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

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What is Putin up to?

I practised law in Central and Eastern Europe. My old firm had offices in both Moscow and Kyiv. I lived in Warsaw (11 years) and Moscow (7 years). The region is where most of my friends are, including both Russians and Ukrainians.

I am pleased to see some of the former putting dove of peace emblems on their social media profiles. It says much about Russia that I worry it may have adverse consequences for them. One of my Ukrainian friends was interviewed on BBC radio recently. It was chilling to hear his usual calm, reasonable tone as he talked of joining a citizens militia and preparing to resist invasion. He and I were law partners. I fear for his safety and that of his family. He was born to a Ukrainian family in Canada and had the option to leave. I respect and admire his decision to stay and fight. I hope, in his position, I would have his courage. As his friend, I wish he was in Canada.

I hoped against hope that Putin was sabre-rattling. Part of the secret of his success has always been that, one way or another, he keeps Russia in the western news, which soothes his electorate. Why? Because it was a shock to their collective psyche to descend from being one of two super-powers to just a regular nation with an economy the size of Belgium's. Britain struggled psychologically in descending from being the greatest empire in history to just another G7 nation, but we had decades to adjust. We had time to build such institutions as the Commonwealth to soothe the jangled psyches of citizens used to red world maps in their classrooms. Russia had only days.

I am not excusing Putin's aggression by saying the West has made terrible mistakes in handling the demise of the USSR. They flowed not from malice but from a naive, innocent and as it turns out optimistic belief that Russia would rapidly become just like us. Fukuyama's book The End of History and the Last Man (published as I moved to Warsaw) pretty much summed up our leaders' attitude in that respect. The West simply did not feel the need to take the Russian elite's paranoid views on NATO seriously. It saw Russia just as a new, economically-insignificant, member of the Free World. 

NATO was an anti-Soviet defensive alliance. Its weaponry was trained on Russia and the Warsaw Pact. When the USSR ended, it should probably have been disbanded precisely because Russia's military and intelligence communities (who, unlike in other Warsaw Pact countries, were not purged after the fall of the USSR) had grown up thinking of it as "the enemy." They felt threatened by it. That feeling was unjustified. NATO was a defensive alliance with a "no first strike" doctrine. It poses no threat to Russia now and, in fact, never did. The feeling is real though. More accomplished diplomats than ours would have understood its significance.

If post-Soviet Russia's economy had been bigger, it might have been listened to. Ignoring the fears of its generals and spies because it was now a country that didn't matter very much seems in retrospect to have been an error. It won't help a paranoiac to laugh and say he doesn't matter enough for anyone to be out to get him.

This became a worse (but still unrecognised) problem when Putin and his chekisti (ex-KGB men) came to power. The military, intelligence and political communities were in practice just different arms of the Communist Party in Soviet times. Real democratic politics was in its infancy when Putin came to power. Once he was in the Kremlin, Russia's political elite was once more completely aligned with the attitudes of old KGB guys like him.

I suppose we in the West thought we could just rewrite NATO doctrine and retarget its weaponry to handle other threats. NATO worked, so why not repurpose it? The other Warsaw Pact countries, after all, cheerfully applied to join. I was in Poland when that happened and can assure you my friends there still saw it (having had the same education as their Russian contemporaries) as an anti-Russian alliance. That's exactly why (knowing Mother Russia rather better than we did) they wanted to join! I mentioned to a person I met from the Foreign Office at the time that I thought it was a mistake because Polish attitudes were (a) entirely contrary to NATO doctrine and (b) likely to fuel Russian paranoia. She said (I quote from memory, but I am confident it's pretty accurate);

The Foreign Secretary privately agrees with you but the Cabinet doesn't. Anyway the Americans wouldn't hear of excluding Poland.

So while we in the West sincerely saw NATO expansion as harmless (and would probably have accepted Russia as a member, with some conditions) the Russians didn't. Neither did some of their former allies who were joining it – and the Russians knew that. We are not responsible for their paranoia, but we did feed it. 

That said, Putin is lying comprehensively in his depiction of NATO. There's a useful (and very mild) web page of refutations from NATO itself, which is well worth a read. He is just spinning a yarn to justify doing what he wants to do. He's pretty clearly expressed his view that the Ukraine has no right to exist as an independent nation. My hopes have failed. He's about to fix that "error" and, in so doing, write himself into Russian history as (he thinks) a hero. 

The Putin of my days in Moscow was cleverer than this. He knew that rattling his sabre was enough. I fear that his isolated life for so long among people too scared of him to tell him he's wrong has caused him to lose his mind. I don't fear for the West, which could defeat his armies as readily as we could defeat those of Belgium, I do fear for my friends in the region.

