Tag Archives: authoritarianism

Operation Elveden dragging their feet over Piers Morgan

To DC Paulette Rooke

Operation Eleveden

Metropolitan Police

New Scotland Yard

8/10 The Broadway

London  SW1H OBG

CC

Commander Neil Basu

John Whittingdale MP

George Eustice MP

John Whittingdale MP

George Eustice MP

Gerald Howarth MP

Keir Starmer (DPP)

mark.lewis@thlaw.co.uk

17 May  2013

Dear DC Rooke

It is now more than four months since I submitted to Operation Elveden cast iron  evidence of Piers Morgan’s  illicit receipt of information from the police, Jeff Edwards’ illicit receipt of information from the Met Police, the perjury of Morgan and Edwards before the Leveson Inquiry and Det Supt Jeff Curtis’ failure to meaningfully investigate Edwards and Morgan’s involvement in receiving information illicitly from the police.

To recap, the evidence I have provided includes a letter from Piers Morgan when editor of the Mirror to the PCC in which he admits receiving the illicit information, a Mirror story which  contains information which could only have been obtained illicitly from the police and a tape recording between Jeff Edwards and me in which D-Supt Curtis states that he will be interviewing Morgan and Edwards  and says the matter is straightforward because of the evidence I had provided. Curtis then failed to interview anybody at the Mirror or have any check made of their records for evidence of payments  for information.

With such rock-hard evidence in your possession, I think most people would be utterly astonished that no investigation appears to have commenced after 4 months. Yet that is, to the best of my knowledge, exactly what has happened.   I have had no substantive contact with Operation Elveden since I submitted the complaint and my requests to give a formal statement and meet to  discuss the matter further  with a senior officer have been ignored.  When you reply please tell me exactly  what has been done so far to investigate this matter .

I repeat my requests to give a formal statement and meet with a senior officer from Operation Elveden to discuss the progress of my complaint.

Yours sincerely,

Robert Henderson

See also

http://livinginamadhouse.wordpress.com/2013/01/24/piers-morgans-illegal-receipt-of-information-from-the-police-his-perjury-and-operation-elveden/

http://livinginamadhouse.wordpress.com/2013/01/29/piers-morgans-illegal-receipt-of-information-from-the-police-his-perjury-and-operation-elveden-part-ii/

http://livinginamadhouse.wordpress.com/2013/03/25/piers-morgans-illegal-receipt-of-information-from-the-police-his-perjury-and-operation-elveden-part-iii/

Press regulation and the British constitution

Robert Henderson

The proposed regulation

The considerable constitutional implications of the proposed regulation of the  press by Royal Charter with  statutory restraints preventing the Charter’s  change and legislation creating different classes of plaintiff in civil cases seems to have passed our politicians by.

The proposal is for the normal ultimate control of a Royal Charter by politicians working through the  Privy Council to be circumscribed by a clause in a statute. In addition, further legislation to allow exemplary damages and costs. will be needed.  To demonstrate why this raises constitutional difficulties it is necessary to first understand what the proposed system will be and do. That requires a detailed examination of the draft Royal Charter.

The Royal Charter

There have been three draft Royal Charters: the original Tory Charter, the Labour/Libdem Charter and the third and latest which is the  draft  (published on 18th march) containing the agreed text by all three major party leaders. The  18th  March Charter  can be found at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/142789/18_March_2013_Royal_Charter_on_self-regulation_of_the_press__for_publication_.pdf. A commentary on and full text of the previous draft Royal Charters produced by the Tories and  the combined efforts of the Labour and the LibDems can be found  at http://martinbelam.com/2013/royal-charter-diffs/.

The statutory underpinning

The statutory underpinning will be,  according to the BBC, a general instruction for all  new Royal Charters after a certain date in 2013, viz:

“Early on Monday a deal was struck, under which a clause in the Enterprise and Regulatory Reform Bill would be tabled in the Lords.

This would state that a royal charter cannot be changed unless it meets requirements stated within that charter for amendments.

It does not mention any specific charter, Leveson or the press – but the royal charter on press regulation would itself state that it cannot be amended without a two-thirds majority of Parliament. “(http://www.bbc.co.uk/news/uk-21825823)

This statutory underpinning is intended to give absolute force to these provisions in the 18th March  Royal Charter:

“9.2. Before any proposal (made by any person) to add to, supplement, vary or omit (in whole or in part) a provision of this Charter (“proposed change”) can take effect a draft of the proposed change must have been laid before Parliament, and approved by a resolution of each House. For this purpose “approved” means that at least two-thirds of the members of the House in question who vote on the motion do so in support of it.

9.3. The Recognition Panel may only propose a change to the terms of this Charter if a resolution has been passed unanimously by all of the Members of the Board, who shall determine the matter at a meeting duly convened for that purpose.

10.1. This Charter, and the Recognition Panel created by it, shall not be dissolved unless information about the proposed dissolution has been presented to Parliament, and that proposal has been approved by a resolution of each House. For this purpose “approved” means that at least two-thirds of the members of the House in question who vote on the motion do so in support of it.”

The power to take or refuse complaints

The 18th March draft Charter gives  the proposed press regulator the power to take or refuse complaints as follows:

Schedule 3

“11. The Board should have the power to hear and decide on complaints about breach of the standards code by those who subscribe. The Board will need to have the discretion not to look into complaints if they feel that the complaint is without justification, is an attempt to argue a point of opinion rather than a standards code breach, or is simply an attempt to lobby. The Board should have the power (but not necessarily the duty) to hear complaints:

a) from anyone personally and directly affected by the alleged breach of the standards code, or

b) where there is an alleged breach of the code and there is public interest in the Board giving consideration to the complaint from a representative group affected by the alleged breach, or

c) from a third party seeking to ensure accuracy of published information.”

This gives both a very wide range of complainant and much subjective discretionary power to the Regulator.

The power to impose penalties

The penalties and procedures which the Regulator has to punish and enforce its judgements by the 18th March Charter are:

“15. In relation to complaints, where a negotiated outcome between a complainant and a subscriber (pursuant to criterion 10) has failed, the Board should have the power to direct appropriate remedial action for breach of standards and the publication of corrections and apologies. Although remedies are essentially about correcting the record for individuals, the power to direct a correction and an apology must apply equally in relation to:

a. individual standards breaches; and

b. groups of people as defined in criterion 11 where there is no single identifiable individual who has been affected; and

c. matters of fact where there is no single identifiable individual who has been affected.

16. In the event of no agreement between a complainant and a subscriber (pursuant to criterion 10), the power to direct the nature, extent and placement of corrections and apologies should lie with the Board.

17. The Board should not have the power to prevent publication of any material, by anyone, at any time although (in its discretion) it should be able to offer a service of advice to editors of subscribing publications relating to code compliance.

18. The Board, being an independent self-regulatory body, should have authority to examine issues on its own initiative and have sufficient powers to carry out investigations both into suspected serious or systemic breaches of the code and failures to comply with directions of the Board. The investigations process must be simple and credible and those who subscribe must be required to cooperate with any such investigation.

19. The Board should have the power to impose appropriate and proportionate sanctions (including but not limited to financial sanctions up to 1% of turnover attributable to the publication concerned with a maximum of £1,000,000) on any subscriber found to be responsible for serious or systemic breaches of the standards code or governance requirements of the body. The Board should have sufficient powers to require appropriate information from subscribers in order to ascertain the turnover that is attributable to a publication irrespective of any particular accounting arrangements of the publication or subscriber. The sanctions that should be available should include power to require publication of corrections, if the breaches relate to accuracy, or apologies if the breaches relate to other provisions of the code.

19A.The Board should establish a ring-fenced enforcement fund, into which receipts from financial sanctions could be paid, for the purpose of funding investigations.”

These powers are considerable and the fines  could cause genuine financial difficulty to lesser players in the press field because  fines are on turnover not profit.  The risk is severe because of the immensely broad definition of a publisher who is not a broadcaster:

Schedule 4 b) “relevant publisher” means a person (other than a broadcaster) who publishes in the United Kingdom:

i. a newspaper or magazine containing news-related material, or

ii. a website containing news-related material (whether or not related to a newspaper or magazine);

The recklessly broad  definition will almost certainly make the system next to unworkable if the Regulator is genuinely to take complaints from both third parties and  complaints about everything from a blog run by a private individual to the largest circulation daily. The experience of the Information Commissioner’s Office (ICO) is instructive with the ICO regularly taking one to two years to complete investigations.

The penalties for not being registered with the Regulator

The proposal is that any publisher (as defined by the Royal Charter) who does not sign up with the new regulator will leave themselves open to exemplary damages plus costs if sued  successfully in the courts and may be liable for costs even if they successfully defend a suit in certain circumstances.

These penalties are not part of the Royal Charter or the statutory underpinning already described. Consequently further  legislation will be required. This will be direct statutory control of the press no matter how much politicians try to fudge the matter.  How far such law would be subject to successful legal challenge is debatable because the Human Rights Act contains this:

“Article 10 Freedom of expression.

1Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.” (http://www.legislation.gov.uk/ukpga/1998/42)

The constitutional issues 

If the Charter cannot be amended or dissolved  with less than a two-thirds majority of both houses of Parliament  because a statute has been passed forbidding it,  this  is an  attempt at a de facto superior law, a law moreover, which is binding on future governments. As the two thirds  majority would be extremely difficult to achieve, it would in effect sabotage the constitutional principle that no Parliament can bind its successors by passing laws which cannot be repealed. This is even the case with treaties emanating from the EU. All the major British parties have at one time or another maintained that Parliament is sovereign and the treaties and legislation resulting from   Britain’s membership of first the European Economic Community and its successor the European Union could be nullified by Parliament’s repeal of laws and repudiation of treaties.

Unless a formal framework for such a superior law is introduced into our Constitution, the present  attempt would fail because the restrictions on change or repeal supposedly created by the statutory underpinning could be overcome simply by repealing the entire law in which the statutory restrictions  are  enshrined. That would apply even if a separate Act was passed dealing solely with  restricting changes to the Charter or its abolition. This is so because there could be no such restriction under present circumstances on repealing an entire statute because all statutes are equal and subject to repeal by simple majorities in the two houses of Parliament. In passing it is worth noting that the legislation to make the early calling of general elections difficult  suffers from the same insecurity of application because it requires more than a simple majority.

The next problem is the clash between the general rules governing amendments to Royal Charters and the proposed restrictions imposed by statute:

…once incorporated by Royal Charter a body surrenders significant aspects of the control of its internal affairs to the Privy Council. Amendments to Charters can be made only with the agreement of The Queen in Council, and amendments to the body’s by-laws require the approval of the Council (though not normally of Her Majesty). This effectively means a significant degree of Government regulation of the affairs of the body, and the Privy Council will therefore wish to be satisfied that such regulation accords with public policy. (http://privycouncil.independent.gov.uk/royal-charters/chartered-bodies/).

