THE LAST DITCH An Englishman returned after twenty years abroad blogs about liberty in Britain

Posts categorized "COVID 19" Feed

Of a particular Crown Court jury

I was picked for a jury in the end. Our verdict was delivered last Thursday. I can now discuss the case and the proceedings in court but it remains illegal to discuss our deliberations. I will say nothing here about what went on in the jury room. All opinions are my own. I do not speak for other jurors.

I won't identify the case though you may guess from the details here. I am sure the defendant will be pleased if you do. He's a full-time political campaigner and told the court repeatedly that he wanted to be arrested and charged so he could have his "day in court" to speak out about "the real criminals" in HM Government. He claims to have played the Metropolitan Police and Crown Prosecution Service for fools in order to achieve that goal.

I suspect he will have been disappointed. The trial attracted little press interest. All accounts I have seen since it ended (I didn't look while it was in progress, as directed by the judge) are identically worded so probably came from a single agency. The defendant will have hoped for more journalists to show up. 

The defendant estimates his impact on the world very highly. On the day he was arrested, he was protesting a suggestion that HMG might send teams armed with COVID-19 jabs into the homes of the unvaccinated. He believes that plan – which he described as terrorism – was never implemented because of his actions that day.

I doubt the idea would ever have been acted upon. Even taking needles to the doorsteps of the potentially unwilling would not have gone down well, let alone the forced vaccinations he seemed to think were intended. The vaccination teams would have needed police protection and the "optics" in a world where people film such things on their mobile phones would have been awful. 

The defendant's motivations were only relevant to understanding why he was there that day. They were not relevant to his guilt or innocence. He wasn't prosecuted for his opinions. In fact, his own video showed the police officer waiting patiently while he expressed his opinions on a FaceBook live stream.

He was arrested outside the home of a prominent politician. His arrest was for criminal damage due to a miscommunication between police officers. Accepting he had not committed that crime, the CPS authorised an intent charge instead. He was indicted for taking objects (posters and glue) to the scene with intent to cause criminal damage. 

He had been arrested fourteen times before but never brought to trial. It would have been easier to get his day in court if he had been more robust in his actions. He was keen to point out that he abhorred violence and differentiated himself from the "Stop Oil" protestors prepared to commit crimes to make their point. He seems to have been carefully calibrating his actions so as to get arrested without offering any violence. I think he might well have been released without charge for a fifteenth time if it were not for the police miscommunication.

He claimed in court he brought the posters and glue to give the impression that he was going to put them up. He did so to get arrested and charged. The Crown's evidence was his video saying he would put up the posters and redacted extracts from a police interview in which he said several times that he would have done so. He had lied to the police so that he would be arrested and charged. He never intended to cause criminal damage. He just wanted his "day in court". 

It seems to me he was guilty of wasting police time by telling those lies. The Criminal Law Act 1967 says;

Where a person causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed, or to give rise to apprehension for the safety of any persons or property, or tending to show that he has information material to any police inquiry, he shall be liable on summary conviction to imprisonment for not more than six months or to a fine of not more than two hundred pounds or to both.

So his defence to Crime A was that he had committed Crime B.

The defendant was the only defence witness. I found it hard not to smile when his counsel earnestly pointed out her client didn't have to give evidence. It was obvious that time on the stand was his goal. Prosecution counsel tried to keep him to the point in cross-examination but his own counsel (probably on instructions) let him ramble. The judge was polite to the point of indulgence in this respect, but did cut him off a couple of times when he strayed too far from the subject at hand.

His opinions were irrelevant to his guilt or innocence. It didn't matter what was on his posters or why. All the jury had to decide was whether we were sure he intended to glue them to the politician's home. The judge's summing up and directions were clear and painstakingly impartial. He said the defendant claimed to have been "bluffing" to the police about his intentions, rather than "lying", for example. There were three components to the alleged crime; having the materials, intending to use them and lacking a lawful excuse. There was no dispute about his having the materials and no suggestion of a lawful excuse. 

We returned a verdict of not guilty and I am comfortable with our decision. I am also comfortable with our jury system. After this experience, I am happy and relieved still to retain my confidence in this ancient institution. We took our responsibilities very seriously. We discussed all relevant issues at length and came to a mature conclusion on the evidence. I was actually rather impressed.

From time to time, especially when juries don't deliver the results our establishment would like, there is pressure to "reform" the jury system. Such suggestions should be resisted. In general, though as Kant said "Out of the crooked timber of humanity, no straight thing was ever made",  juries do justice rather well. If I were charged with a crime of which I was not guilty, I would want a jury to decide my fate.

