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.
Showing posts with label constitutional change. Show all posts
Showing posts with label constitutional change. Show all posts
Saturday, 20 June 2015
Breach of Promise or Breach of Contract
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Monday, 15 June 2015
They Gied Us Lemons.
FFA, Fiscal Autonomy, Federalism, call it what you will.
It started out that we Scot’s would be about a couple of billion a year in the hole. Westminster suddenly realized that was less than what we had to pay as a part of UK debt, heck, we’re getting up there on being charged our share of London’s Olympics, Cross-rail (they didn’t offer a hand out on Edinburgh’s tram’s, did they?), being charged a pro-rata for London’s new sewer system, and god alone knows what we’ll have to pay if the World Cup comes back to England?
It’s fine, I hear, we got the Commonwealth Games, look at the subsidies there? As in what subsidies?
Then of course, there are the massive energy penalties that all Scots pay.
The amount Scotland would need subsidised began to escalate.
Five billion, seven, in the Sunday Express, it was ten billion – any advances?
Twaddle!
You see, the Unionists quite literally scared many elderly into a no vote, they convinced others through biased propaganda, and finally there was the “VOW”. Well, not so much a VOW, but more ‘THE CON’; however although that’s largely now irrelevant, what isn’t, is that Scots voted to stay. Scots voted to be part of this Union.
What the Unionists aren’t revealing is that FFA might in the worst case be hell in a hand-basket for Scotland, but being in the Union, Westminster would still be responsible for it.
The interesting thing is that these ‘new massive deficits’ aren’t what they seem. They’re all predicated on the status quo.
So, effectively, London and her media bubble are saying ‘you can’t have it, because you can’t handle it’ while saying simultaneously ‘that debt, by the way, you’ve already got it, and we’re already covering it’
You see, the biggest part of that referendum business last year, was the ‘better together’ and ‘pooled resources’ bit.
When you look at it deeply, you quickly come to understand that what it’s all about is Westminster’s awareness that they’ve truly screwed things up; that and their unwillingness to be seen to have done so.
Let’s look at the scenarios.
Scenario one is FFA for Scots. We decide to do things differently, it’s successful, and egg gets thrown all over faces in the Palace in London.
Scenario two is we blow it with knobs on. Scenario two will not happen overnight, economies just don’t change that fast, but if we did, Westminster steps in, removes FFA and slaps Scots for being idiots, perhaps by 2% more on income tax until we pay for ‘our folly’ – they could even propose that going in – it’s a bet I’d take.
Regardless, that extra levy couldn’t really be assessed, because Scot’s are only 10% of the UK, and the UK umbrella debt wouldn’t change by much. Even if we awarded all our underprivileged double benefits, and doubled the size of the NHS, it might only add 5% more to the UK debt burden. For me, that 5% isn’t a reason to say ‘NO’ FFA.
Imagine what Westminster would gain if FFA was achieved unfettered and implemented, without requiring the Governor General’s approval. Now imagine it failing, and that little penalty being imposed for a handful of years.
Effectively you’d do what George Robertson in fact claimed of Devolution, you’d kill the demands for ‘more’ stone dead, at least you’d do so in enough Scot’s eyes to stop the Nationalists movement in its tracks.
What will happen if FFA is an unmitigated success? You will end up with a thriving economy just humming along; an economy that benefits everyone, Scots and the Union alike.
If it’s just little different, then it’ll not cost either party more, if it doesn’t actually save money. Government is returned closer to the people, never a bad thing, and responsibility returns to a more local level.
Effectively, the only reason then for Westminster not following FFA is because they believe it will succeed. And they’re scared of that, because in that success they’ll see a demand for more powers and a lessening of their own prestige and influence.
Why should they believe that? They’ve every reason in the world. Just look at Holyrood, the ‘wee pretendy parliament’, which was just called an executive but is now in the eyes of the world an actual ‘Parliament’, with a respected ‘First Minister’.
We demonstrated with Holyrood that although they ‘gied us lemons, we made lemonade’. Westminster and her backers are truly terrified to see what we might achieve with FFA.
It started out that we Scot’s would be about a couple of billion a year in the hole. Westminster suddenly realized that was less than what we had to pay as a part of UK debt, heck, we’re getting up there on being charged our share of London’s Olympics, Cross-rail (they didn’t offer a hand out on Edinburgh’s tram’s, did they?), being charged a pro-rata for London’s new sewer system, and god alone knows what we’ll have to pay if the World Cup comes back to England?