I explained to a Ukrainian lady I met yesterday that – while I could understand if she had no time for that at the moment – I feel sorry for the Russian people. They are a wonderful, cultured people who have almost always been badly led because of endemic corruption. The end of the USSR didn't end that, as anyone who'd read Gogol could have predicted. Russia didn't stop being a problem to the West when the USSR fell. It may prove to become a worse problem now because the old Communist leaders always responded rationally to circumstances. I fear this madman won't. 

The West's leaders must perform better now than they have so far because how they respond could expose the world to much more than the loss of Ukraine's independence.


NATO: what’s the point?

It was formed as a Three Musketeers style mutual defence alliance. An attack on one was to be treated as an attack on all. The anticipated attack was from the Soviet Union. NATO, with its US led military command based in Brussels, was the key international infrastructure on the Western side of the Cold War — mirrored orcishly by the Warsaw Pact. 

The Warsaw Pact is gone. So is the Soviet Union. The Cold War, pace the traitors of our academia — is won. The Berlin Wall fell and the question Sir Keith Joseph asked my student union long ago has been answered;

if the Berlin Wall were to be taken down, which way would the human tide flow?

The world changed — unexpectedly and very much for the better — and my delightful career helping clients to rebuild post-socialist Eastern Europe was made possible. To what would have been the amazement of my young self, most of my friends are citizens of Warsaw Pact countries. 

So why does NATO still exist?

The dismal science teaches us to distinguish between peoples’ stated preferences (often virtue-signalling lies) and their revealed preferences (how they spend their money). All NATO members say they believe in the alliance. Only four — the USA, the UK, Poland and Greece — meet their obligation to contribute more than 2% of their GDP. If you’re wondering, Greece has only accidentally met that target because of the catastrophic fall in its GDP. 

Opinion polls and my own experience of the bitter, sneering anti-Americanism of my otherwise delightful continental chums suggest that as usual the revealed preference is the truth. The Germans and French would not go to war in defence of America or Britain if we were attacked. Britain was attacked, when the Falklands were invaded, and our “allies” and “friends” sold arms to our enemies and gave them all kinds of moral support. Remember the Welsh Guards (my grandfather’s old regiment) massacred by Exocets fired from Mirages? The USA has often gone to war since the alliance was formed and mostly only British warriors fought, died or were injured alongside theirs.

Germany, France and their freeloading friends have quite simply been taking the piss from the outset. They take the Americans (and us Inselaffen and rosbifs) for mugs. They plot to form an EU Army and regret that Brexit means they won’t be able to continue to rely on English-speakers as their cannon-fodder.   

The continued existence of NATO has fuelled the epic paranoia of Russia’s military/intelligence apparatus. Desperate not to be decommissioned the generals and chekists have claimed that “the West” they grew up opposing is intrinsically hostile — rather than, in truth, insultingly indifferent — to Mother Russia. Their only “proof“ of this nonsense was NATO  

During my 7 years living and working in Moscow I heard well-educated, cultured, principled Russians ask again and again what the hell we were up to in keeping it. I answered airily that all bureaucracies were self-serving and that NATO’s staff (like the chekists) naturally preferred repurposing to redundancy. I was probably right but morally not nearly right enough. Our useless political class had a duty to look past such rent-seeking and — for once — to do the right thing.

They are Dr Frankenstein to Putin’s monster.

NATO is yet another of many examples of the truism that, once a bureaucracy acquires a competence, it will never disband. It continues because it can. The political and economic ills that drove the creation of what is now called the EU have long since faded into history. But the plump parasites of its apparatus have repeatedly repurposed it. Britain is a paradise of social, ethnic and sexual equality compared to the days when the precursors of the Equalities Commission were formed but its staff will find imaginary evils by the thousand before they’ll return to productive labour. Marx would gasp at the generosity of Britain’s welfare state and marvel at the lifestyle of even the poorest Brit and yet trivial micro aggressions are enough to sustain the revolutionary fervour of Marxist academics desperate to live as idly and unproductively as the man himself. 

NATO and these other examples remind me of the pre-reformation medieval church. Their stated objectives sound Godly and noble but their true purpose is to keep a bloated priesthood in luxury. Am I wrong? As always, please put me right, gentles all. 


How to deal with atrocities?

How to deal with atrocities? « Samizdata.

Perry de Havilland at Samizdata sets out what won't defeat Islamic terrror. 

one approach I am quite certain does not work is candlelight vigils, weepy hashtags and a refusal to face up to who the enemy is and why they are doing what they are doing.

He makes a good point but what will?