And

(d) incorporation by Charter is a form of Government regulation as future amendments to the Charter and by-laws of the body require Privy Council (ie Government) approval. There therefore needs to be a convincing case that it would be in the public interest to regulate the body in this way; (http://privycouncil.independent.gov.uk/royal-charters/applying-for-a-royal-charter/)

The Privy Council practices come  into direct opposition with the draft Royal Charter  where it touches on amendments  to or dissolution of the  Charter.  It is important to understand that  if granted the Royal Charter will not be an artefact of Parliament.  Technically it will be a Royal artefact although in reality a government artefact.   It might be thought that Parliament being sovereign could override the Privy Council procedures, but it is not as simple as that. The Privy Council procedures are separate from Parliament.  If Parliament wants them to be subordinate to Parliament that would make Royal Charters in effect artefacts of Parliament in the same way that secondary legislation such as statutory instruments and orders  in council  are semi-detached   artefacts of Parliament.

The third and last difficulty is the fact that the proposed Charter would create a quasi-judicial authority (I think that that would make it  unique amongst Royal Charters).  That quasi-judicial function would leave it open to legal challenge, both at the level of the Recognition Panel (RP) which appoints the regulator and the regulator itself . Because there is statutory underpinning  of both the RP and the regulator and the RP is  in receipt of public funds at least in the early years, it might well be that either body could  be subject to judicial review because either could be deemed a public body and  a regulatory body established by statute  (http://www.judiciary.gov.uk/you-and-the-judiciary/judicial-review).

The other objection to the quasi-judicial status created by the proposed regulatory system is the fact that quasi-judicial powers (and very considerable ones) are being granted by a body other than  Parliament .

The likely outcome

The proposals are a cynical ploy to prepare the ground for serious interference  with the traditional press and the broader internet media because of the breadth of the definition of a publisher.   These are proposals which are incompatible with any society that calls itself free or has pretensions to be a democracy because by definition anything may be debated in a democracy.

The intended consequences of the proposals are clearly to manipulate the press and internet media both in instances of actual publication and through the deterrent effect of the possible consequences which publication of a story will bring. Moreover, anyone who believes that this will be the end of political interference with the press and internet publishers is credulous to the point of imbecility.  Once state regulation of any degree becomes the status quo  it will provide the psychological launching pad for further control. This will be difficult to argue against because the pass on press freedom will already have been sold.

The fact of such an agreement amongst the leadership of all our major parties is profoundly depressing because it means not one of them collectively understands the value of  free expression as a cleansing lotion for immoral behaviour, especially that by the powerful and influential.  To that is added the contemptible portrayal of the proposed scheme  by the major parties as anything but what it is, namely, grubby authoritarianism.

None of that is to  say that those abused by the press do not require protection.  A statutory right of reply (RoR) would do what was required without any chance of political interference. This is because it is a self-organising process which would involve only the newspaper and the complainant or, where an RoR was refused, the courts to enforce it.  The involvement of the courts would not require the courts to make a judgement on what the publication had written or what the subject of their story wanted to say in reply. All the court would be doing is forcing the publication to provide the RoR. The detailed arguments for an RoR  can be found at http://livinginamadhouse.wordpress.com/2013/02/25/curing-media-abuse-a-statutory-right-to-reply-is-needed/.

Is all lost? Happily there is some hope.  That exists not because there is likely to be any turnabout out of principle by our politicians. Rather, it exists because they have, as so very often,  not thought through the consequences of a policy.    Apart from the constitutional difficulties,  the practical difficulties are huge.  The great breadth of the definition of what is a publisher will potentially make the work of  the Regulator impossible simply because they will be overwhelmed with work.

In addition, there will be endless opportunity for the wealthier subscribers to the Regulator to pursue legal challenges to the rulings of the Regulator, not least because as I have described the legal position of the Regulator and the RP is a dog’s dinner.

Finally, there is the question of whether the  big press publishers will all sign up, even though that will protect them from exemplary damages and costs even if they have won a case in the courts.  There are signs that some at least  might well refuse.  If many refused that would kill the proposals stone dead. But even if they all signed up they could sabotage the intentions of the Royal Charter  by engaging in a barrage of legal actions against the Regulator.

The Bruges Group meeting From Here to the Referendum held on 12 February 2013

Robert Henderson

The Tory  MPs Peter Bone and Richard Shepherd were the speakers . (http://www.brugesgroup.com/eu/from-here-to-the-referendum.htm?xp=speeches).  Both are in favour of the UK leaving the EU, although that of course begs the question of on what terms.   Much of their speeches were not directly to do with the referendum . To get the parts which were go  into  the Peter Bone speech at 9 minutes 27 seconds and the Richard Shepherd speech at 11 minutes and 50 seconds to get to their views on the future and the prospective referendum.

The MPs were frank about why no referendum could be held in this Parliament:  a consequence of the lack of a Commons majority and the deadweight of the Lib Dems on the government. Both admitted that  prospects of a referendum being held  in the next Parliament  (the  audience was decidedly sceptical on this point)  were far from certain, but they were distinctly more optimistic than most of the people at the meeting.

The most positive move suggested by the MPs was for a campaign by Tory Eurosceptic MPs  to get Cameron to introduce a paving Bill for an in/out referendum  before the next General Election for a referendum in the next Parliament.  This would put both Labour and the Lib Dems in a difficult position because, if they did not support and pass such a bill,  it would allow the Conservative Party to go into the next election as the only major party promising a referendum. If such a paving Bill were passed, it would then be effectively impossible not to have a referendum in the next Parliament.   In principle, this is a sound tactic but of course it does beg the question of the terms of the referendum and how it would be done.  Reports appeared  in the media for precisely such a Bill on 17 February (http://www.telegraph.co.uk/active/9875024/Tory-MPs-want-new-law-to-lock-in-EU-referendum-pledge.html) .

Apart from the question of whether  a referendum will actually be held, there were two things of note  about the meeting: a widespread legalism which led  a number of the questioners from the audience to fret over the restrictions placed on a member state leaving by Article 50 of the Lisbon Treaty and an  undue  concentration by both the speakers and audience on economics as the ground on which the anti-EU and pro-EU camps would fight. (Richard Shepherd in his general comments  did show himself to have a strong sense of  nation and to understand that the core issue at stake was being masters in our own house, but still fell back on economics when it came to his doubts about how the public would respond).

When I asked  a question I prefaced it with a refutation  of the idea that leaving the EU meant invoking  Article 50 of the Lisbon Treaty .  I did this by pointing out that international law is no law,  but merely agreements between sovereign states. For laws to have meaning, they must be  applied equally within the jurisdiction. International law patently does not do this, a  fact due to  the absence of  any practical means to make all states abide by the law (who would invade China or the USA to enforce breaches or  impose sanctions? )  Richard Shepherd thanked me for making the point with which he agreed. After the meeting a number of people sought me out and did the same.  I suspect this would have widespread appeal in a referendum campaign.

As for the concentration on economics, this is simply playing into the hands of the Europhiles.  The general public simply will not take the detailed economic arguments  on board.  At worst they will simply hear the frightening false claims about millions of jobs being lost.  The campaign to leave the EU should be centred on the question “Do we wish to be masters in our own house?” That will be readily understandable to anyone of normal intelligence and will tap into the innate tribal sense of human beings.  If the stay-in camp have to fight on ground other than the economic they will have no sure footing, their only argument  being the demonstrably false one that the EU has prevented war in Europe for 60 years. (This argument can be readily punctured by pointing out that for its first twenty years there were only six countries involved and only until the 1980s.  It was the  Cold War that kept the peace).  The economic arguments must be addressed but they  should be subordinate to the political issue of sovereignty.

When I got to my question,  I took the subject  beyond the next election and painted a future in which   the  Tories had been returned with a working majority, the in/out referendum had been held and the vote had been to leave the EU. I then asked what confidence we could have that whoever was in power would not sell us down the river by renegotiating  terms which would in practice lock us into the EU through such things as the “Four Freedoms”  of the EU, the free movement of goods, services, capital and most importantly people not only within the EU states but the larger European Economic Area which includes the likes of Norway.   I particularly stressed the importance of regaining control over our borders when it came to immigration, something which got the loudest murmur of agreement of the night.   I got no meaningful answer from the MPs  on that point –  the best they could offer was the tactic already described of pushing for a paving Bill for a referendum.

Apart from the question of the EU, it was very interestingly to see how disenchanted both Bone and Shepherd were with Cameron’s leadership  and the issue of gay marriage in particular. Shepherd spoke of Cameron “racing against his party” (Go into his speech at 5 minutes).   The audience was very much in sympathy with both their general dissatisfaction and their opposition to “gay marriage”.

There were  approximately 60 people attending.

Piers Morgan’s illegal receipt of information from the police, his perjury and Operation Elveden

Robert Henderson

On Monday 21 January I went to New Scotland Yard (NSY) with the intention of providing evidence to Operation Elveden  of Piers Morgan  and Jeff Edwards’ receipt of information illegally from the police and their perjury before the  Leveson Inquiry when they lied under oath.

I was unable to gain entry. Those on the entrance were insistent  that I would have to make an  appointment.  (I cannot help  but wonder what would have happened if I had turned up without an appointment to give, for example, evidence about a murder or terrorist plot: would it have been  “Sorry sir, we can’t see you without an appointment”?)  I  rang from outside the NSY   to try and arrange an immediate  appointment only to be told by the Met’s central switchboard that  no one was available to make the appointment. I left my details and a civilian worker phoned me later in the day and made an appointment for the local police  to visit me at 11.00 am on 22 January.  He gave me the case  reference CAD 3124/2/Jan.

Two uniformed PCs turned up from Holborn police station (I gave them the  details, but as they admitted themselves, the case was more than a little out of their normal range of work.   (That was precisely why I had gone directly to the NSY rather than ringing to make an appointment. I knew if I tried to make an appointment I would in all probability be  directed  to my local police station.  Some people may think it is a very curious thing that Operation Elveden does not have a direct phone line or public email address for those wishing to give information to use ).  In the circumstances I could do no more than run through the details  and pass on to the two PCs  the following documents:

1.Piers Morgan’s Letter to the PCC date 16 October 1997  in which he admits receiving information from the police in circumstances which can only have been illegal.  (http://livinginamadhouse.wordpress.com/2011/12/20/piers-morgan-lied-to-the-leveson-inquiry/)

2. A copy of the Daily Mirror  story about me dated 25 March 1997 which produced the complaint to the PCC  which caused  Morgan to write the letter in which he admitted receiving information from the police in circumstances which can only have been illegal.  (http://livinginamadhouse.wordpress.com/2011/04/17/the-failure-to-charge-piers-morgan-with-illicitly-receiving-information-from-the-police/)

3. Copies of the then director of Presswise Mike Jempson’s correspondence on my behalf with the PCC relating to the Mirror story dated 23 December 1997, 9 January 1998, 20 January 1998, 18 February 1998, 2 March 1998.

