Showing posts with label Miliband. Show all posts
Showing posts with label Miliband. Show all posts

Saturday, 20 June 2015

Breach of Promise or Breach of Contract

Let’s consider a question I was asked recently, and to be honest, it sounded like it was a bit pointless at first blush.

The question was simple, and I’m reminding you I’m not a lawyer, but I was intrigued. The individual simply asked if Mssrs. Cameron, Clegg, Miliband and possibly Brown and/or their parties could be sued for breach of promise over ‘The Vow’ as it was published in the Daily Record in the dying days of the Referendum Campaign.

There was a second aspect to this – if it is possible to do it, did I think it could be crowd-funded?

Honestly, I’ve no idea, was my immediate and rather doubtful response, but it was worth investigating anyway. You see, my recollection of that ‘Vow’ at the time was that it could be read in multiple ways, have a dozen interpretations, and there were really no ‘cast iron guarantees’ built into it. It was, essentially, designed to take the switherer and give them a justification for not doing what they were then believing; that it might be right to vote ‘Yes’.

Interestingly, in spite of what others may say, do or argue every indication I’m discovering is that whatever impact the ‘Vow’ had on the referendum is irrelevant now. Many believe it was the deciding factor. I agree it had a major impact, so I was surprised, none of that is actually relevant. The Union parties seem to think it is though, that caused me to keep digging – what’re they trying to hide?

The starting point is simple; what was actually promised, or less solidly, what would be reasonable to construe was promised. The fact that their names were signed to it, and they de-facto didn’t deny or refute any of it and in actuality did publicly (as the legal’s state) ‘aver and affirm’ if not specifically using those words, implies a promise or contract, in which they could now potentially be in breach.

If they did enter into such a contract, then it’d have been one with the people of Scotland, or even more specifically, those amongst us that altered our vote from ‘Yes’ to ‘No’ based upon that ‘Vow’ ‘Contract’ or ‘Promise’, but it’s most likely that a suit brought by specific individuals lodged and worded something as the ‘people of Scotland’ might suffice.

The second aspect was ‘were they protected by parliamentary privilege’, essentially meaning they can’t be sued. Categorically, the answer here is no. The announcement, undertaking or feel-good fuzzy, call it what you want to, was made by means of a daily tabloid “news”-paper.

So – was there anything specific enough to constitute a contract or promise?

In looking through the Record’s page on the day in question, reading it carefully, helped by someone who used to help actually make laws in the United States (so note the qualifier – it’s not Scot’s advice, but I’m told that although Contract and Promissory law has nuances, it’s overall pretty consistent) what I heard fell out as follows:

1. It stated the three main party leaders had all signed up to the incorporated statements – they’re therefore all on the hook for anything that followed, as long as the specifics could be defined. No specifics, no hook. No ‘No’ vote – it’s all moot anyway.

2. They promised to transfer more powers to Holyrood. That’d have to be in addition to anything that went before. If they give Holyrood the rights over its janitorial budget, and it hadn’t had them before then the promise is fulfilled. It still might be open to argument on ‘reasonable expectation’ grounds, but a near certain win has dropped into rather dubious ‘coin flip’ territory.

3. ‘No one, other than the Scottish Parliament can cut vital public services such as the NHS’ – This is where it might get interesting, because they (Westminster) hold the purse strings, and there was no guarantee they’d not cut funding thereby forcing the Scottish Government to cut services. On the surface it’s a loss here, especially as they already told us we’d be getting more budget cuts, a loss except for the fact that it could be argued it builds on the first point as to right of expectation.

4. The powers were then guaranteed to be ‘extensive’. Still, they could give you the right to pick your nose in addition to those ‘janitorial services’, then they’d argue that was ‘extensive’ – it’s coin flip territory once more, except it again builds upon the umbrella impression of realistic expectation.

5. They agreed that the Scottish Parliament is ‘Permanent’, unless they try to abolish it, there’s no breach of promise there. Even failure to enshrine it constitutionally doesn’t breach that promise – effectively it’s been so declared. Once more it builds on that expectation thing.

6. They promised to improve government in the UK in the years ahead. This might be a ‘gotcha’ with the Alistair Carmichael thing. Arguably, not requiring or requesting resignation shows intent to abandon this pledge. It’s still too early to make a definitive point though. Getting rid of corrupt members could be claimed as showing good intent, avoiding the subject, not so much. Might be a solid argument in a decade, not today. Again it builds on the ‘right of expectation’ thing.

In short, with one exception, this was effectively a media publicity stunt, and that very important exception is the right of expectation.

It was explained to me like this, that if I buy a car, and I’m promised it will be red, three years old, with less than thirty thousand miles and in excellent condition both bodily and mechanically, with the reasonable anticipation of many thousands of happy motoring miles in front of me, then that’s what I should get.