It’s fine, I hear, we got the Commonwealth Games, look at the subsidies there? As in what subsidies?
Then of course, there are the massive energy penalties that all Scots pay.
The amount Scotland would need subsidised began to escalate.
Five billion, seven, in the Sunday Express, it was ten billion – any advances?
Twaddle!
You see, the Unionists quite literally scared many elderly into a no vote, they convinced others through biased propaganda, and finally there was the “VOW”. Well, not so much a VOW, but more ‘THE CON’; however although that’s largely now irrelevant, what isn’t, is that Scots voted to stay. Scots voted to be part of this Union.
What the Unionists aren’t revealing is that FFA might in the worst case be hell in a hand-basket for Scotland, but being in the Union, Westminster would still be responsible for it.
The interesting thing is that these ‘new massive deficits’ aren’t what they seem. They’re all predicated on the status quo.
So, effectively, London and her media bubble are saying ‘you can’t have it, because you can’t handle it’ while saying simultaneously ‘that debt, by the way, you’ve already got it, and we’re already covering it’
You see, the biggest part of that referendum business last year, was the ‘better together’ and ‘pooled resources’ bit.
When you look at it deeply, you quickly come to understand that what it’s all about is Westminster’s awareness that they’ve truly screwed things up; that and their unwillingness to be seen to have done so.
Let’s look at the scenarios.
Scenario one is FFA for Scots. We decide to do things differently, it’s successful, and egg gets thrown all over faces in the Palace in London.
Scenario two is we blow it with knobs on. Scenario two will not happen overnight, economies just don’t change that fast, but if we did, Westminster steps in, removes FFA and slaps Scots for being idiots, perhaps by 2% more on income tax until we pay for ‘our folly’ – they could even propose that going in – it’s a bet I’d take.
Regardless, that extra levy couldn’t really be assessed, because Scot’s are only 10% of the UK, and the UK umbrella debt wouldn’t change by much. Even if we awarded all our underprivileged double benefits, and doubled the size of the NHS, it might only add 5% more to the UK debt burden. For me, that 5% isn’t a reason to say ‘NO’ FFA.
Imagine what Westminster would gain if FFA was achieved unfettered and implemented, without requiring the Governor General’s approval. Now imagine it failing, and that little penalty being imposed for a handful of years.
Effectively you’d do what George Robertson in fact claimed of Devolution, you’d kill the demands for ‘more’ stone dead, at least you’d do so in enough Scot’s eyes to stop the Nationalists movement in its tracks.
What will happen if FFA is an unmitigated success? You will end up with a thriving economy just humming along; an economy that benefits everyone, Scots and the Union alike.
If it’s just little different, then it’ll not cost either party more, if it doesn’t actually save money. Government is returned closer to the people, never a bad thing, and responsibility returns to a more local level.
Effectively, the only reason then for Westminster not following FFA is because they believe it will succeed. And they’re scared of that, because in that success they’ll see a demand for more powers and a lessening of their own prestige and influence.
Why should they believe that? They’ve every reason in the world. Just look at Holyrood, the ‘wee pretendy parliament’, which was just called an executive but is now in the eyes of the world an actual ‘Parliament’, with a respected ‘First Minister’.
We demonstrated with Holyrood that although they ‘gied us lemons, we made lemonade’. Westminster and her backers are truly terrified to see what we might achieve with FFA.
Labels:
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Friday, 5 June 2015
The Real Reason Why Labour Lost The GE.
I sat quietly, observing for most of the General Election campaign, partly because I was fairly confident that in Scotland there would be an SNP Tidal Wave and in England, a Labour Win.
As we well know, only one actually materialized. I innately knew immediately why the other didn’t, in fact, from about May 1st, I became certain it wouldn’t, but the polls said otherwise – right up until the exit poll.
Since then, I’ve watched the unfolding events in vague shock and awe.
In that vein I’m going to use some parallels and analogies, they might be unpalatable to some, but they’re accurate so deserve inclusion and use.
The Shock; that England could vote for and elect a party on a mandate which was arguably more right-wing than that which facilitated the election of Hitler’s Nazi’s in 1932/33, although they interestingly were elected on almost identical platforms of anti-foreign (Cameron’s ‘Scots’ and EU policies to Hitler’s internalized Nationalism [there really isn’t much difference between those two, the only kind of Nationalism that can be acceptable is the inclusive embracing type which seeks to look outwards in non-dictatorial friendship]). Both coupled this with restricting the rights of parts of their citizenship, in Hitler’s case, he attacked the Jewish community, academics, opponents and disabled; in Cameron’s case he’s attacking the vulnerable, the poor and the Scots, arguably also where much of academia of British Isles originated.