 

To begin with we should do nothing to validate the belief of these losers™ that they are special. The Prevention of Terrorism Act 2005 – a piece of knee-jerk legislation that led me to begin this blog long years ago – was (and this is the least of my criticisms) a mistake in psychological terms. It dealt differently with those who murder for political reasons thus confirming their view that they were more than "common criminals". This was a very different approach to that of Margaret Thatcher. She always insisted that Jeremy Corbyn's chums in the Provisional IRA were not "soldiers" or "political activists" but criminals like any other; that their motives made no more difference to the legal analysis of their actions than they did to the reality of the outcome for the victims and their families. One is no less dead for being murdered in a cause and one's killer is no more for it.

 

Such criminals should be detected, arrested and tried. If convicted they should go to the same prisons as other murderers and be treated exactly the same. Murder carries the maximum penalty presently permitted under English Law because it is the worst crime. Any special treatment of terrorist murderers and their accomplices is legally a distinction without a difference and – worse – will be in their eyes a badge of honour.  

 

If, statistically, Muslims are currently producing more terrorists, I see nothing illiberal about controlling future immigration from their countries until the terrorism has been defeated. Let's acknowledge we have a problem among the Muslims we already have. Let's own it, address it and while we are doing so prevent it from becoming worse. Some people will call that "racist" but they should not confuse us with people who give a damn about their playground name-calling. Repeal whatever legislation prevents such a policy and put it in force — just as President Trump has been wading through the Deep State swamp to attempt in the USA. Opinion polls suggest there is massive democratic support for such a policy across the whole of Europe.

 

That leaves the question of the already resident Muslim population most of whom, thank goodness, pose no threat. We can maximise that proportion by some common sense measures:

  1. Change our relationship with Saudi Arabia, the heart of Islamic darkness. It does not permit Christian evangelism on its territory. In contrast, as a civilised country, we permit all religions to be practised, but that does not mean we have to allow the Saudis to fund theirs. Currently there are more Wahhabi Korans in the UK than any other versions because Saudi Arabia provides them free of charge. Wahhabism is a particularly dangerous sect and motivates a disproportionate number of terrorists. 
  2. If this is thought likely to affect arms sales to that Kingdom, then perhaps we should form an Organisation of Weapons Exporting Countries to fulfil a similar function to that of OPEC in relation to oil.
  3. It may be necessary, after appropriate research, to prevent other countries from funding mosques and madrassas in Britain. I see no problem with that either. I am sure local Muslim philanthropists will step into the breach.
  4. We should ditch the doctrine of multiculturalism and make it a matter of immigration policy that new arrivals are welcome only on the basis that they agree to integrate into our society and live according to our values. There is no ethical problem, in my opinion, in stating definitively that Shariah Law is incompatible with those values. New immigrants should swear an affidavit on entry to confirm that they understand and accept this.
  5. We should break the news to our Muslim communities that they and their families have come to live in a Christian culture. Most Brits may not be religious now but still our country is one formed by Christian values. Constitutionally, it is actually a kind of mild Christian theocracy as we have no separation of Church and State. The Church of England is Established and twenty-six of its bishops – the Lords Spiritual – are ex officio members of Parliament. In this quirky theocracy, the Theos is Jehovah, not Allah. Daft, in my personal opinion, as I very much believe in the separation of Church and State on the American or French model, but no less true for that.
  6. We should deliver public services only in the official languages of the United Kingdom. When I lived in Poland, Russia and China I could not expect to deal with the authorities in English. They took the perfectly reasonable view that my weakness in their languages was my problem. To the extent I could not cope I found friends, colleagues or paid translators to help me. By dealing with immigrants in their own languages, we have encouraged them NOT to assimilate and have made it unnecessary for them to learn English. It is our fault, not theirs, that so many Muslim mothers live and raise their children dangerously outside our society's mainstream. I am sure most were initially astonished to find that our public sector is prepared to deal with them in their own languages at taxpayers' expense.
  7. We should cut all other services (e.g. translators to sit with children in classes, chaperones to accompany ladies to medical appointments) that discourage integration. Of course we should be tolerant of the needs of learners to bring English speakers along to help them out until they are fluent. I am sure there would also be some doctors prepared to allow male members of Muslim ladies' families to accompany them to consultations. I would not make any doctor do so, however. The ladies in question chose to come to a country where such an approach is alien (and rather insulting to our doctors). No-one forced them to come. They could have stayed in their countries of origin and these issues would never have arisen.
  8. We should provide English classes for refugees. They didn't choose to come and it's only decent to help them out. Economic migrants, like me in Poland, Russia and China, should pay for their own damned language lessons.
  9. Finally we must recruit thousands of members of the police, the Special Branch and MI5 from among our Muslim citizens. We are so often assured that most of them are peace-loving and loyal that I cannot imagine this will be difficult. As a young lawyer in Nottingham I personally administered the Oath of Allegiance to many new Muslim citizens and kept a Koran at hand for the purpose. I am sure many of their families have suitably qualified members now. 