If that car is delivered as described above, but I subsequently discover it’s had a governor fitted, or been ‘wheel clamped’ then the letter of the contract has absolutely been adhered to, however the right of expectation has been thoroughly trashed. The goods are not fit for purpose as one had been led to believe.

This falls under the fact that in law, and Scot’s law too, it isn’t actually necessary to define every detail, but broad expectations are enough. The folk simply need to be competent. Working through the result of the referendum to the landslide in May for the SNP, it’s almost an inescapable argument that many amongst Scotland’s electorate believed one thing, acted in one way (No Vote) and now believe they’ve been sold what would be commonly referred to as ‘a Lemon’, oddly enough, there’s laws against that too!

It would appear that in drafting this vow Cameron, Clegg, Miliband and Brown had fairly good contractual advice, however it would appear they used English legal advice. However the offer was made through the medium of a Scottish Red-Top to the Scots electorate in such a way it could only be accepted in Scotland. Therefore Scots Law and NOT English Law would seem to apply and be the potential initiator of many problems for the “gentlemen” involved.

Effectively, using that massive vote swing as confirmation, it can be argued that a contract was offered, accepted and viewed as breached. In addition, that there was a poll showing a 51/49 vote split in favour of the ‘Yes’ vote with the ‘Yes’ vote steadily gaining momentum until that point at which the ‘Vow’ was made resulting a net six percent reduction in the ‘Yes’ ballot and a final 45/55 poll in favour of ‘No’ also speaks to the efficacy of the offer.

All aspects of this particular case say that, effectively, Scotland’s electorate was sold a wheel-clamped car.

On that, there is without doubt a case.

All that would remain to be answered would be if an unbiased judge heard the case, and on which side of the coin the result would finally land. Only the court itself could determine if it was a winning case.

As to other promises made during this time-frame, they could be viewed as ‘adjunct offers’ especially if not refuted in word or deed by the parties concerned before the vote took place.

One thing is certain, even if the case didn’t make it to court, even a moderately successful attempt at fundraising towards getting it there would prove intensely embarrassing to all the potential respondents.

Should the suit prove successful, and if properly worded, it could force anything from a re-run of the poll itself to utter upheaval in the constitution of the United Kingdom, for in an extreme case it’s entirely possible that a judge could (not would, could) order the establishment of a federalized governmental system.

Where it would go from there would be…..interesting.

Saturday, 4 April 2015

No to Democratic Rule.

What else can we think. Honestly, what other interpretation can be drawn from the reaction of England’s London based media to the attempted perversion of the democratic process in the attempt to sway votes or the electoral process with lies, supposition and innuendo.

Again we see what is simply a repeat of previous elections or polls, it was evidenced very clearly in the Referendum.

This time the story runs amok, starting in the Telegraph, about Nicola wanting to see Cameron continue in Downing Street.

Look at the timeline – Story appears.

Nicola Tweets a rebuttal.

The French support Nicola’s position.

The following day there’s an awful lot of column inches and headline space devoted to the now discredited story, but it’s done in such a way, though accurately reported in the body of the article, as to lead those simply skimming headlines (which as the editors are aware is the majority of us) that Nicola Sturgeon wants David Cameron to remain as prime minister. Essentially they reported the earlier article with largely the same story, and tagged in the rebuttals.

What we should have seen in any honest and truly democratic system was a full page apology by the Telegraph, a naming and shaming of the (alleged) civil servant involved, and headlines in all the journals, TV and social media which screamed at us “Civil Servant suspended while investigation launched into Sturgeon memo”, or some sort of variation. The in depth story should then have been carried about how the Telegraph itself had suspended or terminated the journalists in question for not fully investigating and simply producing an unsubstantiated gutter press article. Unless the Editor could also have shown good cause why it was published, he should be looking at his P45 as well.

Even the Labour Party from Ed Miliband to Jim Murphy weighed in with comments – duly reported of course.

It’s not what we’ll see though. We all know it too, at least many of us do.

We’ll not see it, because the article has served its purpose.

It has ‘smeared’ Nicola Sturgeon, it’s planted a seed (hopefully) amongst some would-be SNP voters.

One thing we do know, from the BBC to the now gutter press that’s owned and originates in London, they don’t want a Scots voice in that town, not a politically vibrant one anyway. They only want our wealth and resources to ‘reallocate’ as they see fit.

I could be proven wrong, I’ll be happy to be proven wrong. If I am, I’ll print that apology, hell; I’ll scream it from the rooftops.

It’s easy to prove me wrong too, Ed, Jim, Guardian, Telegraph, et al. Just print that apology, big, bold, front page headlines.

As to the heads of the Political parties, adopt a pledge to make it a criminal offence to try to sway the result of any plebiscite by any political party or registered company if done with unsubstantiated rumour or the reporting of such. The person originating it and the editor allowing it room; five years minimum should suffice.