Amongst Hitler’s first acts was issuance of the ‘Fire Decree’, suspending Civil Liberties, essentially dispensing with a need to worry about Human Rights. David Cameron has literally issued his own vow – he wants the UK removed from the protection of the European Human Rights Act. He’s promised a ‘British Bill of Rights’, but who’s to say what’ll be in it? Or even who or what will be protected, or even if some will be “more protected” than others. Which I feel is a fair statement when you check on how unfair British society has become.
Incidentally, both Cameron and Hitler were elected with marginally 37% of the popular vote.
Hitler formed a secret police, the Gestapo. The UK didn’t actually need to do that; we’ve already got the Official Secrets Act (remember how the McCrone Report was buried?) coupled to MIs 5 & 6, our own secret courts and utterly compliant media – which were all Third Reich fortes. Now, our little cherry on the icing of our cake is the “Snooper’s Charter”. This permits those government organisations to go intelligence gathering on a level which couldn’t be conceived of in Himmler’s (head of the Gestapo’s) wildest dreams. He had to rely on neighbours reporting neighbours just as like Stalin did. Indeed, 21st century intelligence gatherers just use computer technology to collate their data.
Million’s died to defend us from this – those million’s sacrificed to build a socially inclusive state after their victory. It was a hard toil, yet they did it.
The Awe; Cameron was campaigning on this platform, campaigning to get rid of these securities that so many gave the ultimate sacrifice for, and Labour had an open goal. The ball was never kicked. The striker simply fell flat on his face, and then looked around stupidly hoping for a referee’s whistle.
Cameron refused to say where his cuts would fall and Labour failed to offer a single ‘most likely’ scenario with which they could have hammered the Tories.
Cameron and his compliant media demonised the Scots. He effectively promised to make them ‘second class citizens’ through hobbling all three legs of the stool; firstly - our ‘avowed’ and exceptionally diluted new devolution settlement by handing primarily useless powers north (Smith); secondly, reducing the effect our MPs will have in Westminster (EVEL); and thirdly by neutering our Parliament by introducing a veto wielded by the Governor General in the Scottish Office; an office that makes no bones about undermining and discrediting the running of Holyrood.
The tools for Miliband were there to be utelised.
The Snoopers Charter was an easy one for Labour to tackle. All they had to do was remember those who died for those rights and ask if those millions of deaths were to be in vain; especially in these years of the glorification of WW1.
The removal of the Human Rights legislation should have been right up there. Labour should have been screaming “foul” at the tops of their collective lungs. But a pin could be heard dropping in the hallowed halls.
The EU Referendum – I’m all in favour of referendums and I’m reasonably in favour of Europe too. I know it’ll never be perfect, but I also know it’s a hell of a lot better than being tied to Westminster. Labour could easily have pulled that from Cameron too, they just had to support the referendum idea on the basis of democracy, but tell everybody ahead of time, they’d be campaigning to stay in while negotiating the best deal possible for the UK.
Essentially, the opportunities for a soft tap in to win the game and lead the next government were almost without limit as the election race drew down.
Any one goal could possibly have seen the Labour Party home free.
Combined, I really doubt if they’d have needed any sort of coalition to hold power. Having said that, I didn’t want anyone in sole charge; I believed a coalition – whether formal or otherwise - benefits everyone.
Essentially then, the Tories, Cameron’s folk, didn’t win the 2015 GE, Labour simply decided to walk from the field.
The only question that needs to be asked after that realisation is why? That’s got an obvious answer, but judging from what I see of their current leadership contenders, none of them are capable of uncovering it or remediating it.
Cameron’s Conservatives, any extreme right wing party, has no defense against that type of argument.
Labour needs a leader who recognizes this and will contest the field, and they could’ve used any or all of these arguments to do it – because if they do or if they had, they’ll win.
The issue that I can see, they’ve largely the same paymasters, so even if they do manage to uncover a principled and socially minded leader, that person will be hobbled before they’re even allowed to leave the dugout.
Effectively England now needs a new center left party.