There's much scope for reform of criminal justice in our country. The courts could certainly be far better run. The time wasted is horrifying. That horror is amplified by the calm acceptance of it by officials to whom it is obviously normal. To be fair perhaps that's because my life was spent in the private sector where time is money and money is survival? Maybe fellow jurors from public sector backgrounds were not nearly as shocked by all the faffing about?

I don't think so though because this was not my first experience of it. I began my legal career in the 1980s doing criminal defence work. The partner who offered me that job was a renowned specialist. The law had recently been changed to allow specially-qualified solicitors to appear in higher courts. He found out I had done well in the first advocacy training course for solicitors to lead to that qualification.

I enjoyed advocacy and was probably suited to the work. I had wanted in my youth to be an actor and, to be honest, I liked the performative aspects. I gave it up after a year to do commercial work partly because I hated the amount of time wasted on waiting around. The courts were as organised as any monopoly needs to be – i.e. not at all. I couldn't imagine a life driven by that. This week reassured me I chose correctly all those years ago.

Screenshot 2022-11-05 at 06.06.45As someone with a real estate background I was also shocked by the poor design and layout of the modern buildings housing the court.

In the private sector HM Government is known as "the simple shopper." All its spending is in Milton Friedman's fourth category of "someone else's money spent on someone else." It's famously useless at purchasing; typically securing neither quality nor value.

I can only assume, from the sublimely inefficient layout, that the architects who designed our court building saw "the simple shopper" coming a mile off.

The biggest difference from my long-ago experience of the courts was all the technology. Not only are there laptops and tablets everywhere, it has affected evidence-gathering too. Back in the day, the jury would have heard about the events in this case from policemen reading (with permission) from their (paper) notebooks. We got to see the events over and over again on video from FaceBook.

As in so many aspects of modern life, we have more data to process. The question is whether it leads to better decisions or just wastes more of our time. On that, gentle reader, the jury is still out. 


New Year, Old Story

Firstly, some sad news. Some of you will  – like me – have once followed JMB's Blog Nobody Important. It's open only to invited readers now but back in the heyday of blogging (when we all thought citizen journalism was going to change the world) you will remember her often mentioning her husband, whom she dubbed "The Old Scientist". I am sorry to report that he has passed away at the age of 89. I had the pleasure to meet him just once, when I stayed at their home in Vancouver on my North American road trip in 2013. He was a decent man who lived his life well and I feel for my friend in her loss.

Secondly, as I seem to have exposed more of my personal life than usual of late, just a brief report that – though my situation is as sad as before – I am getting on with my life and feeling better. I had a good run in Speranza to visit my parents last weekend. There are not many Ferraris in the world with over 91,000 miles on the clock, but (touch wood) she's in fine fettle and running well. I don't know why I don't drive her more. Call me shallow and materialistic, but she lifts my spirits every time. It is hard to feel sorry for yourself on the open road at the wheel of a bella macchina. I can't wait for borders to be properly re-opened so I can visit my friends on the Continent. 

Thirdly, a brief "state of the nation" summary from my point of view. If you think I am wrong, please tell me. Trust me; I would love to be wrong. 

It is gradually dawning on the British public that they've been had over COVID. They still don't tell the pollsters so but it's becoming an object lesson in the difference between stated preferences (which often signal "virtue" or seek to give the questioner what s/he wants) and revealed preferences (shown by how we behave in practice). For example, when out and about in London it's clear that only state fanatics and submissives are still wearing masks. I dutifully obeyed when on public transport in London for most of the Scare, but now I just carry one to wear if challenged by an official. Most travellers are not wearing them and the submissives now dare to do no more than cast a stink-eye. I hope the divisive hatreds stirred up by Government propaganda will now die down but I fear that many friendships have been irremediably broken. 

Most of the West panicked in a very similar fashion, though Florida has thankfully provided a control group for an experiment that would otherwise have lacked one. As data reveals the ineffectiveness of non-medical interventions (the use of state force) we can therefore expect a united front from the global establishment and its lickspittles in the media. Data will be spun. Evidence will be bought, paid for and rigged. Every government will point at all the others and say "we followed global best practice based on the data we had at the time." That may have been true for a month or two at the beginning but it's clear now that the British Government, for example, knew damned well that its tyrannical measures were not necessary. The real scandal of "partygate" is not that Downing Street civil servants at the heart of the state apparatus ignored the law. It is that their conduct reveals they knew their propaganda was false and/or wildly exaggerated. 

If they believed what they told us, the law would have been irrelevant because they would have been too scared not to comply. 

The British Establishment is safe however. Not least because, as it metaphorically thrashed the British public, HM Opposition's only complaint was that the whip was not thick enough, was not applied soon enough and was wielded with insufficient vigour. The Labour Party is not going to hold HM Government's feet to the fire for forgetting our every liberal tradition because HMG's ripostes will all be examples of Labour's demands for more, more, more state violence. 