After all, surely attempting to pervert the course of an election is as bad as attempting to pervert the course of justice. Those who create that justice, who write the laws, in a democracy, are the people we’re electing, and although we've strict and strongly enforced laws against perverting justice, we've apparently few to none when it comes to deciding what laws will actually be passed – which happens in the electoral system. It seems if we do have any, nobody bothers much about enforcing them.

There’s really only one reason for that, it suits those already in power.

Think about it.

If it didn’t, right now, we’d see Cameron, Clegg, Miliband, Farage et.al on the news tonight, all proclaiming this as a disgrace, promising a full investigation, after all, it could just as easily have happened to one of them, couldn't it?

Oh, wait a minute? Maybe not.

Friday, 3 April 2015

Rocking The Establishment - Just for Fun

I haven’t blogged for a while, but it seems now’s a good time.

Wasn't it an interesting leadership debate?

Wasn't it even more interesting watching the rabid hysteria projected by England’s media afterwards?

Am I the only one that noticed that many photographs of the debate in its immediate aftermath omitted Nicola?

Then, of course, we have the accepted media acclaim that the best the SNP can ever hope to be are king-makers, and that’ll be a distant hope at best. We also have Jim Murphy banging his hollow drum to an empty room (except perhaps the journo’s) about the fact that only the largest party can form a government. Pay Attention Jim

Come in Jim, we all know you’re full of it, because nowhere is that written.

Then we have a scenario, if things don’t shift much from where they now stand, that you’ll (just for the sake of argument) have the Tories with 295, Labour with 294, the SNP with 50 and ‘others’ making up the remainder.

Now, let’s say that both Tory and Labour refuse to compromise on Trident, then a ‘deal can’t be done’ can it, and we’re heading for another new election in a few months, so everyone would have us believe.

Actually, there’s another rather unlikely scenario.

The SNP, after Labour and Tory pass the baton, could decide to simply form a minority UK government as the third largest party. There’s nothing to legally prevent them. In actuality, either the Tory party or the Labour party could, but if both chose to actively prevent it, then they’d need to work as a coalition, even if a very temporary one that’s only focused on a single issue – stopping the democratic will of the Scots.

If that happens, any pretence of Union is going to stink worse than a badly rotting corpse, and no amount of media spin will get past the message being delivered by the reality of the actions of Westminster’s two biggest parties.

The only other present alternative is a Labour-Tory coalition, and why not, they already agree in broad fashion on all their policies, from Trident to NHS privatisation. They’d only be making formal what existed for years anyway. I mean, why have a ‘shadow cabinet’? “Shadow” is no different than ‘prince regent’; it implies an entitlement that will be rewarded in the fullness of time, and that’s not a democracy.

It really is an interesting election, especially for Nicola Sturgeon, where it’s almost a ‘heads’ I win, tails you lose’ type of scenario. Just imagine, her party forming that minority government, because it’d make history in these islands. For the first time you’d have a Scot’s party with that level of influence in the belly of the beast, but even more humorous, hilarious even, is that with Nicola being First Minister of Scotland, she’s unlikely to be willing to emulate Jamie Sext and relocate to old London town.

That’d mean it’d most likely be either Angus Robertson, PM, or Alex Salmond, PM.

Democracy in action, for however brief a period.

Aye Westminster, between fair means and foul, ye might have won a referendum, the question then will be, are ye still glad ye did?

Saturday, 9 August 2014

A reply to the celebs letter from Steven McBrien of Glasgow.

This is so well written and says everything that any one of us would have wished to have said to these people, given the opportunity. So much so, in fact, that I just had to re-blog it. My thanks to Steven McBrien for this great piece of writing:


Dear William Dalrymple, Eddie Izzard, Sir Patrick Stewart, Sir Mick Jagger, Jenny Agutter, Sir Ben Ainslie, Kriss Akabusi, Roger Allam, Kirstie Allsop, Alexander Armstrong, Sir David Attenborough, Steve Backley, Baroness Joan Bakewell, Frances Barber, Andy Barrow, John Barrowman, Mike Batt, Glen Baxter, David Aaronovitch, Helena Bonham-Carter, Stanley Baxter, Martin Bayfield, Mary Beard, Sarah Beeny, Anthony Beevor, Angelica Bell,Dickie Bird, Cilla Black, Graeme Black, Roger Black, Malorie Blackman, Ranjit Bolt, Alain de Botton, William Boyd, Tracey Brabin, Lord Melvyn Bragg, Jo Brand, Gyles Brandreth, Rob Brydon, Louisa Buck, Simon Callow, Will Carling, Paul Cartledge, Guy Chambers, Nick Cohen, Michelle Collins, Colonel Tim Collins, Olivia Colman, Charlie Condou, Susannah Constantine, Steve Coogan, Dominic Cooper, Ronnie Corbett, Simon Cowell, Jason Cowley, Sara Cox, Amanda Craig, Steve Cram, Richard Curtis, Tom Daley, Richard Dawkins, Dame Judi Dench, Jeremy Deller, Lord Michael Dobbs, Jimmy Doherty, Michael Douglas, Simon Easterby, Gareth Edwards, Jonathan Edwards, Tracey Emin, Sebastian Faulks, Bryan Ferry, Ranulph Fiennes, Ben Fogle, Sir Bruce Forsyth, Amanda Foreman, Neil Fox, Emma Freud, Bernard Gallacher, Kirsty Gallacher, George Galloway, Sir John Eliot Gardiner, Bamber Gascoigne, David Gilmour, Harvey Goldsmith, David Goodhart, Lachlan Goudie, David Gower, AC Grayling, Will Greenwood, Tamsin Greig, Baroness Tanni Grey-Thompson, Lord Charles Guthrie, Haydn Gwynne, Maggi Hambling, Mehdi Hasan, Sir Max Hastings, Peter Hennessy, James Holland, Tom Holland, Tom Hollander, Gloria Hunniford, Conn Iggledun, John Illsley, Brendan Ingle, Betty Jackson, Sir Mike Jackson, Howard Jacobson, Baroness PD James, Griff Rhys Jones, Terry Jones, Christopher Kane, Sir Anish Kapoor, Ross Kemp, Paul Kenny, Jemima Khan, India Knight, Martha Lane Fox, Baroness Doreen Lawrence, Tory Lawrence, Kathy Lette, Rod Liddle, Louise Linton, John Lloyd (the journalist), John Lloyd ( the producer), Lord Andrew Lloyd Webber, Gabby Logan, Kenny Logan, Sarah Lucas, Dame Vera Lynn, James May, Margaret MacMillan, Stephen Mangan, Davina McCall, Sir Ian McGeechan, Heather McGregor, Andy McNab, John Michie, David Mitchell, Lord John Monks, Lewis Moody, Michael Morpurgo, Bill Morris, David Morrissey, Philip Mould, Al Murray, Neil Stuke, Sir Paul Nurse, Andy Nyman, Peter Oborne, Sir Michael Parkinson, Fiona Phillips, Andy Puddicombe, Lord David Puttnam, Anita Rani, Esther Rantzen, Sir Steve Redgrave, Derek Redmond, Pete Reed, Lord Martin Rees, Peter Reid, Baroness Ruth Rendell, Sir Cliff Richard, Hugo Rifkind, Sir Tony Robinson, David Rowntree, Ian Rush, Greg Rutherford, CJ Sansom, June Sarpong, Simon Schama, John Sessions, Sandie Shaw, Helen Skelton, Sir Tim Smit, Dan Snow, Peter Snow, Phil Spencer, David Starkey, Lord Jock Stirrup, Neil Stuke, Sting, Tallia Storm, David Suchet, Alan Sugar, Graeme Swann, Stella Tennant, Daley Thompson, Alan Titchmarsh, James Timpson, Kevin Toolis, Lynne Truss, Gavin Turk, Roger Uttley, David Walliams, Zoƫ Wanamaker, Robert Webb, Richard Wentworth, Sir Alan West, Dominic West and Kevin Whateley,

I would like to express my hearty and sincere thanks to you all for your stated concern that myself and my countrymen remain in the United Kingdom. I was just heading back from my job (the job where I earn under eight quid an hour for working with people with learning disabilities) and passing the local food bank when I heard the news, namely, that you were so concerned that we might leave the UK that you had all deigned to write your names on a piece of paper.

I was delighted to hear this news, so transported, in fact, that I temporarily forgot about the nuclear stockpile that's a mere 25 miles away from my front door, and so giddy with the receipt of this beneficence that I almost forgot that I could spend my remaining English tenners up here as no-one up here has any kind of problem with accepting English money. I write to inform you all that the fact that a bunch of millionaires and multi-millionaires who have, on the whole, exhibited total disinterest, and, in some cases (Mr Curtis, Mr Starkey) outright contempt for my country, its denizens and its history were so thoughtful as to sign a piece of paper has forced me to totally review my lifelong pro-independence stance.