Labour UK – R.I.P. – May 2010
Yes, 2010, because Ed Miliband wasn’t why Labour lost. Labour lost because they lost their soul in forming ‘New Labour’. But it took until then for the public to come to this understanding.
I don’t know where souls go when things die – I do know they don’t return to the old body, or body politic.
As we well know, only one actually materialized. I innately knew immediately why the other didn’t, in fact, from about May 1st, I became certain it wouldn’t, but the polls said otherwise – right up until the exit poll.
Since then, I’ve watched the unfolding events in vague shock and awe.
In that vein I’m going to use some parallels and analogies, they might be unpalatable to some, but they’re accurate so deserve inclusion and use.
The Shock; that England could vote for and elect a party on a mandate which was arguably more right-wing than that which facilitated the election of Hitler’s Nazi’s in 1932/33, although they interestingly were elected on almost identical platforms of anti-foreign (Cameron’s ‘Scots’ and EU policies to Hitler’s internalized Nationalism [there really isn’t much difference between those two, the only kind of Nationalism that can be acceptable is the inclusive embracing type which seeks to look outwards in non-dictatorial friendship]). Both coupled this with restricting the rights of parts of their citizenship, in Hitler’s case, he attacked the Jewish community, academics, opponents and disabled; in Cameron’s case he’s attacking the vulnerable, the poor and the Scots, arguably also where much of academia of British Isles originated.
Amongst Hitler’s first acts was issuance of the ‘Fire Decree’, suspending Civil Liberties, essentially dispensing with a need to worry about Human Rights. David Cameron has literally issued his own vow – he wants the UK removed from the protection of the European Human Rights Act. He’s promised a ‘British Bill of Rights’, but who’s to say what’ll be in it? Or even who or what will be protected, or even if some will be “more protected” than others. Which I feel is a fair statement when you check on how unfair British society has become.
Incidentally, both Cameron and Hitler were elected with marginally 37% of the popular vote.
Hitler formed a secret police, the Gestapo. The UK didn’t actually need to do that; we’ve already got the Official Secrets Act (remember how the McCrone Report was buried?) coupled to MIs 5 & 6, our own secret courts and utterly compliant media – which were all Third Reich fortes. Now, our little cherry on the icing of our cake is the “Snooper’s Charter”. This permits those government organisations to go intelligence gathering on a level which couldn’t be conceived of in Himmler’s (head of the Gestapo’s) wildest dreams. He had to rely on neighbours reporting neighbours just as like Stalin did. Indeed, 21st century intelligence gatherers just use computer technology to collate their data.
Million’s died to defend us from this – those million’s sacrificed to build a socially inclusive state after their victory. It was a hard toil, yet they did it.
The Awe; Cameron was campaigning on this platform, campaigning to get rid of these securities that so many gave the ultimate sacrifice for, and Labour had an open goal. The ball was never kicked. The striker simply fell flat on his face, and then looked around stupidly hoping for a referee’s whistle.
Cameron refused to say where his cuts would fall and Labour failed to offer a single ‘most likely’ scenario with which they could have hammered the Tories.
Cameron and his compliant media demonised the Scots. He effectively promised to make them ‘second class citizens’ through hobbling all three legs of the stool; firstly - our ‘avowed’ and exceptionally diluted new devolution settlement by handing primarily useless powers north (Smith); secondly, reducing the effect our MPs will have in Westminster (EVEL); and thirdly by neutering our Parliament by introducing a veto wielded by the Governor General in the Scottish Office; an office that makes no bones about undermining and discrediting the running of Holyrood.
The tools for Miliband were there to be utelised.
The Snoopers Charter was an easy one for Labour to tackle. All they had to do was remember those who died for those rights and ask if those millions of deaths were to be in vain; especially in these years of the glorification of WW1.
The removal of the Human Rights legislation should have been right up there. Labour should have been screaming “foul” at the tops of their collective lungs. But a pin could be heard dropping in the hallowed halls.
The EU Referendum – I’m all in favour of referendums and I’m reasonably in favour of Europe too. I know it’ll never be perfect, but I also know it’s a hell of a lot better than being tied to Westminster. Labour could easily have pulled that from Cameron too, they just had to support the referendum idea on the basis of democracy, but tell everybody ahead of time, they’d be campaigning to stay in while negotiating the best deal possible for the UK.
Essentially, the opportunities for a soft tap in to win the game and lead the next government were almost without limit as the election race drew down.
Any one goal could possibly have seen the Labour Party home free.