It's hard to say now (as I have believed my whole life) that Labour cares less about Liberty than the Conservatives. I am not sure the latter has left any space at the authoritarian end of the political spectrum for Labour to occupy. The "Conservative" knee-jerk reaction to a perceived threat was to boss us all about in excruciating detail, while borrowing on a colossal scale to throw public money at the problem. If a Labour manifesto were ever to be written in plain English, that's pretty much what it would say. As "Conservative" support for government tyranny weakened, Boris Johnson, in effect, became the Leader of the Labour Party – herding its lobby-fodder to vote for his measures. Every time he wrote about Liberty (and he has done so many times in his career as a journalist) he lied. He may be the cleverest PM we've ever had, but he's also (and I recognise this is a huge claim) the least principled.

Intelligence without principles is more dangerous than the politicians' usual dozy uselessness. I see no better replacement from either side of the House, but he must go. 

I cannot imagine ever bringing myself to vote again. I have always voted (as I remember explaining to my Polish teacher as she prepared to vote for the first time in the immediate post-Communist era) in the cynical manner of an intelligent citizen of a long-standing democracy. I know them all for rogues. Their aspiring to have power over their fellows while living on them parasitically reveals them as such. So I have always voted for the robbers who would steal – and the thugs who would bully – less. I never saw my vote (except perhaps during the Thatcher years) as anything more than a damage-limitation excercise. When push came to shove, however, it seems – even in my world-weary cynicism – I was deluding myself.

Can we hope for any useful lessons to be learned from the pan-panic? When the butcher's bill is received for the non-COVID patients killed by state action, will it give politicians pause for the next emergency? We can hope so. I fear what they have mostly learned, however, is that if they deploy their psychological-warfare "nudge" units effectively enough, they can get us to put up with far more than they'd previously dreamed of. Buckle up, friends. I suspect you're going to see more of your governing classes than you previously feared.


The uses of Law

In an interesting article in today’s Sunday Telegraph, Dan Hannan (arguably the British politician I least despise) makes some sensible points, which you can read yourself here

In the course of that he says indignation about #PartyGate is misplaced because, amongst other reasons, no-one strictly complied with last years COVID rules. Of the critics condemning the alleged “gathering” he says;

My point is not that they are hypocrites; it is that the rules are wrong. Laws that no one follows are, by definition, asinine laws. By all means blame politicians. But blame them for imposing these absurd prohibitions in the first place rather than for behaving like everyone else.

Hannan has a decent mind and sound instincts, but here he strikes me as naive. We tend to think of laws as rules proscribing bad behaviour or (less often) mandating good behaviour. Practising law for a few decades as I did will make a cynic of the best of us but even a politician should know there’s another use of law — to absolve a rule-maker of responsibility.

In the private sphere, if more of us read the “standard terms and conditions” we sign up to blind (often these days on a “click through” basis) when contracting for goods and services, we’d find rules the suppliers never plan to enforce. Their lawyers put them there to ensure that in myriad circumstances — foreseen and otherwise — where a problem might occur, their clients won’t be legally at fault.

If your child finds a website that encourages her to commit suicide for example, the company hosting it will point to a rule forbidding such use of its services. It didn’t make the rule so that it could enforce it. It has no employees combing its servers for breaches. It made the rule so it could point to it when your child dies. That’s a dramatic example, but there are millions of others to which you would probably say “fair enough.” Businesses couldn’t sell many goods and services economically if they were expected to take the blame for any wicked use of them.

The fact is that in the public sphere government uses law in similar ways to address what spin doctors call “the optics” of a situation. It feels that “something must be done” about a perceived harm and will often promote new legislation without even considering whether existing law covers the matter. How many of the thousands of new crimes created during and since the Blair years can you name? If it’s any consolation, I bet your MP can’t name any more than you.

The government didn’t make it illegal to visit your gran, hug your mum at your dad’s funeral or have sex with your new girlfriend with any expectation that you’d be so servile as to comply. It did it so that, if any of those ladies contracted COVID, it would be your fault. That’s why Number 10 staff partied, Cummings conducted motorised eye tests and Hancock and Ferguson shagged.

The intent of the law was neither proscriptive nor prescriptive but exculpatory. It was one rule for everyone, but no one was seriously (in those circles in the know) expected actually to comply. This is a subtler complaint than the angry “one rule for us and another for them” beloved of bar room ranters, but in its way it’s actually worse.

I have used this quote from Montesquieu so often that regular readers will be able to sing along in the original French;

If it is not necessary to make a law, it is necessary not to make a law.