I realise and understand completely that you all probably know more about the situation in Scotland than the people of Scotland do; after all, you're all really famous, and we're none too bright up here, you know, apart from inventing television, the refrigerator, canals, bicycles, chloroform, fingerprinting, animal cloning, fax machines, microwaves and magnetrons, adhesive postage stamps, tubular steel, pneumatic tyres, radar, propellers, ATM machines and PIN codes, the telephone, the condensing steam engine, tarmac, penning such unremarkable gewgaws as Peter Pan, Sherlock Holmes and Jekyll and Hyde, discovering penicillin, founding the US Navy, establishing Universal Standard Time, adumbrating the Rankine Thermodynamic Cycle, establishing the foundation of modern economics thanks to Adam Smith, abetting in the foundation of sociology as a modern science thanks to Adam Ferguson, discovering the nearest star to our sun, Proxima Centauri, discovering and linking the Noble Gases, establishing the Kelvin unit of temperature, inventing MRI machines, discovering the vaccine for typhoid, helping to establish general anaesthetic in medical procedure, inventing the electric clock in 1840 and the flush-toilet in 1775, devising the foundations of the Bank of England and the Bank of France, taking the world's first ever colour photograph, and various other trifles. We really do need to be reminded that these are mere dilettante efforts; governing ourselves is an entirely different matter. As the good folks at Better Together have told us on numerous occasions, we, alone among the nations of the planet Earth, and despite abundant-to-the-point-of-overwhelming evidence to the contrary, will not be capable of this.

On that note, I should like to take a few lines to address the Better Together campaign now, as you have all, through your signing of this hallowed document, tacitly aligned your good selves with the efforts of that noble organisation. Despite what you may have heard, Better Together have, throughout the last few years, been a shining example of truth-telling and reassurance. Those accusations, slung by those vicious people who state facts, that their campaign has been nothing more than a random farrago of shrill, terror-inducing and panic-peddling doomsday prophecies, saturated throughout with slander, half-truths, quarter-truths, outright lies and an irrelevant hate-obsession with one man, are, as I now see, totally exaggerated. They were right all along. The debate between Alistair Darling and Alex Salmond (yes, that debate, the debate that was described by pundits as one of the most important debates in modern political history, but which you probably didn't even see, because it wasn't televised in England, thanks to the equally unbiased British media) showed us all that modern UK politics is in rude health, with three main parties who should be occupying totally different strata of the political spectrum uniting as one to remind us that Alex Salmond is nothing less than the devil in pudgy form and that we are inherently incapable of governing ourselves, before, in a coup de grace, offering to give us as a nation more powers if we as a nation refuse more powers. They are simply a beacon of logic and compassion. I should also like to take this opportunity to thank the BBC, who unthinkingly took time out from their busy schedule of covering up the sundry paedophiles and abusers of vulnerable adults who were protected and celebrated by them to alternately ignore us completely/refuse to broadcast facts/remind us up here that we don't matter.

As for having some of the finest exports on Earth, we are fully cognisant that this will not help. And the oil? We'll just follow Westminster's lead and shut up about the oil, and the possibility of joining the rest of the world in actually setting up an oil fund if we got independence, as we don't want to annoy anyone. Besides it doesn't matter: we don't want independence anyway, because we can't do it.

We should also be reminded that a constitution that is increasingly alone among the nations of the civilised world in never having been drawn up or cohesively codified (with the result that if I were a practicing rather than a lapsed Catholic, I could not be Prime Minister, and if I were to go out walking to an archery contest in York clutching a bow and arrow, it would be perfectly legal to kill me) is the way to go in terms of governance, that Martin Luther King and the rest of them were just kidding about all women and men being equal and deserving an equal chance, when in fact, the Royal Family is inherently better than the rest of us because their ancestors chopped people up really effectively. That must be why so many of you have taken knighthoods, damehoods, lordships and peerages. Yes, that explains it. You are all such enlightened and selfless individuals, there is clearly nothing you wouldn't sacrifice to defend your Kingdom; to the extent that, in some cases, such as that of Sir Tony Robinson, you have even been willing to sacrifice your own principles to defend it.

The financial system of the United Kingdom that you defend so valiantly, you know, that one were the banks and corporations do whatever they want and pay their executives outrageous salaries only to be bailed out by the taxpayer when the inevitable bust comes along, the one that enriches the obscenely rich while enslaving the vast majority of the population, is the envy of the world. This, in turn, must account for the shocking appearance, in one or two cases, of signatories of this document who are not in fact millionaires, living in ivory towers and totally divorced from the reality that most people have to live. Once again, I commend you all for making me see sense.

I am certain that the Prime Minister (you know, the millionaire who went to Eton along with half of the previous cabinet; that man whom myself and my entire country didn't vote for, as we so ignorantly revile both his party and his policies) will salute you all for your efforts. You've certainly persuaded me. I'll vote for the UK, with its pro-Israel stance, and totally ignore the suffering of the people in Gaza, too. It's for the best, really. As for foreign affairs, well, it's demonstrably obvious that the best way to conduct them is with a horde of nukes at your back, and that the surest way to preserve world peace is with an array of weapons that could only ever be deployed militarily in some kind of nightmarish endgame scenario, but which nevertheless cost billions a year to maintain and store, even while public service budgets are ruthlessly slashed. Why didn't I see this before? I genuinely feel like the writer of Amazing Grace.