Combined, I really doubt if they’d have needed any sort of coalition to hold power. Having said that, I didn’t want anyone in sole charge; I believed a coalition – whether formal or otherwise - benefits everyone.
Essentially then, the Tories, Cameron’s folk, didn’t win the 2015 GE, Labour simply decided to walk from the field.
The only question that needs to be asked after that realisation is why? That’s got an obvious answer, but judging from what I see of their current leadership contenders, none of them are capable of uncovering it or remediating it.
Cameron’s Conservatives, any extreme right wing party, has no defense against that type of argument.
Labour needs a leader who recognizes this and will contest the field, and they could’ve used any or all of these arguments to do it – because if they do or if they had, they’ll win.
The issue that I can see, they’ve largely the same paymasters, so even if they do manage to uncover a principled and socially minded leader, that person will be hobbled before they’re even allowed to leave the dugout.
Effectively England now needs a new center left party.
Labour UK – R.I.P. – May 2010
Yes, 2010, because Ed Miliband wasn’t why Labour lost. Labour lost because they lost their soul in forming ‘New Labour’. But it took until then for the public to come to this understanding.
I don’t know where souls go when things die – I do know they don’t return to the old body, or body politic.
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Monday, 1 June 2015
Problems and Solutions
Well, I didn’t do much writing during the GE, nevertheless I can express my limited delight at the result. I say “limited” for two reasons. Firstly, because we didn’t win all the seats north of Tweed and Solway, however this is a very minor issue. Secondly, because the Tories still managed to secure a majority through English constituency wins; and for me, that’s a biggie.
The problem is that it’s pretty much always been that way. In this Union, Scotland is irrelevant. That’s a major issue. We are politically irrelevant anyway. The S.E. of England still needs our resources, human and environmental, and these are the real reasons they fought against our Independence campaign so hard, that and maintaining their perceived prestige.
What we did do in GE 2015, was put the wind royally up London’s establishment; arguably our 45 created more panic there than Charlie did with his effort in ’45, especially as our 45% accumulated a few more voters to give Westminster not just 55 this time (percent) but 56 (MPs). Moreover we all know but for Union Media lies, half truth and innuendo it would have been 59.
Scotland’s problem is that 59 still wouldn’t have mattered.
By the time of the GE, not much we could have done would have mattered, mostly because the SNP has a policy of not fighting ‘non-Scottish’ seats.
Subsequently, as long as Scotland is stuck with 59 MPs and EVEL looks to be on the cards, it would appear we’re going to be on the wrong end of the stick, unless we get exceptionally fortunate and the English Electorate chooses to gift us the balance of power, nothing is going to happen to change anything. Nothing will change especially because the English Electorate have clearly just stated, they’d rather suffer a bad dose of Tory medicine, they’d even be happy to give up their human rights, rather than see Scots hold power at Westminster.
We might be able, under current SNP candidacy policies, to legitimately contest Berwick upon Tweed and environs, giving us a potential of 60 MPs speaking in support of Scotland’s interests.
However, that will still not be much of a concern the Establishment.
No, what is required is a long term solution, and it needs to embrace an English component. No matter how you address the issue, the SNP or any progressive force in these Islands needs English MPs. They just don’t need them in the party. However, if they were closely tied to the SNP as a voting bloc on key policies – wouldn’t that be interesting.
For instance, what if the SNP offered to assist ‘Independent’ candidates in England? What if they appealed to potential candidates willing to subject themselves to the SNP vetting process and promise to support an independent voting bloc within Westminster? That scenario holds almost limitless potential. The offer for the next GE could be made immediately after a motion and approval at the next SNP conference. This would be a motion where the party would pledge to support English folks standing as independent candidates, still with their particular region’s interests and requirements foremost, but who are willing to put themselves forwards to become part of a ‘progressive alliance’ at Westminster’s next Election.
They’d start the process now; perhaps only going so far south as Scotch Corner. Additionally the Welsh Nationalist’s could do the same, targeting perhaps an alliance with the fifty closest constituencies to Wales. The promise made, the overriding policy, not to do much at first (after all, Labour, Tory and Lib’s have made such a mess these last fifty years) until a good look is had at the books, well, there’s nothing that anyone can really guarantee. That’s an easy sell. Implementing 5 years of progressive social justice, usually sells well also. Dump WMD and increase the regular forces, probably a winner. Open government, get points there too.
