexit campaigners could argue two things: 1, that Brexit will be disruptive and interfere with the tranquil world of certain people, and 2, that this disruption is good, healthy, necessary and likely to trigger a run of reforms and changes that otherwise are unlikely to happen.

 

 

Panama – it’s not just for the canal or the hats

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What most of us would like is for the Government to spend less and leave us with more of our own money. If Messrs Cameron and Osborne now get caught up in a tidal wave of popular resentment against the avariciousness of the rich they will only have themselves to blame for playing footsie with the Left’s analysis that wealth creation is to be despised, inheritance is evil and judicious tax planning is immoral. Rather than mount a robust Tory defence of the virtues of material success backed by lower or flatter taxes and affordable public spending, they have burnished their so-called One Nation credentials to avoid being portrayed as out of touch, privileged and posh. There may well be activities exposed by the Panama Papers that will warrant criminal investigation. But this story has been hijacked by anti-capitalist campaigners who think all our earnings should be handed over to the state to be redistributed by Jeremy Corbyn and his followers. They simply cannot understand the aspirational instincts that drive most people, and they never will.

Philip Johnston, one of the many who are writing about the Panama Papers affair.

As an aside, one issue that hasn’t been directly faced in the commentaries is this: if it is appalling for journalists to hack phones and steal private, confidential data in pursuit of politicians, celebs, etc, why is it noble and good to do so when this involves leaking millions of account details, many of which are about people who haven’t committed any crimes? Ok, it is in the public interest, will be the retort. But who gets to decide this?


A slap in the face becomes a kick in the balls for the Education nomenklatura

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A fresh instalment in the case of the man, the heroic Jon Platt, prosecuted for taking his chid out of school in term time for a holiday, but was acquitted by Magistrates. Scandalously, bureaucrats on the Isle of Wight appealed against the decision of the Magistrates to throw out the case, only to find that the High Court has found ‘no error of law’ in the Magistrates’ decision, so the acquittal remains. This has now blown back in the face of the bureaucrats, as this decision sets an unwelcome precedent with two High Court judges giving a ruling on the law, and meaning that for years, bureaucrats have harassed parents and got many to pay fixed-penalty notices on what was likely, in most cases, to be a wholly wrong interpretation of the law. As Mr Platt put it:

“Is there really 100,000 parents who are so criminally incompetent that it warrants dragging them to court?”

It appears that the scale of the problem is vast:

According to local authority data, almost 64,000 fines were imposed for unauthorised absences between September 2013 and August 2014.

And are the bureaucrats saying ‘Oh well, the law is the law, we must respect it’? If they are, I can’t hear them.

This is, of course, great news for parents in England and Wales who may now take their children on holiday in term-time without a realistic prospect of a prosecution. It also means that the old and absurd complaint about prices and supply-and-demand, ‘Oh look, holiday prices go up at half-term, how exploitative blah, blah, blah, regulate the holiday industry…‘ will be less easy for buffoons and villains to make out, and there will be a more economic use of resources in the holiday industry, taking use one more step away from the Stone Age.

What’s not to like when the light of freedom flickers more brightly?

Wastage

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A hundred years ago the British Army may not have been fighting a major battle on the Western Front but it was still taking casualties.

The Times 4 May 1916 p4

The Times 4 May 1916 p4

I make that 187 deaths. It represents the typical daily rate for the Western Front. How did these men die? Most would have been killed by shelling, or in trench raids or in machine-gun strafes while erecting barbed wire entanglements in no-man’s land. Others would have been killed by snipers. An unlucky few would have been killed in motor accidents or when shells exploded prematurely causing guns to explode or when grenades went off prematurely or in gas attacks or underground fights between tunnelers. Most of the Canadians would probably have been killed in German counter-attacks at St Eloi.

By the way, you will notice that some of the casualties are listed as suffering from shell shock. Obviously, this had become a recognised condition by this stage of the war and presumably didn’t incur the death penalty.

You are not allowed to play our game, nyah, nyah, nyah

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The Guardian is covering German finance minister Wolfgang Schäuble’s interview comments that he will not let Britain play with him or his EU friends if it does not do what he wants.

Germany’s finance minister, Wolfgang Schäuble, has slammed the door on Britain retaining access to the single market if it votes to the leave the European Union.

In an interview in a Brexit-themed issue of German weekly Der Spiegel, the influential veteran politician ruled out the possibility of the UK following a Swiss or Norwegian model where it could enjoy the benefits of the single market without being an EU member.

“That won’t work,” Schäuble told Der Spiegel. “It would require the country to abide by the rules of a club from which it currently wants to withdraw.

“If the majority in Britain opts for Brexit, that would be a decision against the single market. In is in. Out is out. One has to respect the sovereignty of the British people.”

I am left wondering what he means and why we should care. On what he means, the article does not help.