I'd like, finally, to take this opportunity to highlight, and indeed, laud, certain signatories of this document who I feel have made an undeniable contribution to twenty-first century art, science and high culture, namely Messrs Armstrong, Barrowman, Bragg, Brydon, Ms Cox, Messrs Cowell, Dawkins, Galloway, Izzard, Ms McCall, Messrs Mitchell, Richard, Robinson, Miss Sarpong, Messrs Starkey, Sting, Sugar, Titchmarsh, Walliams and Webb. You are all deeply talented and necessary individuals, and I thank you all from the bottom of my bowels for descending temporarily from on-high to appeal to scum like me to see sense and vote No.

Thank you all for affording me this opportunity to tell you all how wonderfully wonderful I think you are,

Yours obsequiously,

McB

Thursday, 13 December 2012

This HAS to change.

Yesterday, I read the online account of Prime Minister’s Question Time. I also followed some of the Twitter response to the so-called “clash” between Mssrs Balls, Miliband and Cameron. The immediate thought that struck me was:

“How can this 18th century bullyboy-style mockery for government debate really come up with solutions to 21st century problems? I don't think it can, it's no longer fit for purpose, and possibly it never was. A complete and radical change is required; unfortunately, no-one has a clue how to think beyond their limitations within Westminster.”

The foundation of the establishment, Parliament, is based in the old French word, parley. Simply put it means to talk, discuss amicably, to resolve to mutual benefit. There is little in Westminster’s “Parley” or Parliament that gives any hope to a resolution of the trench warfare and inimical party points scoring that persists and destroys our democracy. The only surprise so far is that it’s been only jibes and insults that cross the no-man’s land of Westminster’s plush carpet, yet the effect on our economy has been as destructive as the bombs and bullets that crossed the Somme.

How can a culture become adult and mature in its outlook when it has to witness the “cream” of society behaving like spoilt brats at a Sunday-school picnic? When these “elders and betters”, these rule makers, cannot actually debate subjects without delving for insults, cheap jibes and point scoring off each other? When it sees the true policies on which we could thrive mown down before they ever manage to climb from the trenches?

Nothing is discussed or debated, no common ground is found, no compromise is ever achieved. This crock of nonsense is purely for show, and does nothing to benefit the people who voted these men and women into such powerful positions. Westminster did manage a ‘Christmas truce’ from 1939 to 1945, and they achieved remarkable things. However, since then their ideas and decisions are increasingly set in stone, polarised and already made, long before they come to the “debating” chamber. There is absolutely no point to PMQ’s – other than strutting, preening, grandstanding and point-scoring. It is an inane exercise. And sadly, First Minister’s Questions is going the same route, thanks to the Unionist parties attempt to mimic all things Westminster.

It is human nature; when someone poses a threat to us, we fight back. Therefore, rightly or wrongly, the parties who might put Scotland needs first will attack in return. Ultimately, the Union parties in their aspirations for Westminster-like adversarial conflict guarantee the useless and destructive spiral will continue.

Returning to the Twitter “debate” it really did not improve any of the events that took place in the chamber; in fact it merely continued the pathetic score-keeping of “my politician was better than your politician”, as if this type of political non-achieving is something of which we should be proud.

How is this example of non-cooperation, insults, bully-boy tactics and the rest setting any sort of example to youngsters in society? Politicians are saying it’s perfectly ok to behave likes this, but you kids have to behave in quite a different manner. Instead of leading by example, they’re yet again meting out more of the “do as I say, not as I do” nonsense that most people resent. Then these politicians become all confused and befuddled because there is a lack of respect for any of them.

Westminster is so deeply entrenched in tradition I think it is beyond them to alter the mindset. They have to be dressed like 18th century guisers to open and close the sessions, and they require the anachronistic presence of HRH Queen Elizabeth to sanction the proceedings. Now I could go on at this juncture about HRH and family being the biggest benefits scroungers out there, something for nothing layabouts, whose influence is beyond the pale, and how can you expect people to work for a living when they see this crowd at the peak of society living off tax-payers money, but I won’t. The monarchy is a different debate for another time.

So what to do?

Personally, I believe there is nothing that can be done for Westminster; this cause was lost generations ago, stuck in the mud of tradition going back centuries. It had, at best, a brief twilight renaissance between 1945 and 1950. Therefore, we must look to Holyrood to beat a path to mature, consensual politics.

The Unionist supporting parties, as I mentioned previously, appear to advocate, promote and thrive on the Westminster style of rabid, party-led, point-scoring attempts, without much consideration for any constituents during FMQs.