Just imagine the consternation within the establishment. It’d start immediately too. They absolutely don’t want the apple-cart upset any more than it has been. Especially if those English prospective members promise constitutional upheaval, like voting for abolishing the lords in favour of a proportionally representative senate. Oh my?
Imagine the political power that would suddenly and in the short term come the way of the SNP and Plaid.
We’d just have created one exceptionally big stick, and we’d be using it to poke a really large hornet’s nest that’s just about settling down to the fact it’s got 56 cans of blue and white bug repellent inside its belly. The problem is, those 56 can only give the hive a mild indigestion, make the insects scurry a bit more. We have to find a nuclear option to blow the two party system out of the water in order to bring power back to the peripheries. Our folk said ‘No’ on September 18th, but in view of how many wanted to say ‘Yes’ to Nicola and the SNP on May 7th and right across the UK as well, I’d bet we could manage it.
So – keep the Union for 2020 (unless other events bypass that), and extend the hand of Friendship to English Independents. Create a progressive alliance – or three, one for the North East, one for the North West, one for the Midland’s. We might not hold a majority, but we’ll potentially ensure that nobody else does either, and nothing scares the establishment more than that, for without a majority party, they’ll probably have to listen to us.
In the name of friendship, and true neighborliness, isn’t it beyond time that we helped our friends across the border, especially if we could help ourselves by doing that?
The problem is that it’s pretty much always been that way. In this Union, Scotland is irrelevant. That’s a major issue. We are politically irrelevant anyway. The S.E. of England still needs our resources, human and environmental, and these are the real reasons they fought against our Independence campaign so hard, that and maintaining their perceived prestige.
What we did do in GE 2015, was put the wind royally up London’s establishment; arguably our 45 created more panic there than Charlie did with his effort in ’45, especially as our 45% accumulated a few more voters to give Westminster not just 55 this time (percent) but 56 (MPs). Moreover we all know but for Union Media lies, half truth and innuendo it would have been 59.
Scotland’s problem is that 59 still wouldn’t have mattered.
By the time of the GE, not much we could have done would have mattered, mostly because the SNP has a policy of not fighting ‘non-Scottish’ seats.
Subsequently, as long as Scotland is stuck with 59 MPs and EVEL looks to be on the cards, it would appear we’re going to be on the wrong end of the stick, unless we get exceptionally fortunate and the English Electorate chooses to gift us the balance of power, nothing is going to happen to change anything. Nothing will change especially because the English Electorate have clearly just stated, they’d rather suffer a bad dose of Tory medicine, they’d even be happy to give up their human rights, rather than see Scots hold power at Westminster.
We might be able, under current SNP candidacy policies, to legitimately contest Berwick upon Tweed and environs, giving us a potential of 60 MPs speaking in support of Scotland’s interests.
However, that will still not be much of a concern the Establishment.
No, what is required is a long term solution, and it needs to embrace an English component. No matter how you address the issue, the SNP or any progressive force in these Islands needs English MPs. They just don’t need them in the party. However, if they were closely tied to the SNP as a voting bloc on key policies – wouldn’t that be interesting.
For instance, what if the SNP offered to assist ‘Independent’ candidates in England? What if they appealed to potential candidates willing to subject themselves to the SNP vetting process and promise to support an independent voting bloc within Westminster? That scenario holds almost limitless potential. The offer for the next GE could be made immediately after a motion and approval at the next SNP conference. This would be a motion where the party would pledge to support English folks standing as independent candidates, still with their particular region’s interests and requirements foremost, but who are willing to put themselves forwards to become part of a ‘progressive alliance’ at Westminster’s next Election.
They’d start the process now; perhaps only going so far south as Scotch Corner. Additionally the Welsh Nationalist’s could do the same, targeting perhaps an alliance with the fifty closest constituencies to Wales. The promise made, the overriding policy, not to do much at first (after all, Labour, Tory and Lib’s have made such a mess these last fifty years) until a good look is had at the books, well, there’s nothing that anyone can really guarantee. That’s an easy sell. Implementing 5 years of progressive social justice, usually sells well also. Dump WMD and increase the regular forces, probably a winner. Open government, get points there too.
Just imagine the consternation within the establishment. It’d start immediately too. They absolutely don’t want the apple-cart upset any more than it has been. Especially if those English prospective members promise constitutional upheaval, like voting for abolishing the lords in favour of a proportionally representative senate. Oh my?
Imagine the political power that would suddenly and in the short term come the way of the SNP and Plaid.