4. My evidence to the Leveson Inquiry of  Morgan ’s perjury dated 23 December 2011 (http://livinginamadhouse.wordpress.com/2011/12/22/referral-of-piers-morgans-perjury-to-the-leveson-inquiry/).

5. My evidence to  the Leveson Inquiry of Edwards’ perjury dated 25 March 2012 (http://livinginamadhouse.wordpress.com/2012/03/26/leveson-inquiry-jeff-edwards-and-another-prima-facie-case-of-perjury/).

6. My original submission to the Leveson Inquiry dated 25 November  2011 (http://livinginamadhouse.wordpress.com/2011/11/25/the-leveson-inquiry-the-blairs-the-mirror-the-police-and-me/)

7. Sir Richard Body’s Early Day Motion 10th November 1999 which dealt with the general context of the events surrounding the Mirror story  with the role of the Blairs at its heart. (http://livinginamadhouse.wordpress.com/2010/10/26/when-tony-and-cherie-blair-tried-to-have-me-jailed/)

8. A copy of my Wisden Cricket Article Is it in the Blood? (from the July 1995 edition). It was my gross mistreatment by the mainstream British media after the publication of the article that led me ultimately to write to the Blairs asking for their assistance after all other available avenues of redress had failed me (http://englandcalling.wordpress.com/2011/02/15/is-it-in-the-blood-and-the-hypocrisy-of-the-media/).

9. A letter addressed to the new head of Operation Elveden Deputy Assistant Commissioner  Steve Kavanagh dated 21 January 2013.  A copy of this is below.

On the 23 January 2013 I received an email advising me that the information I had given had been forwarded to Operation Elveden and a message was left on my answerphone   asking me to contact Operation Elveden on Friday 25 January.

That the two PCs found the matter somewhat daunting is  unsurprising as  it has a very heavy political loading  because of the involvement  Tony and Cherie Blair who had attempted to have me prosecuted during the first week of the 1997 General Election campaign under the Malicious Communications Act. So weak was this complaint that,  despite the Blairs’ celebrity and Labour’s  almost certain  win in the election which would make Blair Prime Minister, the Crown Prosecution Service rejected the complaint with a  firm NO CRIME on the same day it was submitted to them by the police for guidance.

I have restricted my complaints to Operation Elveden strictly to that which is within their remit.  However, these examples of criminality and misbehaviour by those with power or influence are only a small part of the overall story of the Blair Scandal.   My experience from 1997 to 2007 when Blair retired was of being in  a Kafkaesque world in which,  despite being subjected to harassment which ranged from death threats and an internet campaign which attempted incite violence against me to regular interference with my post, the police did not solve any of the crimes which I referred to them. This was scarcely surprising as they ignored the evidence I provided, no matter how strong it was.  The most blatant example of this behaviour was the failure of Det Supt Jeff Curtis of Scotland Yard  to question Piers Morgan and Jeff Edwards of the Mirror about receiving information illegally from the police even though they had the  letter from Morgan admitting he had received information from the police.  The Crown Prosecution Service and the Police Complaints Authority  backed up the failure of the police to investigate meaningfully or sufficiently by refusing any complaints of police inactivity which I referred to them.

The complicity of the elite went  far beyond crime. The mainstream media engaged in a conspiracy of silence after the publication of the Mirror story, neither allowing me a public voice nor even following up the Mirror story ;  The PCC repeatedly failed me; my MP Frank Dobson refused to help in any way, as did  institutions such as  Liberty  and the Index on Censorship. If I went to lawyers they would blanche as soon as they found the Blairs were involved and refused to act for me.

If I manage to get Operation Elveden to prosecute Blair and Edwards, it may be possible to bring the larger story to the mainstream media.    Let us hope so because one thing I can vouch for from long personal experience is that where people  with power and influence are involved the laws which govern us fall rapidly into abeyance.

———————————————————————————————————————————-

To

Deputy Assistant Commissioner  Steve Kavanagh

Operation Eleveden

Metropolitan Police

New Scotland Yard

8/10 The Broadway

London  SW1H OBG

(Tel: 0207 230 1212)

21 January 2013

CC Gerald Howarth MP

mark.lewis@thlaw.co.uk

 

Dear Mr Kavanagh,

I submit conclusive evidence that (1) the editor of a national newspaper  received information from the  police illicitly and (2) when questioned under oath at the Leveson Inquiry committed perjury by denying that he had ever received information illicitly from the police .

Piers Morgan

The editor in question is Piers Morgan when he edited the Daily Mirror.  The evidence of his receipt of information is beautifully simple: he admitted this in a letter to the PCC dated  16 October 1997 in which  he wrote “The police source of our article (whose identity we have a moral obligation to protect”.  If the information had been given legitimately there would be no reason for protecting the source.   Nor, because no charges were laid or investigation made, could there have been a legitimate reason  for releasing  the  information. A copy  of the letter is enclosed.

The  letter was sent to me after I complained to the PCC about a dramatically libellous article Morgan published about me on 25 March 1997  (copy enclosed).  The illicit information related to complaints made about me by Tony and Cherie Blair to Belgravia Police  in March 1997. I had written to them seeking their help and,  when they refused, I circulated copies of my letters and  the replies I received to the mainstream media at the beginning of the 1997 election campaign. The Blairs did not go to the police when I sent the letters, only after I circulated them to the media.  The  complaints  had so little substance  that they were dismissed by the CPS with the ruling “NO CRIME” within a few hours of them  being submitted to them for guidance by Belgravia Police.

The odds must be heavily on the  Mirror having paid for the information because it is difficult to see what other motive  a police officer would have for  releasing such information.  However, by accepting information illicitly from the police, whether or not money was paid, offences relating to Misconduct in a Public Office and  the Official  Secrets Act were committed, both by the police officer and Mirror employees including Morgan.  If money was paid by the Mirror to the police officer,  further offences arise under  the laws relating to corruption.

The evidence of Morgan’s  perjury before the Leveson Inquiry is contained in the copy of my submission to the Inquiry informing them of the perjury dated 22 December 2011 which I enclose.

I ask you to investigate both Morgan’s receipt of illicit information from the police and his perjury before Leveson.

Jeff Edwards

In addition to Morgan’s perjury, the Mirror reporter who wrote the story about me, their then  Chief Crime Reporter Jeff Edwards, also committed perjury before the Leveson Inquiry by denying ever receiving information illicitly from the police.   The details are included in the copy of my submission to the Inquiry informing them of the perjury dated  25 March 2012 which  I enclose .

As Edwards was the reporter who wrote the story to which Morgan referred in his letter to the PCC, he must have been the person to whom the police officer referred to in Morgan’s letter gave the illicit information. .

I ask you to investigate Edwards for his receipt of illicit information from the police and his perjury before Leveson.

The original police failure to meaningfully  investigate my complaint

In 1997 I made a complaint about the illicit supply of information about me by the police to the Mirror. The case was handled by Detective Superintendent Jeff Curtis of Scotland Yard .  No meaningful investigation was undertaken because, as Det Supt Curtis eventually admitted to me during a phone call, the  “investigation” was ended without anyone at the Mirror being  interviewed; not Morgan, Edwards or anyone else.   I enclose my final letter to  Det Supt Curtis dated 2 December 1999, Det Supt A Bamber’s reply to that letter 13 December 1999 and the PCA’s letter dated November 1999  refusing  to investigate further. This again is self-evidently absurd because of the  failure to question Morgan and Edwards.

I ask you to investigate Ian Curtis for perverting the course of justice by failing to investigate conclusive and incontrovertible evidence of  a serious crime.

Yours sincerely,

 

Robert Henderson

Gay Marriage, political correctness and Newspeak

Robert Henderson

The commonly made objections to Gay Marriage are  (a) marriage is traditionally between a man and a woman, a fact underpinned for  many opponents by religious beliefs that only a man and a woman can be  married,  (b)  claims that  expansion of the definition of marriage to include same sex relationships will  undermine the family  and  (c) such a novel status creates a legal anomaly whereby homosexual relationships  become in some areas privileged over  close non-sexual relationships between people of the same sex, for example, two elderly spinster sisters  living together.

The problem with these objections is that although they have a considerable moral traction to the supporters of marriage as being between a man and woman ,  they are not intellectually conclusive.  Supporters of gay marriage can point to the  differences in what counts as marriage in different times and places – everything from pristine monogamy to polygamy and polyandry.  Religious justifications for opposition will cut no ice with those of no religion or  those of a different religion or strand of a religion. In addition  civil partnerships  already create much the  same legal as situation as gay marriage would do.  Unless the opponents of gay marriage also oppose civil partnerships,  and many do not,  they do not have much of a case if they wish to base their argument on the damage to the institution of  marriage deriving from the formal  legal equality gay marriage would bring. (http://www.adviceguide.org.uk/england/relationships_e/relationships_living_together_marriage_and_civil_partnership_e/civil_partnerships_and_living_together___legal_differences.htm).

But opponents of gay marriage need not despair. There is an objection which is far more powerful and  fireproofed against finessing and abuse.   It can appeal to people of  widely differing views because it is not attached to any of the direct arguments for and against gay marriage. It is also beautifully simple: in a free society language should evolve naturally through common usage.  If governments are allowed to change the meaning of words by redefining them in law  we are  in the realm of 1984 and Newspeak .

The purpose of Newspeak was beautifully simple. It was to make whatever thoughts were deemed undesirable by the party impossible to formulate. This was done most radically by removing words from the vocabulary.  For example, negative words such as bad and  poor were not available in Newspeak. To say something was bad or poor the Newspeak user had to say ungood which could be heightened to plusungood or doubleplusungood.  It was still possible to signify that something was bad or poor in Newspeak, but it could only be done using words which were much less emotionally potent because they were both new and had echoes of the positive word good.  (Orwell wrote an appendix to 1984 which developed the idea of Newspeak considerably to show how dangerous control of language can be.).

Newspeak also altered the meaning of words by simply  redefining them. Most famously the Party Slogans in 1984 are:

War is peace

Freedom is slavery

Ignorance is strength

That is what the proponents of gay marriage are doing. In England  marriage  has always  meant one man and one woman.     To alter the word to mean any sexual combination is to deny  its usage in England from time immemorial. Moreover, whatever the variations on marriage or sexual cohabitation that have existed and may exist today in other parts of the world, one thing is certain: marriage has everywhere been a heterosexual relationship. A more radical change in the meaning of a word  it is difficult to imagine.

If  gay marriage does pass into law it will  become unreservedly  illegal for any corporation or individual offering a product or service to treat a homosexual marriage differently from  that between two heterosexuals.   It is also probable in the increasingly authoritarian imposition of political correctness generally that a refusal to recognise relationships between two people of the same sex as a marriage  will be treated as a hate crime.