Our reconstituted parliament in Holyrood, having retained few of the relics from the 18th century, is arguably one of the oldest parliaments in Europe. Moreover, having only been reinvested very recently, it isn’t mired in tradition like London and it should therefore be very simple to change ways of doing business BEFORE they become rooted in the mists of time as some weird, immutable folklore defining how a parliament should function. Changes are required in the system in order to ensure we have politics that represent the people and not the party. With an absolute majority, the SNP should be looking at this as a matter of extreme urgency.

While the way Holyrood’s debating chamber is set out physically, (i.e. semi-circular instead of sitting in opposition to one another) is a good start, it is undermined as each party continues to sit in its own little clique or block thus perpetuating the tribal mentality of “Us versus Them”.

More must be done to alter the way these politicians think about their role in parliament. That means altering the entire mind set. It is time to move away from “Party Politics” and start choosing people on their individual merits and promises. For example, while I support the SNP in many, many issues, there are some things with which I do not agree. But it doesn't mean they’re not the best all around choice for me as a party. By the same token, individuals may represent my core beliefs more closely and I’d be more prone to support them. All our politicians should be in the chambers to represent those people who cared sufficiently to attend polling stations and vote for them. To play the game along party lines is nothing but a slap in the face to the voter.

Changing the mind set is probably not achievable among many of the current crop, but surely they are not so blinkered that they are unable to see how damaging this type of so-called debate is on their standing, politics in general and the nation in its whole.

All the “ya-boo-sucks” hollering does nothing to advance people’s interest in how their country is governed, and in fact alienates them from the process. Perhaps this is the true goal of those who prefer the adversarial type politicking. Put sufficient numbers of people off voting, bring about such apathy towards the process, that the politicians can do whatever they please with impunity. Literally giving us what we vote for.

Alternatively, Holyrood could simply pass legislation that makes every vote  in its chambers a secret ballot - at the time of voting; consequently, every vote becomes a conscience vote. In addition to this, the voting record of every member of the Scottish parliament would be published following the dissolution of each and every session, ensuring they are immune from pressure by the party system. Subsequently offering the sovereign people of Scotland the opportunity to see how their parliamentarians voted, before having the option to re-elect them.

Now, wouldn't that be a wonderful and brave new world?


Saturday, 29 September 2012

Perspectives – Something that is Lacking in Labour.

At the end of the day life is about perspectives. The interesting thing about perspectives is that they’re personal. It’s why we don’t always [or often] all agree, and it’s why on those rare occasions that most of us do agree it’s called a common perspective. 

The common Scots political perspective is social democracy, we don’t all agree with that all the time, but it’s reasonably accurate for most of us, most of the time. It’s emphasised by our voting tendencies.

To any individual capable of thought and wishing to secure an elected position in our nation it means any policies pursued should fit into the realm of being social or democratic. Those who can tick both boxes you might just be approaching a sure thing, deliver and watch the trust build. Fail to deliver, as the Liberal-Democrats discovered, and there will be a price for the betrayal.

Johann Lamont, Labour’s latest leadership incumbent north of the border went out of her way the other night to ensure she didn’t check either box. In fact she went so far as to take a rubber and remove the options of either social or democratic from the paper itself.

This was her effective promise to us.

It didn’t matter that she didn’t actually wield a piece of paper with strikethroughs over these two words, Social and Democracy.

Collectively that’s what we perceived she did. Twitter and Facebook lit up with it, a great many column inches were dedicated to it. People in the streets, including the average committed and dedicated Labour voter are left sadly shaking their heads. Shaking their heads and for the first time for many of them, though they may not yet realise it, they are now considering a “Yes” vote.

Ms. Lamont’s Newsnight announcement of future Labour policy was announced in dictatorial fashion, like a manifesto it has been embedded in our collective consciousness. There was no consultation of Labour members we heard of, no party conference discussion, no apparently collective decision making.

It was a decidedly Stalinesque media announcement by the red party that certainly wasn’t socialist and it assuredly wasn’t democratic.

Our perspectives are now in the process of being shifted again, but this time they’re not being nudged just by a fraction, this time our perspectives are taking the full brunt of a 10’ long 2x4 beam across the forehead. And it’s not being wielded gently.

New Labour, Scotland’s traditional party will be removing social equality from our land.

Cut away the fluff, strip the dressing, and dump the salad and desert, that’s the basic statement from Labour in Scotland. The meat in the oratory was “Just like England” and “Death to social equality, death to opportunity”.

That’s as blunt as it gets, like the individual hit by the 2x4 the average Unionist Scot has to absorb the blow, overcome the pain and shock, they have to comprehend what’s happened and they have to rationalise it as part of their healing process.

That rationalisation falls into three roughly even categories, “they didn't mean it” will account for a small amount of voters, those who refuse the evidence of YouTube, the media or their own often neglected research. Fundamentally these are the deniers in any society.

Then there are the justifiers, those who will look for any reason to accept the actions just perpetrated on them, and they’ll come up with everything from “it’s really not needed” to “we just can’t afford it anyway” through “It’s really my fault, you know”.