He also said — and how this still resonates today;

There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice

You’d expect a libertarian to be cynical about laws, but anyone should be able to see the damage that such “click through” criminalisation does to respect for Law itself. I suspect the British government was as surprised by the servility of its citizens as I was disgusted. I tremble to think of our future now that it realises how weak we mostly are.

That said, I hope the mishandling of the pandemic by democratic governments almost everywhere will lead even the most servile to an understanding that Law is a dangerous tool that is lethal when misused. Make too much of it too lightly and you make criminals of us all — with criminal attitudes to compliance rather like Captain Sparrow’s approach to the Pirate Code — or Dan Hannan’s approach to the Highway Code!


What the British State has learned from COVID

No-one escapes the consequences of the government's response to the COVID pandemic, but the Paine Family has escaped unscathed from the virus itself  – so far. My elderly parents were vulnerable because of their age and health but have managed to steer clear of those hubs of infection - care homes and hospitals. Until this week.

I am currently staying with my frail, elderly mother while my frail, elderly father is in hospital. He collapsed when he attempted to get up on Sunday morning. He was retrieved from the floor and returned to his bed by kindly neighbours. He was eventually hospitalised on Sunday evening after a grandson had spent hours on the phone to medically-unqualified, algorithm-driven NHS gatekeepers in call-centres.

I say hospitalised but gurney-ised would be more accurate. He was not diagnosed until Monday morning when he was finally taken off his trolley, admitted to a ward and given antibiotics. Too late, it seems because he had developed sepsis (one of the most common agents of death in emergency care). Crowds of medics materialised and his life seems to have been saved from the threat their previous absence had quite possibly caused.

This sob story has, I promise, a point. The experience has exposed us directly to the interesting way in which the government health service in Britain has responded to the pandemic. My mother, my sisters and I faced a situation in which Dad seemed likely to be lost to us, but we were forbidden to visit him or be at hand. In normal times, we would have had opportunities to speak to his consultant. Instead we have a number to call. Sometimes a recorded message tells us all staff are busy. Sometimes an anonymous voice summons a staff nurse to give us an update. Sometimes she comes. Sometimes another anonymous voice tells us she's too busy.

After forty-eight hours of that, I asked if it was possible to speak to the consultant. This seemed to be considered a radical request. However I was given a name and told to call the main switchboard and ask for his secretary. I did so and left a message on her answering machine. I called again the next morning and left another. I then got a call saying my message has been passed on and "he knows you want to speak to him". I am still waiting. Despite her careful choice of words, I take some hope from the fact that his secretary did not seem to think it lese-majesté on my behalf to ask.

It's quite shocking how normal this all now seems to NHS staff. They seem actively to prefer not having to deal with the families of patients. Assuming (as I think is reasonable given the staff nurse's response to my request) that most families don't ask to speak to consultants, they at least must have a more relaxed life than usual. I suppose it's up for debate whether the time staff nurses spend on the phone to families is more or less than the time they used to spend dealing with them in person. 

I find it hard to imagine a socialised service untrammelled by market mechanisms will ever return to its old standard now the public has meekly accepted this kind of service. One of my sisters said that "someone will have to give them a rocket" but who, pray, is likely to do that? The Labour Party is the political wing of the public sector unions and the "Conservative Party" is now – at best – New Labour reborn.


Heresy and the clerisy

Reader Ian emailed me a question and was kind enough to hope it would provoke a post. It has. His email was long but the crux of it was this;

Why do you think commentators are so keen to present the "anti-vax" side as deranged?
 
The entire public debate seems to be "they work" so "you should take it" and if not you are an idiot who wishes harm on others.
It's a good question. I won't debate the pros and cons of the various vaccines, but will try to analyse why rational debate is so difficult. I have never been shy of expressing my views but even I have gone quiet during COVID.
 
My first thought is that it's a function of how un-nuanced public discussions have become. Many now conduct political debate at a comic book level. If your opponent is evil rather than misguided, your response is more severe. Ian and I thought about the vaccines and took different decisions but think no less of each other for that. If we functioned quasi-religiously, we'd cry heretic at each other and threaten hellfire.
 
It reminds me of an old post called Credo in which I lamented my loss of faith. As a first-generation atheist, I am still functionally Christian. I feel guilty if I break one of the commandments, even though I don't believe they came from God. The fully godless however tend to seek substitutes. Religion fills some need in our psyche and when it's gone we are vulnerable to other nonsenses-on-stilts. As Chesterton said;
When a man stops believing in God, he doesn't then believe in nothing, he believes anything"
Whatever the rights and wrongs of any given issue; political, societal or economic, it cannot be good if they can't be discussed. Traditional Marxism, for all its faults, was (at least in Western academia) a genuine attempt to analyse social and economic interactions rationally. Its thesis was finally discredited when the fall of the Berlin Wall was followed by a rapid and undeniable improvement in the lives of Eastern Europeans. Free markets delivered in a few short years what had been denied for decades and Marxism (as Marx understood it) died out in sane circles. 
 