A re-definition of marriage also  leads to other related words –  adultery, divorce, consummation (of marriage)  - being  of necessity redefined  so that behaviours and events which now only concern heterosexual relationships also concern relationships between those of the same gender.  In addition, it will mean the removal of the terms mother and father from  many laws and legal documents.

Granting the right of marriage to homosexuals is  taking away something from  heterosexuals  not simply giving something to homosexuals. That something is  the institution of marriage being their  sole possession, of being something special to them.  Nors would there be true equality between homosexual and heterosexual marriages because  there can be no possibility of children in the case of the former. It is true that some marriages between men and women are childless,  but the possibility is there  and in the overwhelming majority of cases  also the intent to have children.  In addition, gay marriage would raise other awkward questions such as the question of  the prohibition against  siblings  marrying. As there would be no question of children the banning of  sibling marriage – either two brothers or two sisters  marrying – would have little force on rational grounds .

The drive for gay marriage is part of the general  plan of the politically correct to force their ideas onto society as a whole.   This  requires people to  deny reality and accept that which is abnormal as  normal.  Objectively homosexuality is abnormal because most do not practice it.  Objectively, men and women fundamentally differ because their biology and biological functions  are  different .   Objectively discrimination generally is not an evil but a necessary part of existence,  for all animals including homo sapiens because to make a choice is to discriminate. Objectively  discrimination on the grounds of race and ethnicity exists universally  and to suggest that this is the result of  social conditioning arising in every society across the world stretches credulity  far beyond breaking point.

A fundamental tool in enforcing  such ideas is the redefining of words by the exercise of power.  The push for gay marriage is simply a symptom of   something much more sinister: an  attempt to change not only the outward appearance of society radically but to persuade people to  believe that the wholesale calling of black white involved in political correctness is reality itself or failing that to come to believe that  denying the maxims of the creed is dangerous.  It is the stuff of Year Zero, a mentality that can lead to any abomination. .

Leveson Inquiry – Leveson makes me (and possibly others) a non-person

Robert Henderson

The Leveson Inquiry report was published on 29th November. The  executive summary   is at  http://www.official-documents.gov.uk/document/hc1213/hc07/0779/0779.asp

The full Report is at http://www.official-documents.gov.uk/document/hc1213/hc07/0780/0780.asp

I have only been able to have a quick glance at the 2000 odd page document but I have found something very strange. I have become a non-person in Leveson World. There is a long list of those making submissions to the Inquiry . I made very substantial submissions to Leveson – my initial submission can be found at http://livinginamadhouse.wordpress.com/2011/11/25/the-leveson-inquiry-the-blairs-the-mirror-the-police-and-me/ .

Leveson’s report contains a long list of the names of those who made submissions – see – http://www.official-documents.gov.uk/document/hc1213/hc07/0780/0780_iv.pdf  page 1839 volume IV.    My name is not in the list.

Not content with refusing to allow me to appear as a core participant or an ordinary witness,  Leveson has deliberately excluded any evidence  that I made  submissions.  It would be interesting to know if any other people who made submissions  have had their names omitted.

Such an omission  is most irregular. Where submissions are solicited by an official inquiry,  the submissions,  or at least a note of who has made submissions,  are routinely included in an appendix to the report.

Why is Leveson so determined not to have my submission to his Inquiry suppressed? Amongst other things   I provided him with

1. A  letter from Piers Morgan to the PCC when he was Daily Mirror editor admitting that he had received in formation from the police in circumstances which can only have been have been illegal.

2. Evidence that Morgan and his one-time Mirror chief crime reporter Jeff Edwards had committed perjury under oath before the Inquiry .

3. Evidence that the police conducted an “ investigation” in the Morgan letter   to the PCC without questioning Morgan or anyone else at the Mirror.

4. The abject failure of the PCC to address  my complaints of the most serious libels against me.

5. Huge evidence of press abuse of me.

Details of these issues and my  extended correspondence with the Inquiry can be found at:

The Leveson Inquiry report was published on 29th November. The  executive summary   is at  http://www.official-documents.gov.uk/document/hc1213/hc07/0779/0779.asp

The full Report is at http://www.official-documents.gov.uk/document/hc1213/hc07/0780/0780.asp

I have only been able to have a quick glance at the 2000 odd page document but I have found something very strange. I have become a non-person in Leveson World. There is a long list of those making submissions to the Inquiry . I made very substantial submissions to Leveson – my initial submission can be found at http://livinginamadhouse.wordpress.com/2011/11/25/the-leveson-inquiry-the-blairs-the-mirror-the-police-and-me/ .

Leveson’s report contains a long list of the names of those who made submissions – see – http://www.official-documents.gov.uk/document/hc1213/hc07/0780/0780_iv.pdf  page 1839 volume IV.    My name is not in the list.

Not content with refusing to allow me to appear as a core participant or an ordinary witness,  Leveson has deliberately excluded any evidence  that I made  submissions.  It would be interesting to know if any other people who made submissions  have had their names omitted.

Such an omissions  is most irregular. Where submissions are solicited by an official inquiry,  the submissions,  or at least a note of who has made submissions,  are routinely included in an appendix to the report.

Why is Leveson so determined not to have my submission to his Inquiry suppressed? Amongst other things   I provided him with

1. A  letter from Piers Morgan to the PCC when he was Daily Mirror editor admitting that he had received in formation from the police in circumstances which can only have been have been illegal.

2. Evidence that Morgan and his one-time Mirror chief crime reporter Jeff Edwards had committed perjury under oath before the Inquiry .

3. Evidence that the police conducted an “ investigation” in the Morgan letter   to the PCC without questioning Morgan or anyone else at the Mirror.

4. The abject failure of the PCC to address  my complaints of the most serious libels against me.

5. Huge evidence of press abuse of me.

Details of these issues and my  extended correspondence with the Inquiry can be found at:

Tag Archives: Leveson Inquiry

Piers Morgan, perjury, the police, the Leveson Inquiry and  Denis MacShane

Note: I attended an Orwell Prize meeting on 24 October at the Frontline Club in Paddington.   The erstwhile Labour Cabinet Minister Denis MacShane  was one of the speakers.  The subject was the misbehaviour of the police and their relations with the media. When questions from the audience were called for I  told the meeting about Piers [...]

Leveson Inquiry – My Subject Access  request: the Inquiry withhold data

My Subject Access request to Leveson has resulted in virtually no material being released and an admission that they are withholding information on the grounds of legal privilege. I am challenging this with the Information Commissioner – details below. The course of my  request  can be found at http://livinginamadhouse.wordpress.com/2012/02/29/leveson-inquiry-data-protection-act-request-for-information/. In addition to my submission to the [...]

Is there a deliberate attempt to sabotage the trial of Rebekah Brooks and co?

Robert Henderson At first glance it beggars belief  that Alison Levitt QC,  the principal legal advisor to the Director of Public Prosecutions (DPP) ,  took the decision to prosecute the one time chief executive of News International and erstwhile editor of the News of the World (NoW) Rebekah Brooks  and others associated with her  beggars [...]

Leveson Inquiry – Lord  Leveson prepares the way for the cancellation of part 2

Robert Henderson Leveson hints at an early end to the Inquiry On 2  May the London paper the Evening Standard let a rather large cat out of the bag. It reported that Lord Leveson,  in a ruling made very quietly on 1 May,  had  hinted strongly that he wanted to cut short his eponymous Inquiry. [...]

Leveson Inquiry –    Politicians and the Press

Miss Kim Brudenell Solicitor to the Inquiry Leveson Inquiry Royal Courts of Justice Strand, London WC1 2 May 2012 Cc All barristers employed by the Inquiry Dear  Ms Brudenell, Politicians and the Press I enclose three  examples of  collusion between politicians and the press.    All cases demonstrate the willingness of the British mainstream media to [...]

Leveson Inquiry – Jeff Edwards and another prima facie case of perjury

Miss Kim Brudenell Solicitor to the Inquiry Leveson Inquiry Royal Courts of Justice Strand, London WC1 25 March 2012 Dear Miss Brudenell, The evidence given by Jeff Edwards before the Inquiry on 17 March 2012 provides another prima facie instance of perjury. Mr Edwards was the reporter who wrote the hideously libellous story about me [...]

Leveson Inquiry –  Harriet Harman has her deniability removed

Note: I attended a conference entitled Taking on the Media Barons on Saturday 17 March. Its subject was media abuse including the issues under consideration by the Leveson Inquiry.  Harriet Harman was the first speaker.  In the course of her talk she spoke enthusiastically about the fearless way the Leveson Inquiry was going about its work. The [...]

Leveson Inquiry – Data Protection Act request for information

RE: Urgent – For Kim BrudenellFriday, 24 February, 2012 12:57 From: “Leveson Inquiry Solicitors Team”Add sender to ContactsTo: “‘robert henderson’”, “Leveson Inquiry Solicitors Team”Dear Mr Henderson Thank you for your email the contents of which are noted. I appreciate that you have long standing concerns regarding Mr Morgan. The Inquiry’s position was made clear in our emails [...]

Leveson Inquiry – the killer question Robert Jay QC is not asking

The leading counsel to the Leveson Inquiry  Robert  Jay  QC and his fellow barristers are being surprisingly inept in their questioning when it comes to the question of the police illicitly supplying information to the press.  It is noticeable that although some very damaging revelations have come out during the course of the Inquiry, to [...]

The Leveson Inquiry and the suppression of evidence

NB This article is also  on the Libertarian Alliance website http://libertarianalliance.wordpress.com/2012/02/22/the-leveson-inquiry-and-the-suppression-of-evidence/  Robert Henderson The remit of the Leveson Inquiry into the British Press is clear: Module 1: The relationship between the press and the public and looks at phone-hacking and other potentially illegal behaviour. Module 2: The relationships between the press and police and the extent [...]

Leveson Inquiry: sabotaging deniability

Robert Henderson To remove the defence of “I did not know”from those running the Inquiry, I have sent a fascimile copy of Morgan letter to the PCC to every barrister employed by the Inquiry via their chambers and to Leveson at the House of Lords —————————————– To:  Counsel to the Leveson Inquiry Robert Jay QC, [...]

Leveson Inquiry –  Wanted- people who have had their evidence ignored

The Leveson Inquiry are refusing to use my evidence of press, PCC and police misdoing. They will not even take up the matter of Piers Morgan’s perjury before them despite the fact that I have given them a letter from Morgan to the PCC  in which he writes “ The   police  source of our article [...]

The Leveson Inquiry – Robert Henderson’s evidence still being considered

Miss Kim Brudenell Solicitor to the Inquiry Leveson Inquiry Royal Courts of Justice Strand London WC1 14 February  2012 Dear Miss Brudenell, Confirming our telephone conversation of 14 February, you stated: 1. That my email to you of 27 January was received despite no acknowledgement being sent . 2.  That my various submissions to the [...]