We’d just have created one exceptionally big stick, and we’d be using it to poke a really large hornet’s nest that’s just about settling down to the fact it’s got 56 cans of blue and white bug repellent inside its belly. The problem is, those 56 can only give the hive a mild indigestion, make the insects scurry a bit more. We have to find a nuclear option to blow the two party system out of the water in order to bring power back to the peripheries. Our folk said ‘No’ on September 18th, but in view of how many wanted to say ‘Yes’ to Nicola and the SNP on May 7th and right across the UK as well, I’d bet we could manage it.
So – keep the Union for 2020 (unless other events bypass that), and extend the hand of Friendship to English Independents. Create a progressive alliance – or three, one for the North East, one for the North West, one for the Midland’s. We might not hold a majority, but we’ll potentially ensure that nobody else does either, and nothing scares the establishment more than that, for without a majority party, they’ll probably have to listen to us.
In the name of friendship, and true neighborliness, isn’t it beyond time that we helped our friends across the border, especially if we could help ourselves by doing that?
Friday, 8 May 2015
The Guillotine and the Noose.
The results are in, Tory Majority. Much of the UK will be asking itself how the polls got it so wrong.
Now that the election is over, we’ll be told that it’s just time to ‘heal the divisions’ and ‘suck it up’ because ‘democracy has spoken’. That’s if we’re told anything at all.
Consider; this was an election the outcome of which you couldn’t split with a guillotine. It was an election billed as the tightest of modern times. Polls hadn’t shifted in months. So what happened on the day?
Cameron’s noose – that object so beloved of hangmen, which strikes mortal fear into the condemned.
Human brains are funny things. We can be told all sorts of stuff, but we don’t believe it until presented with the news/act/fact that’ll bring it home. Two simple examples can be used to demonstrate this, the condemned and the smoker. The condemned usually manage not to think much about their future, or relative lack of it, until the final little while. Seeing the noose brings home everything, that last walk, the trepidation builds. For tobacco users, it will always happen to someone else, until it happens to them, then they usually wish they’d made different choices.
At this year’s GE, Middle England was presented with tales of an ‘Ajockalypse’, and in a comedic way it struck home, but wasn’t really taken seriously.
When many of Middle England’s swing voters walked into the booth however, they saw the horror of ‘Ajockalypse’ on that ballot paper – like the hangman’s noose, it was staring them in the face. For them though, there was an easy reprieve, just hold your nose and mark the paper somewhere else, praying that enough others would do the same that you’d be granted a permanent stay of execution.
It worked.
Middle England voted for the pain of five more years of ‘austerity’.
Middle England voted for ongoing demonization of the poor.
Middle England voted for disgraceful treatment of the underprivileged.
Middle England held its collective nose and voted for unfettered Toryism.
Middle England voted for Nuclear weapons; for bombs before bairns.
Middle England voted for ongoing creeping privatization of the NHS.
Middle England voted to go with the only significant party not promising constitutional reform.
Middle England voted to hurt itself.
Middle England did this because it was, quite simply, more afraid of ‘Ajockalypse’ than all of these issues combined.
Scotland must suffer it, because it’s what Middle England wanted. Faced with a perceived immediate disaster by ‘Ajockalypse’ and a more prolonged but incremental pain, Middle England chose unrestricted Toryism as the way to save itself from Scottish influence.
Middle England chose unidentified but certain and savage cuts. Cuts that have been guaranteed but not specified as to where they’ll fall, because it was convinced it was preferable to the certainty of ‘Ajockalypse’.
It really doesn’t matter how anyone examines the facts, at day’s end, both Labour and Tory campaigns were woeful, the polls told us this too. The only thing which really separated them was ‘Ajockalypse’.
On May 7th, 2015, Middle England decided it couldn’t suffer ‘Ajockalypse Now’, it didn’t realize that with that choice, it’s guaranteed it; it’ll just never acknowledge it as such.
David Cameron won an election – he squandered a state to do it.
History will teach, ‘Ajockalypse’ will be the word that finally condemned a union.
David Cameron will ultimately go down in history as the Prime Minister who won a referendum only to snatch defeat from the jaws of victory. It will only rate a footnote, if that, but the strategies Cameron pursued were designed by an American, Jim Messina, an American who has absolutely no concept of an already fractured Union, an American who doesn’t care for it. Jim Messina is an American who’s interest in his personal stock, in ‘chalking up another in the win column’. Anyone who doubts that only needs to look at his actions before and after the result.