Yet its former adherents did not return to the free market fold. Like those atheists they sought a new faith that met their same needs. There is a certain type of human – aspirant alphas we might call them – who will not accept the rewards and prestige that the market offers their skills, endeavours, risk-taking and luck. They yearn – whatever the consequences – for a new order that ranks them higher. My MP had no power or prestige as a sociology lecturer in a crappy ex-Polytechnic. Her life quest – camouflaged by screeds of turgid prose – is for a new order than rates her as highly as Bill Gates. 
 
Denied the old Marxism as an intellectual excuse for their aspirations, these types have constructed others. They had already been doing it for some time because, while they were still pretending the Soviet Union and Warsaw Pact were defamed paradises, the proletariat in the West was rejecting their ideas. They had long sought new justifications for revolution and targeted new revolutionaries. Because, let's face it, the marshmallows of academia are never going to man the barricades themselves.
 
Different races and sexes, heterosexuals and homosexuals, the able and the disabled; all these and more "identity groups" were to be herded into opposing camps and incited to mutual hatred. Why? For the same old reason. To create problems that only an almighty state staffed by a clerisy of aspirant alphas could "solve".
 
It's not working so far. We rub along nicely for the most part. To the extent there's significant hatred it's mostly what they've cynically generated. They are going to fail again, but like their classically-Marxist predecessors they are going to do it slowly while ending a lot of lives prematurely and making the remaining ones poorer in every sense.
 
The main cost of their ideology at present is its intensification of divisions in debate. Their reduction of everything to simplistic binaries has crippled thought in the home of the Enlightenment. Whether talking about issues that affect every family (like the response to COVID) or recherché stuff like transgenderism, it's always now "the righteous" versus "the heretics". A crypto-religious fervour has people berating their families and friends when all should be focusing with calm, scientific rationality on the best way to preserve/improve the most lives.
 
I hope Ian can forgive his angry friends one day. In the middle of a witch-hunt, it's safer to cry "witch" than deny witchcraft exists. When I look back on my own conduct, I fear I shall not be proud. No I didn't cry "witch", but I lurked in the background trying not to be noticed while HM Government committed democide and HM Opposition bemoaned their lack of sufficient enthusiasm. I had no appetite to have "die, heretic!" screamed at me. Meanwhile, innocents died in care homes, of untreated cancer or heart disease or suicide. No I didn't take those lives, but I didn't save any either.
 
Let's hope the democides in the state apparatus – and friends who screamed "heretic" at their behest – have similar moments of self-reflection. Let's hope we see through the incitement to hatred that permeates critical race theory and its sister-doctrines and embrace the Age of Reason again.

Overheard at my health club

Two svelte American ladies of a certain age were having coffee today at my West London health club. They were in the next "pod" to me outdoors as I had a post-swim coffee before heading home. Perhaps it's those wide-open prairies but Americans, bless them, always speak a little more loudly than us so I didn't really have a choice but to listen to their conversation.

The topic was their mothers. Both moms back in the States are apparently unsure of the wisdom of being vaccinated. One cost of parenthood no-one tells you about beforehand is that one day you will be judged and found wanting by humans you could not love more; your children for whom you would cheerfully die. I confess their mothers immediately had my sympathy, regardless of the correctness of their views.

There was a good deal of sneering about conspiracy theories circulating on the internet. I found it surprising that both errant moms believed 5G was involved, but having listened quietly for another few minutes discovered that neither had ever said so. Their daughters were simply assuming that if they doubted government advice on vaccines, they believed all the other stuff too. One of the mothers is apparently a 9/11 "truther" and her daughter's observation that no government is capable of keeping such a dark secret struck me as fair. 

I have read all I can about the vaccines. As a lawyer I was uneasy that – whereas normally pharmaceutical companies complain of the time taken by regulators to license new medicines – in this case they were only prepared to release them so quickly if governments indemnified them against claims for adverse side effects. They were not prepared to stand behind their products and that concerned me. I was also concerned that, while I am sure regulatory regimes in America and the UK involve much pointless bureaucracy, delay and legal overkill, they were being swept aside so casually. I have no medical expertise, but my legal training made me uneasy.