Over the coming months as the impact is processed we can expect the deny-ers and justifiers to make up the smallest portion of these previously “secure” Union votes.

Lastly we’ll have the realists, the ones who look into what’s on offer, and they’ll see that where Scotland’s Labour Party would have them walk is down the path of social inequality, of unbridled capitalism and of relative deprivation for most individuals.

For the majority this vision will not sit well with their perception of a fair, free and socially democratic land.

These are the ones who will realise that the raft of services proposed for elimination will not only remove some fundamental and unique aspects of our culture, but they will hurt us all universally.

Consider the average taxpayer, if we have no children our taxes still go for schools, we accept that, it’s a cultural and social necessity. That’s just one example.

We all pay in to support the common good of society, those who don’t pay their fair share are criminals or sociopaths; there really are no other words for them. These individuals reap our hard bought benefits and don’t contribute. That’s abhorrent.

Now consider Johann Lamont’s proposals, they’d lead to the re-introduction of means testing on an across society basis, that would be hugely expensive, demeaning and just as abhorrent.

Ms. Lamont proposes that those who can’t afford to pay, whose means tests prove they’re poor, deprived, or otherwise “worthy” of state aid will still have free access to services.

Ms. Lamont’s just alienated the poor, just as effectively as ATOS alienates the disabled. She has erected barriers in our society.

Ms. Lamont’s also put Labour in a place of alienating the rich. She’s telling them that their extra taxes they pay on their extra income will now be used to help the poor, and there’s nothing wrong with that, but she’s also telling them they’ll be taxed again, because the benefits they’re paying their extra taxes for will not be available to them or their children. They’ll have to pay again if they want those benefits.

Not only will the rich pay more, they’ll pay twice and then some. There’s no world in which that’s a fair shake. It’s a shakedown.

Ms. Lamont’s also alienated the middle classes, because she’s introducing uncertainty. Where will elderly care go? Where will the levels be set to qualify? Will my band D home suddenly have to pay for rubbish collection while the band C is exempted? Why should I pay £10,000 more for my daughter’s education than the McDonald’s next door when I only make £2,000 a year more?

As soon as we create a society of “I get but you don’t”, we create societal fractures. In Ms. Lamont’s world the poor could get free university without encumbrances, the middle class can scrimp and save and endure decades of debt so that their children have “equal” opportunity. This policy is proving a disaster in England, why bring it here unless you've simply been ordered to?

Mundane to extreme examples perhaps, but these are perceptions that are being created.

A fair tax system is where taxes are paid universally, with an increasing but not undue or inappropriate burden on the wealthy, and all share equally in the benefits of the taxes. VAT can’t be removed from children’s shoes only if you make less than twice the average wage.

Society has arguable obligation to provide food and shelter to all, at a basic level, with some limitations that society allocates. There’s no question these should be income based provisions.

Everything else in society should be provided as it is paid for, to every citizen. That is a fair society.

An unfair society will expect the folk in the band D house to pay more tax, to support charity, to invest in their children’s future as they also have to save for that education while being taxed for another child’s school.

Members of a fair society should simply expect severely unfair treatment to cause these supporting individuals to move. It’s like any relationship, if we perceive we are being treated inappropriately, we first tend to try to work out the issues, but if irreconcilable differences are there then we’ll tend to leave the relationship.

Scottish Labour just gave every appearance of reaching the “irreconcilable differences” point with many of their supporters; it will spill over into the referendum vote and future elections.

Labour achieved “irreconcilable differences” through proposing severely unfair treatment across Scotland’s franchise. The visit to the “decree absolute” stage may take time for many, but it is road they will travel. Even Tory London didn’t dare go so far so quickly.

Even Tory London would be aware that if just 1/3 of Scotland’s defence under-spend was used in Scotland then all these programs could not just be maintained, but increased, and we’re not even touching the savings through scrapping Trident.

Even Tory London would be aware that not only could these programs be expanded by doing this but that we’d be able to increase our military substantially, reversing London’s cuts.

Tory London also knows that even after all that was achieved there’d be money remaining to invest in either infrastructure or begin a sovereign wealth fund. Just from the defence under-spend.

Tory London appears to know something that formerly Labour Scotland doesn't  and that’s why Labour in Scotland is working so hard to alienate all social levels of Scots society. Then again perhaps they have also been left wondering where that 2x4 came from, because it certainly doesn’t seem to have helped the “Better Together” cause at all.

“Better Together” is now severely compromised, because no matter the future damage control, no matter the policy or leadership changes in the next two years, the memory of the words uttered by Johann Lamont will remain fixed in the perception of many an average Scot.

The average non-politically inclined Scot now knows fully what’s on offer from the Union, and judging from the media and street reaction, they don’t like what they perceive at all.