Leveson Inquiry: Robert Henderson’s application for core participant status

The Leveson Inquiry- Note on the Directions Hearing 25 1 2012 in Court 73 of the Royal Courts of Justice Robert Henderson I attended a directions hearing  for the decision on whether I would be designated  a Core Participant.  I shall not be Core Participant (unless I can somehow persuade Lord Leveson  otherwise), but I could [...]

Leveson Inquiry – the response to Robert Henderson’s application to be a Core Participant

Leveson Inquiry Royal Courts of Justice Strand London WC1 22 12  2011 Dear Lord Leveson, Piers Morgan indubitably lied to the Inquiry (20 December) when he claimed that he had never illicitly received information from the police.   On 25 November I submitted a series of complaints backed by documentation to the Inquiry.  These were definitely [...]

Referral of Piers Morgan’s perjury to the Leveson Inquiry

Leveson Inquiry Royal Courts of Justice Strand London WC1 22 12  2011 Dear Lord Leveson, Piers Morgan indubitably lied to the Inquiry (20 December) when he claimed that he had never illicitly received information from the police.   On 25 November I submitted a series of complaints backed by documentation to the Inquiry.  These were definitely [...]

Piers Morgan lied to the Leveson Inquiry

Piers Morgan lied to the Leveson Inquiry  (20 12 2011) when he claimed he had never illicitly received  information from the police when Mirror editor.   I can say this categorically because he admitted doing so in a letter to the PCC in 1997 when he wrote “”The  police source of our article (whose identity we [...]

The Leveson Inquiry: a shameless attempt to censor my evidence

RE: Submission to the Inquiry involving media abuse and the buying of police info Tuesday, 29 November, 2011 13:26 From: “Leveson Inquiry General Enquiries”View contact detailsTo: “robert henderson”Dear Mr Henderson, Thank you for your submission which has been received by the Inquiry Team.  You will appreciate that we have received a large amount of evidence [...]

The Leveson Inquiry: the Blairs, the Mirror, the police and me

generalenquiries@levesoninquiry.org.uk 25 November 2011 Dear Lord Leveson, I submit examples of misbehaviour  by  the media and  the  PCC plus collusion between the police and the media .   In every case I was the person who was directly affected by the behaviour.   For each case I enclose supporting documents which strongly support my accusation. I wish [...]

The new leader of the Greens knows how to keep mum

Robert Henderson

Natalie Bennett  has been elected leader of the Green party in England and Wales (http://www.bbc.co.uk/news/uk-politics-19462474). I know  Miss Bennett through my participation in a campaign to prevent the building of the Francis Crick  Institute (FCI),  a gigantic research laboratory. The primary objections to the Institute (formerly the UK CENTRE FOR MEDICAL RESEARCH AND INNOVATION or UKCRMI) arose from the fact that research would be done on dangerous  diseases at  an  unreservedly inappropriate site – the FCI is being built  just behind the British Library and next door to the  new Eurostar  terminal at St Pancras.  Those wishing to discover more should go to my blog  http://ukcmri.wordpress.com/2010/12/16/objection-to-ukcmri-planning-application-for-a-research-centre-in-brill-place-london-nw1/.

Miss Bennett took a leading part in that campaign which lasted several years and ended in very predictable failure.  That was because the project had the wholehearted  support of both the Labour Government and the Tory Opposition. Normal campaigning on such  grounds as  danger and its contradiction of Camden Council’s public planning policy  was irrelevant, because  the supposedly impartial decision on who should be allowed to purchase the site  had  been taken before the bidding process  even closed. (There were several other serious bidders with alternative uses such as housing and commercial development). The decision was meant to be taken by the Secretary of State for the Department of Culture, Media and Sport (DCMS)  on the grounds of value for money. No one outside DCMS was meant to be involved.  The other bidders were spending their money (and these types of bids are very expensive) with no hope of success.

The one serious chance to stop the building of the Institute was to expose the illegitimate nature of the decision on who should purchase the site. This I did  using the Freedom of Information Act (FOIA).  The information gained by this means revealed that Gordon Brown when Prime Minister had intervened to ensure that the consortium backing the FCI  bid got the land.  The documents showing Brown’s interference are at the bottom of this post.   They should be read in the context of powerful men getting their will done through expressing their desires rather than issuing direct orders. However, many of the documents are directly explicit about the involvement.

At the time of the campaign Miss Bennett was  editor of  The Guardian Weekly, a post she occupied  from December 2007 until March 2012.  She was in a  position to get the story of Gordon Brown’s illicit involvement in the bidding process into the mainstream media . I supplied her  with copies of  the documents showing Brown’s interference. Miss Bennett refused to use them, something more than a little surprising because  not only was she campaigning against the building of the FCI on the site,  the interference  was a category A political story and ostensibly one right up the Guardian’s street because it dealt with government  misbehaviour behind closed doors.   Miss Bennett  also failed to use the information when she was called before the Commons Science and Technology committee to give evidence.

I will leave it to the reader to speculate about  Miss Bennett’s motives for not using the information , but  here are a few objective facts relevant to the question:

1.  Despite being a  mainstream journalist, she refused to use information which  could have stopped the building of the FCI  and which was, regardless of her  involvement in the campaign against the FCI, the basis for a heavyweight  political story.

2. Miss Bennett’s politics are hard core politically correct. Here are a few  gems from her personal website http://nataliebennett.co.uk/ to give you an idea of her mentality and politics:

 Home page: Natalie Bennett, Journalist, Writer, Green, Feminist

Resurrecting Our Foremothers:

The Prime Minister Miss Bennett refused to expose was someone very much to her political taste, namely, someone who headed a Government reeking with political correctness.

The honesty of her behaviour and words as leader of the Greens should be weighed in the context of her behaviour over the Francis Crick Institute campaign.

The honesty of her behaviour and words as leader of the Greens should be weighed in the context of her behaviour over the Francis Crick Institute campaign.

————————————————————————————————-

Gordon Brown’s involvement in the sale of the land to UKCRMI | February 21, 2011

To make  the matter as simple as possible to follow,  I have selected from the  documents in my possession which show Gordon Brown’s illegitimate involvement in the sale of  the land to UKCRMI six which form a paper trail from the period before the closing date for expressions of interest  to the announcement of the sale of the land by Gordon Brown.  Some of the  documents are lengthy. To prevent readers having to plough through them   I have highlighted  (by bolding) the passages in the documents which refer directly or indirectly to Brown’s interest.  Where a figure such as  [40] appears, that means redaction has occurred under the exemptions in the FOIA –  the number relates to the clause number of the exemption.  These documents  also give a good sketch of the background to the bidding process.

NB This document shows that  Brown was interfering even before the closing date for expressions of interest was closed.  The relevant date is not that on Rosemary Banner’s letter, but the enclosure which came with the letter, i.e., 1 August 2007. 

HM TREASURY

I Horse Guards Road London SWIA 2HQ

Rosemary Banner

Head of Information Rights Unit

Tel: 020 7270 5723

Fax:

rosemary.banner@hm-treasury.x.gsi.gov.uk

http://www.hm-treasury.gov.uk

Mr R Henderson

24 June 2009

Dear Mr Henderson

Freedom of Information Act 2000: medical research centre   We wrote to you on 27 August 2008 conveying the conclusions of the internal review carried out in relation to your complaint to the Treasury about the handling of your April 2008 request for information under the Freedom of Information Act.

In light of your complaint to the Information Commissioner we have reconsidered the single item of information that falls within the scope of your request that has not already been disclosed. As a result of this re-examination we have identified additional information that we are now able to provide to you. Please see attachment at the end of this letter. For the avoidance of doubt we should make it clear that the Treasury continues to regard its original decision not to release this information as correct at the request and review stage. However, given the passage of time, we believe that the public interest in withholding has diminished and can now be released.

We have, however, decided to continue to withhold two sentences from this information under section 35(1 )(a) of the Act. These sentences continue to relate to ongoing policy. We have explained our position to the ICO regarding this, and are able to clarify that the redacted sentences contain information on a bid for funding from the MRC that the Department for Business Innovation and Skills are assessing in the normal way. Funding decisions have not concluded. As always the Government will publish actual funding provisions once a decision has been reached. Due to the way funding bids are negotiated and assessed this was been a live issue at the time of the request; internal review; and remains so at this present time. To be helpful we refer to evidence published by the select committee in December 2007. You will see that at that time the bid was £118 million.

http://www. parliament.the-stationery-office.com/pa/cm200708/cmselect/cmdius/1 85/1 85we02.htm

The Treasury is not able to comment as to what the final figure will be until a decision has been made, I reiterate that once decided it will be announced publicly.

Rosemary Banner

Head of Information Rights Unit

For HM Treasury

EXTRACT of relevant information extracted from a report prepared

1 August 2007

NATIONAL INSTITUTE OF MEDICAL RESEARCH (NIMR)   MRC concluded some years ago that the NIMR’s future location should be close to a London Teaching Hospital. With this in mind, MRC purchased at their risk for £28M in March 2006, but with Treasury’s knowledge, a one-acre site at the National Temperance Hospital location (NTH) in London.

MRC has recently learnt that its earlier preferred site for NIMR, a three-acre site adjacent to the British Library, has now become available. This larger site would have the major advantage of accommodating more translational research. Encouragingly MRC has most recently proposed that the site would be developed in partnership with Cancer Research UK (CRUK), Wellcome Trust and UCL as a potentially strong consortium. The Wellcome Trust have mentioned that they would be prepared to make a sizeable investment to help establish a new world class medical research facility in North London if they can secure DCMS-owned land and planning permission from Camden Council. At present the consortia has registered its interest in buying the site.

This project has had a very long gestation period, during which the arguments for the strong scientific case for relocating within London (which has a cluster of medical research and teaching hospitals) and the need to retain MRC’s highly skilled staff.

The recent preparation of a suitable business case has been further complicated of late by both the re-emergence of the British Library site as a possible location.

The PM is also most recently stated that he is very keen to make sure that Government departments are properly coordinated on this project and that if there is a consensus that this is indeed an exciting project then we do what we can to make it happen. This is extremely helpful from a DIUS and MRC perspective, but, formally a NIMR relocation project in London has yet to receive Lyons approval from Treasury (for either the first planned NTH site or the possible BL site).

MRC have employed Deloitte to prepare a full business case for the relocation project.

The scientific and operational case for a London location is strong in our view.

Key Dates for the Preparation and Appraisal of the NIMR Proposal

- July 2007 — Letter to Treasury to inform CST of MRC’s proposed bid for the BL site.

-July/August 2007 — Expression of interest in the BL site registered by  the MRC Consortium.

-September 2007 — further substantive discussions with MRC/Deloitte  on Lyons and emerging business case material.