Britain has been pretty quick in vaccinating its population, but (fortunately or otherwise – only time will tell) it was not the quickest. I read what I could about the effects of the vaccines in Israel and, based on that data, made a risk assessment in favour of being vaccinated. My concerns are still there, but I made a choice. I could easily have chosen the other way and I respect the opinions of those (like my fellow health club members' mothers) who did.

There are available facts and facts that will only become available in the future. People must make their choices based on their own risk assessment today. That useless truism is not the point of this post. The truly significant thing I overheard was this. Having sneered at her mother's belief that "we can't trust government", one of the ladies said;

I thought to myself – Mom, I don't want to believe what you believe because if it's true I can't have any of the things I believe in.

There, I thought, was a moment of insight; a moment (almost) of self-awareness. If government can't be trusted, then the societal change she wants isn't possible. Therefore, whatever the evidence, government must be trusted. That pretty much sums up the statist mindset. 

I don't know whether these mothers or daughters are right about this issue. I do know that one of the daughters (and her companion seemed to agree) is allowing her desires to displace her reason. In consequence, sadly, her mind will only ever be changed by a catastrophe I would never wish upon her.

I suspect many such earnest, well-meaning souls as Goneril and Regan (as I christened them) felt they needed to believe the state could be trusted at key points in the deadly history of the 20th Century. If the brave new world of Communism was to happen, for example, government had to be trusted with enormous power to make immense change.

Many Gonerils and Regans must have ruefully reflected on that in the Gulag.


Age and wisdom

Every stage of life has its joys, sorrows and consolations. Looking back, I smile at how stressful I found it to be young. I was so afraid of failure; so anxious to get things right. In middle age, with those anxieties largely allayed, I found myself burdened with responsibility for others; a responsibility I had campaigned earnestly to assume, by the way. As I approach old age, those responsibilities are gone too. No-one depends on me. My children are independent. I have no employees to worry about providing with work. I can even glory in the triumphs of the young people I mentored, who are now achieving their own successes. I could shuffle off this mortal coil today with no sense of a task left undone. 

Before COVID, I was enjoying that. I was as carefree as in my youth. In fact, more so as I was without the burden of parental, societal or –most onerous of all – personal hopes and expectations. I could reflect on my life and that of my nation or even species. I could read, think, visit museums and galleries, travel and engage in my photographic hobby. I could meet with my friends and smile during our conversations at the truth of the old joke that "the older we get, the better we were." Looking back on lives lived so anxiously at the time, our triumphs seem inevitable and perhaps even (after a few good drinks) deserved.

Post-COVID, things are different. I have not personally been directly affected by the disease itself. Only one friend contracted it and he, thank goodness, survived. Actually I should not thank goodness as he lives in a corrupt post-Soviet state and crimes had to be committed to save his life. He survived a seven hour wait for an ambulance by virtue dint of another friend paying a bribe for oxygen to be brought to his home. Best not to ask from where that was procured. Let's just hope it was not from the bedside of someone who still needed it. Then he avoided admission to a lethally-unhygienic state hospital that would have killed him by bribing the ambulance-driver to take him to a private facility. There even cash would not have secured treatment were it not for luck. He happened to have been the lawyer for the oligarch who owned that facility in connection with its financing and still had his phone number. Calling him and then handing the phone to the doctor denying admission finally saved the day – and his life. His story tells more about statism and the corruption it brings than it does about disease. 

At a micro level then, I continue to be blessed. I have a comfortable home in which to be confined. I have a loving wife with whom to be confined. I have every technical facility to stay in communication (I first wrote "touch" but that of course is forbidden) with friends and family. The only real cost to me has been the death of my last illusions. 

COVID has been a wet dream for every statist, apparatchik and thug. I have long said that an over-mighty state is a magnet for the worst in society. COVID has proved it. 

My nostalgic vision of the British Bobby protecting honest citizens from crime has long been out of date, I know. Yet it was hard to shake the feeling for the boys in blue my parents instilled in me. My mum would make a point of stopping and talking to the local policeman whenever we encountered him when I was a child. She would tell me this was the person I should go to if I were lost, in trouble or just needed to know the time. He was my protector and friend. Sorry Mum, but he isn't and never was. His true nature has been revealed as he has gleefully leapt on the chance presented by COVID to bully and swagger.

I was taught to revere teachers too. There is, I always used to say, no more valuable profession in any civilisation. A society could be judged by the value it placed on its teachers. COVID has exposed that as sentimental tosh too as the teaching unions have used the opportunity to dodge work and to hell with the education and welfare of the children in their members charge. All other public sector unions have done the same. Our public "servants" are our actual deep state masters and their contempt for us has been revealed beyond all reasonable doubt.