Jim Messina won’t be the one to suffer though. He’ll just go home to America.
While David Cameron will rightly bear the blame, he employed the man after all, there’s a lesson in employing folk from outside the franchise to meddle within it.
David Cameron will try to heal the rifts, slap sticking plaster on the wounds. History will show he might as well have tried to put out the great fire of London using a teacup dipped in the Thames, for like that conflagration the firestorm of constitutional upheaval will now just have to burn itself out. As to Cameron, he might just find himself unaware he has already chained his legacy to the stake.
Now that the election is over, we’ll be told that it’s just time to ‘heal the divisions’ and ‘suck it up’ because ‘democracy has spoken’. That’s if we’re told anything at all.
Consider; this was an election the outcome of which you couldn’t split with a guillotine. It was an election billed as the tightest of modern times. Polls hadn’t shifted in months. So what happened on the day?
Cameron’s noose – that object so beloved of hangmen, which strikes mortal fear into the condemned.
Human brains are funny things. We can be told all sorts of stuff, but we don’t believe it until presented with the news/act/fact that’ll bring it home. Two simple examples can be used to demonstrate this, the condemned and the smoker. The condemned usually manage not to think much about their future, or relative lack of it, until the final little while. Seeing the noose brings home everything, that last walk, the trepidation builds. For tobacco users, it will always happen to someone else, until it happens to them, then they usually wish they’d made different choices.
At this year’s GE, Middle England was presented with tales of an ‘Ajockalypse’, and in a comedic way it struck home, but wasn’t really taken seriously.
When many of Middle England’s swing voters walked into the booth however, they saw the horror of ‘Ajockalypse’ on that ballot paper – like the hangman’s noose, it was staring them in the face. For them though, there was an easy reprieve, just hold your nose and mark the paper somewhere else, praying that enough others would do the same that you’d be granted a permanent stay of execution.
It worked.
Middle England voted for the pain of five more years of ‘austerity’.
Middle England voted for ongoing demonization of the poor.
Middle England voted for disgraceful treatment of the underprivileged.
Middle England held its collective nose and voted for unfettered Toryism.
Middle England voted for Nuclear weapons; for bombs before bairns.
Middle England voted for ongoing creeping privatization of the NHS.
Middle England voted to go with the only significant party not promising constitutional reform.
Middle England voted to hurt itself.
Middle England did this because it was, quite simply, more afraid of ‘Ajockalypse’ than all of these issues combined.
Scotland must suffer it, because it’s what Middle England wanted. Faced with a perceived immediate disaster by ‘Ajockalypse’ and a more prolonged but incremental pain, Middle England chose unrestricted Toryism as the way to save itself from Scottish influence.
Middle England chose unidentified but certain and savage cuts. Cuts that have been guaranteed but not specified as to where they’ll fall, because it was convinced it was preferable to the certainty of ‘Ajockalypse’.
It really doesn’t matter how anyone examines the facts, at day’s end, both Labour and Tory campaigns were woeful, the polls told us this too. The only thing which really separated them was ‘Ajockalypse’.
On May 7th, 2015, Middle England decided it couldn’t suffer ‘Ajockalypse Now’, it didn’t realize that with that choice, it’s guaranteed it; it’ll just never acknowledge it as such.
David Cameron won an election – he squandered a state to do it.
History will teach, ‘Ajockalypse’ will be the word that finally condemned a union.
David Cameron will ultimately go down in history as the Prime Minister who won a referendum only to snatch defeat from the jaws of victory. It will only rate a footnote, if that, but the strategies Cameron pursued were designed by an American, Jim Messina, an American who has absolutely no concept of an already fractured Union, an American who doesn’t care for it. Jim Messina is an American who’s interest in his personal stock, in ‘chalking up another in the win column’. Anyone who doubts that only needs to look at his actions before and after the result.
Jim Messina won’t be the one to suffer though. He’ll just go home to America.
While David Cameron will rightly bear the blame, he employed the man after all, there’s a lesson in employing folk from outside the franchise to meddle within it.
David Cameron will try to heal the rifts, slap sticking plaster on the wounds. History will show he might as well have tried to put out the great fire of London using a teacup dipped in the Thames, for like that conflagration the firestorm of constitutional upheaval will now just have to burn itself out. As to Cameron, he might just find himself unaware he has already chained his legacy to the stake.
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