-September 2007 — MRC NIMR project included by RCUK in the 2007 Roadmap consultation.

-October 2007 — first full draft business case prepared by MRC/Deloitte.

-October 2007 — MRC consortium formally bid to DCMS for the BL site.

-November 2007 — Full revised business case received and Lyons case consideration undertaken by Treasury.

-December — Progress submission to Ministers.

-December 2007 — MRC Consortium formed and, if successful in bidding, payment to DCMS for the BL site.

-December 2007 — MRC’s NIMR project prioritised by Research Council Directors for receipt of DIUS funding through the Large Facility Capital Fund.

-February/March 2008 — Submission to Ministers for approval of LFCF allocation to support the MRC’s NIMR project, subject to our final assessment of (a) the outcome of the Lyons case (b) the full business case and (C) prioritisation by RCUK of the use of the available LFCF,

April/May 2008 — DIUS Ministerial announcement of NIMR relocation project approval (subject to all the above).

Further Background to the National Institute of Medical Research (NIMR) The NIMR is one of the MRC’s largest and oldest research institutes. The NIMR is recognised as once of the UK’s foremost basic research institutes with a strong scientific track record and reputation. NIMR currently  houses the World Influenza Centre (WIC), which was established by  World Health Organisation (WHO) in 1948. The Centre, works with a  network of collaborating laboratories to detect and characterise the emergence of new influenza virus anywhere in the world including avian virus H5N1. NIMR is also at the forefront of international research to discover how molecular changes in the virus affect its ability to infect people and cause disease.

The NIMR has been at its present site since 1950. If it were to remain there the buildings would need substantial refurbishment. It is currently a ‘stand-alone’ Institute not physically linked to any University, Medical School or Hospital. In 2003 the MRC set up an expert Task Force to examine the strategic positioning of the NIMR research within the MRC portfolio. The Task Force concluded that their vision for NIMR would be best delivered through an intramural — i.e. with the staff employed by MRC — research institute on a single site in central London in partnership with a leading university and hospital (they received proposals from King’s College and University College) and this would enhance: – The multidisciplinary nature of NIMR’s work, providing access to other biologists, physical scientists, engineers, and mathematicians – Opportunities to collaborate more closely with clinicians and strengthen the focus of translational research.

Remaining at Mill Hill was considered by the Task Force where the majority view was that this would not be a viable option as it would not deliver Council’s vision for a world class research institute carrying out basic, clinical and translational research in partnership with a leading university and hospital. The position was endorsed by the MRC Council. This disappointed some staff at NIMR and there has been much lobbying of Ministers and MPs and as a result the issue has received some media interest.

MRC Council selected UCL as its preferred partner for the renewal and relocation of NIMR in Central London, in close proximity to a major teaching hospital (University College Hospital) and relevant university departments, including chemistry and physics.

The MRC Council approved an outline Business Plan for the renewal and relocation of NIMR in July 2005. The Business Plan confirmed the feasibility of developing the renewed Institute on the National Temperance Hospital (NTH) site in Hampstead Road, which MRC bought (at its own risk but with Treasury’s knowledge), for £28M in 2006, suggesting that the new site could provide accommodation for up to 1,058 staff, including 248 from UCL and potentially 40 additional research staff.

MRC have recognised that their development of the business case needed to ensure a successful project and to satisfy the requirements of DIUS and Treasury requires additional skills to those residing within the MRC and most recently further advice has been procured by MRC from Deloitte for assistance with preparation of the business case.

It was also not our intention at review stage to withhold names of senior civil servants of the email provided at initial request. While we explained that the sender was Jeremy Heywood from the Cabinet Office we overlooked to state the other officials who were recipients of that email. They were: The Permanent Secretaries of DIUS and DCMS Ian Watmore and Jonathan Stephens; the Managing Director of Public Spending in HMT, John Kingman; and the Chief Operating Officer, DCMS Nicholas Holgate.

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NB This document shows Brown’s  interest just before the short list of bidders was decided. 

RESTRICTED – POLICY & COMMERCIAL

To James Purnell Margaret Hodge, Jonathan Stephens,Ros Brayfield

From Nicholas Holgate

Date 18 September 2007 ____________

SALE OF LAND TO THE NORTH OF THE BRITISH LIBRARY

Issue: mainly for information but also to ask how you would wish to be involved in this transaction.

The Department owns 3.6 acres to the north of the British Library. With the completion of the new train terminal, we are able to sell it and have been conducting a competitive process so that Ministers can choose what represents best value, comprising not just the proceeds from sale but also the use to which the bidder intends to put the land.

2. We are bound to be concerned about proceeds:

a. There is an obvious obligation, on Jonathan as the department’s Accounting Officer, to secure the best return we can for the taxpayer;

b. the Government is close to breaching its fiscal rules and has set itself a demanding target for asset disposals. Your predecessor strongly rebutted the Treasury’s proposal that we should sell assets worth £150m by 2010-11 and it has not formally been debated since your arrival; but we are likely to have to raise some funds from disposals. In any case:

c. proceeds from this sale are earmarked to contribute towards the budget of the Olympic Delivery Authority for 2007-08.

3. Subject to Treasury agreement, we can nevertheless also take public value” into account. We are aware of two such bids one led by the Medical Research Council, with support from the Wellcome Foundation and others for a research facility; and one that wishes to remain confidential but which is essentially related to faith and education.

4. The facts are:

a. We have now received 28 bids in response to a prospectus. Amongst other things, the prospectus drew attention to the local planning policy guidance, which steers bidders towards a scheme that is roughly 50:50 commercial and residential development with 50% affordable housing. It is Camden Borough Council and the Mayor who will have the last word on what is in fact built on the site;

b. Our professional advisers have scored the bids on various criteria and are interviewing the top seven plus two others (the medical research bid is one of the two others) next week;

c. There is a significant financial gap between the top bids and the medical research bid.

5. Jonathan and I are meeting Jeremy Heywood (who is aware of both public value bids), Ian Watmore (Department of Innovation, Universities and Skills) and John Kingman (Treasury) tomorrow. We need to agree an orderly and appropriate process for selling the land, given the public value bidders, other Departments’ interest and the likelihood that the Prime Minister might wish to take an interest too.

6. We will report back to you then. Subject to your views and others’, one potential way forward is a. DIUS economists be invited to assess the public value of the medical research bid. We will need some such calculation if we sell at a discount. DCMS should not do this as we should display some neutrality between bidders . We decide whether we expect the medical research bid to match the best bid, improve their offer but not necessarily to match, or take a lower value on the chin. Given their backers, they can afford to match. But they may refuse to play; and/or we may not wish to be seen to be reducing their funding for good causes just to maximise proceeds;

c. We see whether there is a Government champion for the other bidder;

and

d. We then fairly characterise the two public value bidders and the best commercial bid (or bids, if they differ significantly in what they propose) to Ministers and No 10 for a decision.

Nicholas Holgate

Chief Operating Officer

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NB This shows Brown’s interest a few weeks before the sale to UKCRMI was agreed.

BRIEFING NOTE FROM POLICY ADVISERS DATED 12 NOVEMBER 2007 TO THE PRIME MINISTER COPIED TO No 10 OFFICIALS.

THE NOTE WAS ENTITLED: PROJECT BLISS – CREATING A WORLD-LEADING MEDICAL RESEARCH FACILITY IN LONDON

Disclosable extracts:

We are close to being ready to announce Government support for the creation of a world-leading medical research facility in London.

The key component being finalised is the sale of land, which will allow the BLISS partner organisations (the Medical Research Council, Cancer Research UK, the Wellcome Trust and University College London) to develop their detailed proposals for the creation of the centre.

We anticipate that the deal will be finalised over the next few days and we should be able to announce the outcome of the process In the next few weeks. On current plans, we would expect the sale to complete during December and preparations for development to begin straight away. The expectation is that the Institute would be up and running by 2012.

This is an important opportunity to demonstrate what the UK’s commitment to medical research really means in practice. And it fits very well with the focus of your intended health speech.

What would you be announcing?

• We would be committing Government support to the creation of a new centre for UK biomedical research, with 1,500+ scientists, at a level commensurate with the very best institutions in the world.

• The BLISS consortium brings together four of the leading medical research institutions in the UK – the Medical Research Council, Cancer Research UK, the Wellcome Trust and University College London.

• The Centre responds to the vision, outlined in Sir David Cooksey’s review of UK health research presented to Treasury in 2006, of better integration and translation of research into patient and public benefit. The Centre will benefit from economies of scale, enhanced infrastructure, the critical mass to optimise collaboration, and the capacity to take scientific discoveries from the lab bench to the hospital bed.

• These four key partners, together with the expectation that other organisations would come forward to invest In the centre or to lease research space, bring a powerful combination of skills and capabilities — basic research, applied research, the capabilities to convert research and innovation for public and commercial use, and the skills and opportunities presented by access to a leading university and teaching hospital. The potential, In terms of understanding disease, and developing new drugs, treatments and cures, is huge.

How to announce?

The suggestion is that you announce this a few days before your health speech, planned for 6th December. We would suggest a visit to a high-tech medical site in the morning to get pictures, followed by a meeting at No lO with all relevant stakeholders (primarily the four partner organisations) at which you make the formal announcement and ‘launch’ the project. Let us know your thoughts on whether this is the right way to proceed with the BLISS announcement?

Background

The vision for the BLISS Centre has six themes:

Research innovation and excellence • Bring together outstanding scientists from two world-class research institutes (MRC NIMR and the Cancer Research UK London Research Institute), collaborating with UCL, to address fundamental questions of human health and disease. • Through Wellcome Trust funding, development of tools for integrative biology, with an emphasis on the development of advanced microscopy imaging and on the mathematicaland computational needs in this field.

• Increase scientific innovation through new links with the physical sciences, life sciences, mathematics, engineering and the social Sciences at UCLI

• Develop close links between the Centre and the outstanding hospitals nearby (Including the National Hospital for Nervous Diseases at Queens Square, Great Ormond Street, Moorfields and University College Hospital) and other major hospitals in London (including Hammersmith Hospital and the MRC Clinical Sciences Centre at Hammersmith, and the Maudsley Hospital and the Institute of Psychiatry)1 State-of-the-art research facilities

• Develop a multidisciplinary research complex operating in state-of-the-art facilities, with the size and diversity to be internationally competitive with the world’s top research institutes.

• Establish a new centre for development of advanced imaging technologies and analysis. A national focus for biomedical science

• Interact with other local centres of excellence to foster and facilitate collaboration between basic, translational and Clinical scientists1  Host national and international research meetings and conferences, facilitated by its proximity to national and International transport links and the conference facilities of the British Library. An effective interface with technology transfer and development

• Facilitate the effective development of therapeutic and diagnostic devices and drugs, by allowing the technology transfer arms of MRC and Cancer Research UK to work closely together.