This is not COVID related, but has happened during the same period. The Court of Appeal destroyed my faith in the judiciary. I personally witnessed the Shrewsbury pickets in action. I know the truth, but to write it again would now be actionable – so I won't. All I can say here is that the law is an ass. 

Though I remember well how upset they were by the death of President Kennedy and how they grieved the death of Winston Churchill, my parents never taught me to love and trust politicians, thank God. So that disillusionment has not been so severe. In fact COVID has not made me think any worse of them. In fact, I have some sympathy with HM Government's plight as a panicked population has cried out for ever-more-tyrannical measures and HM Opposition has only ever opposed them for not acting harshly enough.

I have repeatedly said in the run up to elections that, this time, I will not vote. I have always gone on to do it. I was brought up to treasure democracy as something my ancestors fought for. I felt a duty to their memory to exercise my right. This time I didn't. Perhaps I would have done if I lived in Hartlepool; not from any affection for the party that won but to enjoy the discomfiture of the entitled villains who have so long believed they own the Northern working class among whom I grew up.

In London, there was no point. Khan was a nailed-on winner. There were no credible candidates running on a platform of more liberty and less state. It was – as all elections now seem to be – a menu of different poisons. None of the thugs, bandits and rent-seeking hoodlums in power can say this time that I supported them. Not that they care, but it gives me some small satisfaction.

The wisdom of age is the realisation of how little we can know and the humility that comes with that. It seems I am finally wise but I was happier being foolish.


Liberal democracy will be the biggest casualty of this pandemic

Liberal democracy will be the biggest casualty of this pandemic.

I tweeted several paragraphs from this excellent article before realising the way I used to do this was better and turned to my blog. The article lifted my spirits because Lord Sumption, pillar of the legal Establishment, is articulating all the concerns I had begun to fear marked me – not as a perfectly reasonable classical liberal – but some kind of sociopathic crank. That is after all, according to the opinion polls, what most Brits seem to think of those still speaking of Liberty in present circumstances. 
 
Lord Sumption quotes Professor Neil Ferguson, who in speaking of the Sage Committee's reaction to China's response to the COVID-19 virus, cheerily remarked;
It’s a communist, one-party state, we said. We couldn’t get away with it in Europe, we thought. And then Italy did it. And we realised we could … If China had not done it, the year would have been very different.
With these words, Ferguson – whose botched, bodged and ballsed-up computer projections, none of which remotely matched the prophetic accuracy of a tabloid astrologer, were used to justify tyranny throughout the Western world – reveals himself as a monster. Not least because he evidently sees nothing sinister in them himself. I had feared since I first read them elsewhere that most fellow Brits would not be concerned by them. I had begun not just to fear that our liberties were in danger but that I had been deluded in believing we ever had them. 
 
Lord Sumption addresses that in his article. My executive summary of the British Constitution is just two words long: "Parliament rules". Unlike our American cousins, we have no legal constraints on state power. The name of our "Supreme Court" is just lasting proof that Tony Blair is a poor lawyer. The Judicial Committee of the House of Lords (its name before Blair changed it) was less snappy but less deceptive.
 
Much of our history consisted of Parliament trying to constrain the power of the monarch and our constitution reflects that. Parliament succeeded, and since then – as our democracy is absolute – it has not been law but convention that kept Britons free. As Lord Sumption puts it:
What makes us a free society is that, although the state has vast powers, there are conventional limits on what it can do with them. The limits are conventional because they do not depend on our laws but on our attitudes. There are islands of human life which are our own, a personal space into which the state should not intrude without some altogether exceptional justification.
The craven, cowardly surrender of the heirs of John Hampden to state tyranny shows how fragile those attitudes were. 
 
I don't subscribe to any COVID-19 conspiracy theory. This microscopic threat (all of which, I read somewhere, could be contained in a Coca-Cola can) is real. What is also real is the celebratory glee with which evil forces have used the fear of it to make us submit to power. The jaunty tone of Professor Ferguson's quote is blindingly revelatory of his attitude, and that of the Western Establishment as a whole. Boris Johnson would have us believe he's on the classically-liberal wing of the Conservative Party; a staunch defender of Liberty. Lord Sumption's comment on that is as searing as a mild-mannered Law Lord is ever likely to make;
The Prime Minister claims to believe in liberty and to find the current measures distasteful. Actions speak louder than words, and I am afraid that I do not believe him. He is too much of a populist to go against public sentiment. He lacks the moral and political stature to lead opinion rather than follow it.
Two evils are abroad in the world today – COVID-19 and a far older one; the lust for unconstrained power. One would fit easily in a Coke can. There's a real danger that the other may never be contained again.