A lot of people seem to be under the impression that “trade deals” are somehow important. I am of the view that unilateral free trade is perfectly fine. If the German government wants to tax and bully Germans who want to buy things from people in Britain, that is very much the German people’s problem. It might mean that Germans buy fewer things from the UK, but does that really matter? Mainstream thinking seems to be that it will cost Jobs, but jobs are a cost. There is no shortage of work to do, so if British people spend less time and effort making things for Germans they will just have more time and effort left to make things for other British people, or people in other countries. Of course there will be some short term pain and turmoil as a result of changes, but that is true of all changes, so I think it is only necessary to consider the long term. And in the long term, as long as the British government allows us to buy things from Europe if we want to, everything will be fine.

George Osborne tweeted, “UK would have to accept free movement and pay in to EU to continue to access trade”, as if the EU would impose an embargo on us like the USA does Cuba.

Peter Mandelson said, “We cannot leave the club and continue to use its facilities.” What facilities specifically does he mean? There is an awful lot of vague language about. As far as I can tell we will still be able to visit France and bring back wine, even outside of the EU.

Matthew Elliot, formerly of the Taxpayers’ Alliance, Big Brother Watch and now the Vote Leave Campaign Committee, said, “The eurozone economies are dependent on trade with the UK. We are the fifth largest economy in the world, while many of them are in a desperate state due to the failing single currency. There is no question about it, Britain will still have access to the single market after we vote leave. It would be perverse of the eurozone to try to create artificial barriers – and would do far more damage to them than to anyone else.” This sounds about right. But then he went on to talk about the ability to “forge trade deals” with emerging markets outside of the EU, which I still see as unnecessary.

People trade with people. Governments just decide whether to get in the way or not. At least for now, UK government people on both sides of the EU debate are talking about the importance of not getting in the way. So that is one good thing.

Discussion point: would you miss it?

The one-world government logic of Remain

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One of the arguments of those wishing the UK to stay in the European Union is that if the UK decides to leave, it will still need to accept most, if not all, EU laws if the UK wants to continue to trade and interact with this bloc. (This is the position, for example, of Norway and Switzerland, or so the Remainers say.) It is all about keeping British “influence”.

The Remainers often don’t appear to realise where the logic of their argument leads. Surely it leads to the case for World government. Let’s look Westward for a moment. Consider the recent example of how the US uses a “worldwide system” of tax. Any American living abroad has to file an annual return to the Internal Revenue Service. The US recently enacted a thumpingly controversial and intrusive piece of legislation called the Foreign Account Taxation Compliance Act, or FATCA. This means any foreign financial institution must take all necessary steps to establish whether a client is American or not or, if it interacts with the US. If no such steps are taken, the FFI must pay a 30 per cent withholding tax. It means that the IRS and other branches of US government have been able to enforce a massive piece of extra-territorial legislation on the rest of the world. Many Americans can’t get access to accounts when they live abroad. The situation is a shambles. Do I hear Remain-type people arguing that we should join the US in political union to try and sort this out and “influence” the US? Of course not. In another case, that of the football organisation FIFA, it was the use of dollar-based transactions by the alleged crooks at FIFA that led to the US Department of Justice, rather than the Swiss or others, sending in the investigators to Zurich. I haven’t heard of Swiss people arguing that Switzerland should become part of the US so that the Swiss can gain “influence” in Washington over such powers.

In other words, countries that have the economic muscle to create a situation where dealing with it entails certain extensions of judicial power can have influence way beyond their borders and aren’t likely to want to have that power diluted by sharing it with others. The US is, despite the best efforts of its political class, the world’s largest economy, and likely to remain so for a while. Ironically, the US hasn’t actually signed up to many of the very cross-border tax compliance moves that it insists upon when applied in other lands. Rank hypocrisy, you might say. But what this also reveals is that when you hear a lot of fine words about “gaining influence”, what it really boils down to is brute economic wealth and power. China, for example, owns a lot of US Treasury debt, as do a number of other Asian jurisdictions, and I suspect that explains why the US hasn’t launched many noisy campaigns about evil expat “tax evaders” in that region. This isn’t edifying, but that’s reality.

The “influence” that the UK may have in the corridors of Brussels comes, if it exists at all, from the relative prosperity and hence economic power of the UK, rather than on anything else.

In fact, to gain the “influence” that involves going along with the Brussels machine as the Remainers see it requires the UK to operate under the Qualified Majority Voting system of the EU. So, on key issues, such as a proposed EU transaction tax on banks, the UK is likely to be outvoted, suffering damage to a key industry (the City). The UK is most likely to object to EU directives where the UK sees a key interest at risk, and by definition, most likely to be in a minority when a QMV process occurs. The “influence” is diluted, often in ways that hurt real UK interests. QMV may seem to benefit the larger countries, but in certain respects it means that the UK can lose key votes on issues that really matter, such as to financial services.

Competition between jurisdictions, with freedom, crucially, of citizens to be able to migrate and with open capital flows, represents arguably the best check on power that we have. A looser Europe, enjoying free trade and free capital flows, but without such centralised political power, is arguably the best outcome from a liberal (in the right sense) use of the word. World government is a deluded dream, but I fear the Remain camp is not willing to face up to where the logic of its argument is leading.

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