• Drive innovation in developing tests and technologies through interaction between researchers and development laboratories.

Finding and developing the scientists of the future • Provide an attractive environment to secure and retain world-class scientists by providing an outstanding setting for research and collaboration. • Boost the recruitment and training of scientists and doctors of the future by providing an excellent environment for postgraduate and postdoctoral training, and for training outstanding clinical scientists committed to medical research.

Engaging with the public

• Educate the public on important issues in health and disease.

• Bring together and enhance partners’ public information and education programmes, with a particular focus on engaging younger people.

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NB This document shows Brown’s involvement just prior to the sale of the land.

BRIEFING NOTE FROM NO 10 POLICY ADVISER TO THE PRIME MINISTER DATED 27 NOVEMBER 2007

COPIED TO NO 10 OFFICIALS

ENTITLED “MEETING WITH PAUL NURSE ON BLISS PROJECT”

You are meeting Paul Nurse who is likely to lead the BLISS institute, along, with Mark Walport, Director of The Wellcome Trust, and Harpal Kumar, Head of Cancer Research, two partners in BLISS

We are close to being ready to announce Government support for plans to create a world-leading medical research facility in London, led by the BLISS consortium made up of the Medical Research Council, Cancer Research UK, the Wellcome Trust and University College London.

We have now effectively finalised negotiations on the sale of the 35 acre site, adjacent to the British Library: a price has been agreed with DCMS, and the deal is complete subject to agreement on how much of the proceeds DCMS will retain. We are therefore ready for an announcement next week on the sale of the land – but will not be announcing full details of the project overall, as there remain various Issues to resolve, including reaching agreement on business plans and gaining planning permission. We would therefore announce the Government’s support for the vision of the new centre – rather than definitive support for the centre itself. The Project BLISS consortium brings together four leading medical research institutions in the UK and will create a new centre for UK biomedical  research, with 1,500+ scientists, at a level commensurate with the very best Institutions in the world.

The Centre responds to the vision, outlined in Sir David Cooksey’s review of UK health research presented to Treasury in 2006, of better integration and translation of research into patient and public benefit.

The Centre will benefit from economies of scale, enhanced infrastructure, the critical mass to optimise collaboration, and the capacity to take scientific discoveries from the lab bench to the hospital bed. The Centre will create a place for:

• collaboration, between leading scientists and clinicians, working on some of the most pressing medical problems of our time;

• excellence, maintaining the quality of the UK’s life sciences research base;

• application, making links between research, medical practice and the pharmaceutical industry;

• innovation, translating research innovation into new treatments;

• learning, bringing forward a new generation of scientific leaders;

  •discovery, showcasing the challenges and potential of life sciences to a new audience.

• Using the close proximity to the British Library, the Centre will develop a public engagement and education programme.

Sir Paul Nurse

Sir Paul Nurse is President of Rockerfeller University, formerly Joint Director General of Cancer Research UK and winner of the 2001 Nobel Prize for Medicine. His appointment has not yet been publicly announced,but he is set to lead the project as chair the Scientific Planning Committee.

Briefing note from Bliss

————————————————————————————

NB This document from just before the sale of the land shows  the extent of Brown’s involvement with the suggestion that he would arbitrate.  

Sent: 27 November 2007 13:09

To: HOLGATE NICHOLAS

Cc: _[40]_____________

Subject: RESTRICTED – Land to the North

Hi Nicholas,

Jonathan spoke to Jeremy Heywood this morning. Jeremy said he needed the bid to be agreed by next Wednesday – 5 Dec (or Thursday  latest) as PM wanted to get MRC in then (or possible public announcement.

Jonathan explained that there are two issues from our point of view: .No revised formal offer has been received by DCMS .HMT are not being helpful of recycling returns – without an improved offer from HMT JS said it would he v hard to justify.

JR said he thought the offer was sent to us yesterday – have checked but  nothing in JSs post or email – JH will chase. JH also said he would go   back to HMT to see what more they can do, but that ultimately PM may have to arbitrate.

Cheers

[40]

[40]

Private Secretary  to Jonathan Stephens

Department for (Culture, Media and Sport 2-4 Cockpur Street, London

SWlY 5Dl1 email: [40]@culture.gsi.gov.uk tel: 0207211 fax: 020 72116259

————————————————————————————

NB This document shows Brown’s state of mind immediately after the sale of the land was agreed.

Treasury document

From – name censored

Sent: 04 December 2007 19:49

To: name(s) censored.

CC: name(s) censored)

Thanks for everyone’s help and support in making the announcement tomorrow happen. The PM is truly delighted that departments have been able to work together to secure this huge opportunity for Britain

RESTRICTED – COMMERCIAL

Anders Breivik and the problem of political trials

Robert Henderson

The  Norwegian court judgement that  the mass killer Anders Breivik is sane and can be held in prison rather than treated as a psychiatric patient in a secure hospital (http://www.bbc.co.uk/news/world-europe-19365616) shows how difficult it is to hold a meaningful trial where a case is heavily politicised.

There can be little doubt that the Norwegian elite would have much  preferred Breivik to be declared insane because then his motives for committing the killings could have been swept under the carpet. They wanted this because his motives  challenged everything that the religiously  politically correct Norwegian elite hold most dear: multiculturalism, mass immigration and  the feminisation of Norwegian society as they attempt the transformation of Norwegian society  from one of peaceable homogeneity to a fractured heterogeneity and the creation of a new human being fit  to live in their imagined multicultural paradise in the  manner of Stalin working to breed the New Soviet Man.

Had it been left to the Norwegian elite Breivik would have vanished into a psychiatric limbo. But there were two problems with this. The Norwegian public have not been brainwashed to the extent that they have become so  devoid of all natural human emotion that they will treat someone who has killed so many people as the victim,  and an unwitting one at that if he had been judged insane.  They quite naturally wanted Breivic  tried and convicted as a criminal. So ironically did Breivik, although of course he does not view himself as a criminal.  It is noteworthy that the panel of judges – two professional and three lay members – all agreed Breivik was  sane (http://www.bbc.co.uk/news/world-europe-19365616). Such unlikely  unanimity strongly  suggests that they were responding to Norwegian public opinion rather than acting on the psychiatric testimony.

The second difficulty for the Norwegian elite was the opportunity it would provide  for further public questioning of their politics if Breivik  had been found insane. He  would undoubtedly have appealed against the ruling of insanity.  That would have allowed him  to both deride the Norwegian justice system as being no justice at all because it was politically manipulated and Norwegian politicians for being unable to counter  his  justifications for his actions. An appeal against insanity would also have provided an opportunity to repeat and expand upon those  justifications.

That politics not  psychiatric  opinion drove  the court to a  judgement of sanity is shown by the prosecution’s desire to have Breivik declared insane and the court’s ignoring of court commissioned psychiatric opinion which found Breivik to be insane.   It is a  very odd situation  for the prosecution to be asking for a mass killer to be declared insane and not responsible for his actions and the defence to be insisting that the defendant is sane and responsible.   The norm  is for the defence to claim insanity and the prosecution to try to rebut the claim.

The behaviour of the Breivik prosecution  is doubly odd because it is very difficult to see how Breivik could have been plausibly thought to be criminally insane.  Breivik did not have voices in his head telling him to kill. He had well-developed ideas which provided his motive.  He spent a great deal of time in preparation for the crime and  produced a 1,500 page manifesto. In addition,  Breivik was fully aware of what he was doing and the terrible nature of his act.  Had he committed such a crime in England the question of his sanity  would have been determined  by the McNaghten Rules. These  rest on whether a person accused of a crime knew they were doing something wrong or were suffering a defect of reason through mental illness,  most commonly paranoia, which drove them to commit the crime in the belief that it was necessary to commit it , most probably because of a belief that they or someone else was in danger. Clearly Breivik  was aware of what he was doing and how it would be viewed by society. That leaves only the question of whether he was acting under a delusion. That test would fall because manifestly what he fears, the objective threats to his society from mass immigration, multiculturalism, political correctness and Islam, are concrete facts. How far they could be judged to be mortal threats is another matter, but no one could reasonably argue that, in particular, mass immigration and Islam are not real and substantial  threats to the nature of Norwegian society.

It is also worth bearing in mind that terrorists are not rarely if ever  treated as mad by Western courts. The fact that Breivik killed so many in brutal fashion does not mean he is insane, or at least no more disturbed than others who kill for political reasons.  The prosecution’s attempt to have Breivik ruled mad is most plausibly  explained by a simple desire to produce a situation where his political ideas and actions could be dismissed as the ravings of a madman leaving, at least in the Norwegian elite’s eyes, their ideology without meaningful challenge.

Court-appointed psychiatrists disagreed on Breivik’s sanity.  He was examined twice. Breivik cooperated with the first team but not the second. The first  team which examined him came up with a diagnosis of paranoid schizophrenia (http://livinginamadhouse.wordpress.com/2011/12/05/you-must-be-mad-if-you-dont-believe-in-the-liberal-globalist-credo/) , but  the second found Breivik to be  sane. In England that might have resulted in each evaluation cancelling out the other,  but in the Norwegian justice system the presumption is that even if it is not certain that someone is insane,  they should be treated as such if there is any doubt about their sanity as judged by supposed psychiatric experts. During the trial the lead prosecutor Svein Holden said  ‘ the prosecution had not been convinced by the delusion the authors of the first report, Synne Sorheim and Torgeir Husby, advanced as their core evidence that for Breivik’s schizophrenia: that he believed he had a mandate which gave him the right to decide who should live and who should die.

But they [the two prosecutors Holden and Inga Bejer Engh) said that under Norwegian law, this was not enough.

“It is worse that a psychotic be sentenced to custody than a non-psychotic is sentenced to psychiatric care”.  (http://www.telegraph.co.uk/news/worldnews/europe/norway/9347018/Anders-Behring-Breivik-should-be-declared-insane.html).

Apart from noting  the  chilling idea that it is reasonable to subject someone sane to psychiatric  treatment just in case,  it is clear that  Norwegian law has been cavalierly  overturned  in Breivik’s case.

The question of Breivik’s  sanity is not absolutely settled. The prosecution could appeal against the finding of sanity.  It would also be possible for Breivik to be declared insane during the course of his imprisonment.

Had the prosecution not insisted on pushing for an insanity ruling, the trial could have been conducted in a manner much closer to  that of a normal criminal case.  By doing so they shifted the focus from the killing and why Breivik committed the act to whether he was or was not sane.  That  gave credence to Breivik’s claim that the whole of the Norwegian power structure is a conspiracy to enforce the politically correct ideology at all costs.

No appeal

Breivik has said he will not appeal his conviction  because  he does not recognise the court as it is (in his view)  an illegitimate body which is a  tool of the politically correct elite who are his enemy. By appealing  against conviction he believes he would tacitly accept the court’s legitimacy.