Lost for words

I hope you had a pleasant Christmas and that it's not too late to wish you a happy new year. I hardly feel able to call myself a blogger now, given how infrequently I post. I blogged because I thought it better to light a candle than curse the darkness, but public support for our state's response to COVID-19 now seems to suggest modern Britons love the dark. 

It's hard to know what to write of the present situation. In a democracy no wise elector expects perfectly-right choices. We try to select the least bad of those on offer but what are we to do, say or think when government is wrong and opposition only demands it should be more so?

I confidently believe that historians will one day bracket the story of COVID-19 with those of the South Sea Bubble, the Salem Witch trials, and Tulip Mania. That's not to say the virus is not real or serious. It is. There was a South Sea Company. There was a trade in tulips. There may even have been witches in Salem. It's not the fact of the virus that I dispute but the validity, efficacy and morality of our response to it.

We are now many months into the "two weeks to save the NHS" in Britain and still that powder puff of a hulking institution is not safe. Not, at least, according to the rent-seekers who live upon it or the political types for whom it is the most sacred of all cows. It's certainly not safe for its customers. Many of those who caught the virus did so in its hallowed halls or in the care homes to which its angels of death despatched them for said angels' convenience and/or protection. In a classic example of Bastiat's notion of the error of focussing on the seen versus the unseen, our entire funded-by-state-force medical system is concentrating (with a remarkable lack of success even by its own low standards) on one virus while paying the least possible attention to all other ills.

I must move in unusual circles. Only one couple in my group of contemporaries is in the "lock us up, we're scared" camp to which opinion polls suggest most Britons belong. My other friends and family my age and older agree with me. None of us think there's a conspiracy. None of us deny the virus is real and dangerous. None of us question the need for a public health policy response to COVID-19. But all of us agree that the British Establishment is drunk with power and gleefully revelling in its unconstrained exercise. All of us agree that terrible damage is being done, not to some abstraction called "the Economy", but to the life expectancy of cancer, heart disease and other patients, to the livelihoods and future employment prospects of business-people and their employees, to children's education, to the mental health of people (and especially young people) denied healthy social outlets, and to the liberties of us all. All of us agree that the legions of the state are using this epidemic to bolster their power, increase their funding (and their numbers) and in many cases to enjoy even more well-paid leisure than usual; to make sinecures of jobs that were scarcely onerous to begin with.

I have tried to follow my own advice to my elders frustrated by this situation. "You are not in charge here. These mistakes are not yours. Focus on the joys you still have and remember that you're well-off compared to people really suffering. Read a good book. Read some poetry. Phone a friend. This too will pass." It's good advice because if I think about the political situation, I tend to despair. I am saddened that the liberties I praised and defended were so chimerical. At the first plausible pretext, the men of power suspended them so comprehensively that it seems they never existed. They were mere indulgences permitted to us by our masters rather than (as I had always thought) our inalienable rights as humans.

The man whose name I hubristically usurped as my nom de blog spoke of "the times that try mens' souls" to rouse his contemporaries to action. So faint a shadow am I that I am close to admitting my own soul has been tried and found wanting. The best encouragement I can offer is this. When the truth emerges, as it must, and the consequences of policy responses to this pandemic become apparent to the meanest of intellects, there will be the best opportunity in modern history to expose both the evil effects of statism and the wicked, self-serving natures of many within the state apparatus.

Keep your powder dry, fellow-citizens, and repeat under your breath Tom's wish that “If there must be trouble, let it be in my day, that my child may have peace.” Let's strive to ensure that the gross misconduct of our authorities finally reveals to our young people (so sadly indoctrinated to the contrary by state-funded teachers and Marxist academics) Tom's truth that “Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.”


An hour well spent

I don't normally go for podcasts, as I can take in information faster by reading and don't spend much time in traffic these days. This however, is worth your time.

My last post was, I confess, a bit defeatist. I certainly felt defeated. Douglas Murray does not. On the contrary he is optimistic that the forces of evil are vulnerable and makes convincing arguments for going on the offensive. Rather than bemoan "cancel culture" he thinks it's overstated and urges the "silent majority" to speak up.

Referring to Kay Burley's ludicrous smears in relation to former Aussie PM, Tony Abbott, he is hilarious. He points out that she once grabbed a female fellow journalist by the throat in anger, squeezing so hard that she left a bruise. Playing her own game, therefore, it's possible to say that Kay Burley once grabbed a woman by the throat and injured her. Anyone who appears on her show is condoning the strangulation of women. By her own logic, she should be cancelled!

No right-thinking person wants Kay Burley silenced of course. Her bluster turns people off every argument she tries to advance and she serves a useful function in exposing the weakness of Tory ministers, but it takes Douglas to pierce the pompous veil so elegantly. I commend him to you.