I don't put forward any of these suggestions to punish British Muslims or even to deter future immigration once the problem has been solved. But if we are to reduce terrorism here, rather than just accept it as "part and parcel of life in a big city", I think measures like these are necessary. Do you agree? If so what other measures would you suggest? If not, then how do YOU think we should defeat Islamic terror?


There is nothing Conservative about this Government

Anthony Peto QC: A very un-British Bill – my response to Robert Buckland MP.

Conservatives are supposed to defend ancient rights. In their hands the great principles of English Law such as "innocent until proven guilty" and the rules of Natural Justice should be much safer than with progressives who openly seek to sweep away ancient rights to build a new order.

Yet it was John Major who began the present un-conservative trend when he abolished the right to silence - a key element of the presumption of innocence. If a man is accused, it is for the prosecutors to make the case against him. Nothing should properly be inferred from his refusal to co-operate. So it used to be, but no more.

And now it's Ken Clarke who is sweeping into the trash can of history the principle of open justice. He is seeking to introduce secret courts in circumstances where "national security" is at stake. What does "national security" mean in such a context? Anthony Petro QC tells us in the linked article that evidence about a confession having been extracted by torture
...was successfully suppressed by the government on the grounds that it would damage national security...
Not exactly the most encouraging example.

Clarke tells us that we need secret courts to protect our intelligence sharing relationships with other countries. David Anderson QC, the independent reviewer of Terrorist Legislation, has branded that a "scare tactic".

Former DPP Lord Maconald has said that 
Mr Clarke’s comments look like a smokescreen for plans which are aimed not at keeping the British people safe, but at sparing the embarrassment of the security services when they get mixed up in wrongdoing. Instead of promoting this thoroughly un-British legislation, which is designed to make our courts secret as though we were living in Europe in the 1930s, Mr Clarke and his colleagues in government should concentrate on holding the security agencies to account when they break the law.
Lest you think that these are just the voices of lily-livered sympathisers with our enemies, consider the words of the former top legal advisor to the British Army in Iraq, Colonel Nicholas Mercer
The justice and security bill has one principal aim and that is to cover up UK complicity in rendition and torture. The bill is an affront to the open justice on which this country rightly prides itself and, above all, it is an affront to human dignity.
 
The fact that some of those individuals who are complicit in rendition and torture can not only assist in the drafting of the bill but also vote to cover their tracks is a constitutional scandal.
The bill attacks the sacred principle of the Rule of Law that "be you never so high, the law is above you." It removes a citizen's right to bring a civil action against high officials for violations of their personal rights. As Anthony Peto QC says, 
These rights are so fundamental that for centuries they have been called the rules of “natural justice”.  This brand of justice has “Made in England” stamped all over it. It is our proudest and most enduring national product. This Bill would tarnish the brand for ever.
Could there conceivably be anything less "Conservative"?

Why can't our security services, like those in other countries, give evidence in court? If that threatens the secrecy of their activities, they can give evidence from behind a screen and via a voice changer, provided the judge is duly satisfied of their status. Then their evidence could be tested, they could be cross examined and justice could be done. Yet the British State prefers to screen them from scrutiny. It prefers to suppress evidence of their wrong-doing. It is entirely out of its box; a self-regarding beast operating in its own, not the national, interest. 

I have never been more sure that the greatest enemy of my liberty is the British State. Nor more sadly aware that this does not vary according to the politicians in charge. There could be no better evidence than this odious bill in which the state seeks to protects its own at the expense of those who are supposed to own it. It rather suggests it thinks it owns us.

Maybe we still need a bigger navy than Belgium?

Argentina launches naval campaign to isolate Falkland Islands - Telegraph.

The three state services libertarians all support are defence of the realm, policing and provision of an independent judiciary. That's one of the things that differentiates us from anarchists. The irony is that modern governments have focussed so hard on redistributive policies designed to buy votes from the masses by providing non-jobs in non-services with stolen money, that they have become really bad at the basics.

How long do you give it before the Falkland Islands are lost? Even if the boy David was half the man that Margaret Thatcher was; even if President Obama was half the friend that Ronald Reagan was, we simply don't have the military assets to defend them. Perhaps that's why we are deploying the sainted Diana's look-alike boy? Surely no-one is so cruel as to attack the son of the Princess of Hearts?

It's a plan, though not one Nelson would have applauded. Some fully-equipped aircraft carriers might be a more reliable one. But, while we fund a bigger civil service than we had to run half the planet, we don't have the money for that, do we?

h/t The Englishman