I think Breivik has missed a trick here. If his appeal was based on his claim that the court was illegitimate his objection would dissolve and he would be left free to reiterate his complaints against the Norwegian elite.  It could be objected that the appeal itself would be made to a courts or courts which were appointed by the same class of  people who appointed the court which tried him and which were consequently also illegitimate.  However,  if his appeal failed, as it surely would, Breivik  could then move beyond the Norwegian courts to the European Court of Human Rights. Eventually he would run out of legal road,  but he could argue that in his appeals  he was not legitimising the courts but simply demonstrating the politicised nature of justice both in Norway and at a supranational level.

The unanswered questions

What has not been addressed by the Norwegian elite are Breivik’s complaints against them and their politics.  Where these touch on mass immigration and Islamicisation they are all too  real. Although there are elements of the ridiculous about Breivik’s writings, such as his obsession with uniforms and the Knights Templars,  his concern about the rapid turning of Norway from a homogeneous  into a  heterogeneous  society as a matter of policy is self-evidently reasonable and vitally important.  Norway has a small population of less than 5 million (http://www.ssb.no/english/subjects/02/befolkning_en/).  If mass immigration of those who cannot or will not assimilate fully continues at the pace it is running at, it is quite possible that within a couple of generations native Norwegians will be outnumbered.  Imagine a situation where Muslims became the largest population group in Norway. Does anyone believe they would,  as a group , subscribe to Norwegian customs and morals or if they become the majority would not try to create and Islamic state?

What the Norwegian elite has been doing is engage in an orgy of self-congratulation about how civilised the country is to allow Breivik the full protection and access to the law and that this national tolerance has nullified Breivik’s message .  This has been eagerly echoed by the British media. Here is an example  of the political goo even conservative commentators have been ejecting:

Reading the reports, the first thing that strikes you is how pathetic Breivik sounds, like a teenage boy fantasising about being a soldier: describing shoot-em-up computer games as “training”, claiming that he used “Japanese warrior meditation techniques” to “de-emotionalise” himself, writing a 1,500-page “manifesto” describing his half-baked racist theories and his ludicrous self-identification with the Knights Templar. Breivik himself, with his idiotic beard and self-satisfied smile, looks less like the personification of evil and more like an irksome pub bore.

 But when you drag your attention away from him, you notice how clear-eyed, how sane, the Norwegian response has been.

In the aftermath of the attacks, Jens Stoltenberg, the Norwegian prime minister, told a gathering in his capital’s cathedral: “Our response is more democracy, more openness, and more humanity.” He went on in an interview with this newspaper: “It was our democratic, open society that was under attack… it was quite logical to say that the answer was more of what was attacked. (Tom Chivers –  http://blogs.telegraph.co.uk/news/tomchiversscience/100177883/norway-gives-a-dignified-lesson-in-how-to-deal-with-horror/)

The truth is rather different. The justice Breivik has been given is in its way a show trial, not one as obvious as those of, say, Stalin, but one emanating from the cloyingly politically correct society which Norway has become.   Far from allowing Breivik to put his case publicly,  his access to the Norwegian public has been very limited.  He has spent most of his time since his arrest without contact with other prisoners. (According to reports, after his conviction  Breivik  is to be kept without  contact with other prisoners  for the time being).  He was denied any  opportunity to see news programmes  after he was arrested and this may be continuing. When the trial was finally held,  Breivik’s testimony and that of his witnesses were not broadcast, while the prosecution’s submissions and witnesses were put on air.  When Breivik has been allowed to speak in court he has been frequently interrupted and harassed by the presiding judge.  This happened again at his appearance during the  court judgement where he was declared sane and sentenced to 21 years with the strong possibility that he will never be released as the period of imprisonment  can be increased if a prisoner is deemed dangerous at the expiry of their  formal sentence.

Apart from Breivik’s treatment, it is reasonable to consider the general fairness of the Norwegian justice system.  The use of the jury is rare even in serious crimes and the readiness to put people in psychiatric unity just in case  places a serious question mark over whether anyone charged with a crime which challenges the Norwegian commitment to political correctness could expect a fair trial.  Latterday liberals have a mentality very similar to that of Marxists which allows them to persuade themselves that the end justifies the means and consequently  those who fall outside the parameters of whatever are the limits of political correctness at the time – like all ideologies it shifts its shape continuously – are not to be allowed any scope for challenging political correctness, indeed, cannot be allowed to do so because widespread challenge would bring the ideological house of cards down.

No country’s justice  is immune from  political taint

The problem of politics contaminating justice affects any country  at some level, no matter how good  its general record on providing untainted justice as far as that is practically possible – the prejudice of jurors, judges and magistrates cannot be legislated away and there is always the problem of the rich being able to buy access to the law when the poor cannot do so.

Political correctness is now a strong driver of the politicisation of justice  in much of the West.  A first rate example of   politicised justice In England is the trial and conviction of  Gary Dobson and David Norris (both white)   for the murder of Stephen Lawrence  (black) was driven not by a desire for justice based on strong evidence but an hysterical desire by the British liberal elite to see people not only convicted for his murder to but the people who were convicted  should be those labelled as racist whites  (http://livinginamadhouse.wordpress.com/2012/01/08/stephen-lawrence-gary-dobson-david-norris-and-a-political-trial/).  Their  trial was obviously  illegitimate simply on the grounds of public prejudice against the defendants generated by a 17 year hate campaign orchestrated by the media, politicians and various interest groups – a campaign probably unique in English history –  but the new “evidence” presented was also risibly fallible, depending  as it did on highly questionable forensics which could not  legitimately have passed the English law beyond a  reasonable doubt test for criminal conviction.  In addition, police videos obtained secretly of Dobson and Norris (with others)  engaging in racist behaviour  and discussing the Lawrence killing but making no confession of responsibility or even saying anything which implied they were responsible, were played to the jury despite  defence objections that it was unreasonably prejudicial-  a well established principle in English law –  because it  reinforced the idea of the defendants (who were respectively aged 16 and 17 at the time of the murder in 1993)  as racists without  providing any meaningful evidence that they were responsible for the murder.

Despite the highly questionable convictions, Dobson and Norris’ attempt to have the convictions overturned have been stopped at the first hurdle with  their application to appeal – not an appeal note but merely an application to make an appeal  -  having been turned down in short order (http://www.dailymail.co.uk/news/article-2192830/Stephen-Lawrence-killers-refused-leave-appeal-life-sentences-racist-murder.html#ixzz24SjMdeTO).  That is not the end of the matter because they can appeal against the refusal and there is also a theoretical eventual possibility of the Criminal Cases Review Commission considering the case. However, in the prevailing political climate in Britain it is not unreasonable to presume that any avenue of appeal , let alone the overturning of the convictions,  will be blocked regardless of the quality of  their grounds for appeal.

If national justice systems are intermittently  fallible because of political interference,  supra-national bodies such as the  Nuremburg  tribunal which tried Nazis  for war crimes,  the tribunals set up by the UN such as the International Criminal Tribunal for Rwanda  (created in 1994 by the United Nations Security Council in Resolution 955) and  the International Criminal Court  are invariably contaminated by politics.  This is because the alleged crimes are political in nature and there is no possibility of any big fish brought before the tribunals or courts being found innocent because too much political capital has been invested in the prosecutions by powerful nations for someone like Milosevic to go free. A few lesser fry may be found not guilty because their acquittals, in terms of the public’s  perception,  are swallowed up by  the conviction of the important defendants and  such acquittals also have the beneficial effect for those running the  courts  of giving their proceedings generally a specious appearance of fairness.

There are also courts such as  the European Court of Human Rights (ECHR) and the EU’s European Court of Justice (ECJ) which deal  with a mixture of what in England would be called criminal and civil cases, the vast majority being civil cases which involve the behaviour of national governments in making and applying laws which breach the treaties to which a country has signed up.  They are less obviously political in the sense that cases are not  brought for obvious  political reasons, but the manpower and conduct of  such courts is frequently open to question, for example, many judges in the  ECJ and ECHR  are drawn from countries, most notably those within the old Soviet bloc, which have no tradition of unpoliticised  justice.

The  fundamental question Breivik posed

The fundamental question which Breivik’s actions and motives pose is this: what non-violent means can be employed to prevent political elites in the West from turning their countries from natural homogenous nations into multicultural and multiracial messes when the elites make any serious non-violent opposition to such policies practically impossible?

The white working-class and the British elite – From the salt of the earth to the scum of the earth

Robert Henderson

1. How it used to be 

Thirty years ago the Labour Party primary client base was the white working-class, while the Tories still had remnants of the heightened sense of social responsibility towards the poor created by two world wars. Fast forward to 2006 and the white working-class are treated by the entire British political elite as a dangerous, almost subhuman species.

The mixture of contempt, fear and hatred which the white working-class now draws from the political class is echoed by the elite generally, indeed by not just the elite but the middleclass as a whole. Where once the white working-class were next to uninsultable publicly, sneering references to “chavs” and “chav culture” are now commonplace in the mainstream media where they pass with barely a critical public word, while ethnic minorities seemingly have licence to publicly  insult the white working-class with impunity, vide the Coronation Street episode in January 2006 where a male Asian character accused his sister of behaving like “poor white trash”.

What caused this immense change in the status of the white  working-class? There were three direct primary engines of change. The first was the success of Thatcher and her ideology, the second a critical point was reached in post war mass immigration, the third Britain’s membership of the EU and other restrictive treaties which tainted her sovereignty.

2. Globalism and laissez faire economics

When Margaret Thatcher became Tory Leader in 1975 the neo-paternalist stance the party had adopted since the smashing Labour victory of 1945 was changed to one of laissez faire non-interventionism, with its an inherent disdain for public provision and service. Thatcher threw away the protectionism which had sustained the white working-class, allowed much of British industry, especially heavy industry, to go to the wall, and privatised the nationalised industries. Unemployment, already at a post-war high at the end of the Callaghan government, rose dramatically to around 3 million. The unions were then weak enough to successfully attack with severe legal restraints on strikes and a ban on secondary picketing.

Unemployment has remained high since the early 1980s – the current official employment figures are bad enough taken at face value (around 2.7m by the international Labour survey method) – but in reality it is probably considerably higher – there are 2-3 million on long term sick benefit now compared with around 600,000 in the early 1980s  ago. Common-sense says the country cannot in 2012 have four or five times the number of seriously incapacitated people it had 30-odd  years ago. This high unemployment has kept the white  working-class largely quiescent and the unions emasculated.

Thatcher also threw away the post-war consensus that the white working-class was admirable, or at least deserving of special consideration because of their disadvantaged social circumstances. Thatcherite Tories were only interested in the working-class insofar as its members were willing to buy into the narrow aspirational template which Thatcher promoted. If you were working-class and wanted to buy your council flat and were happy to gobble up the shares of privatised national industries, the Tories approved of you; if you wanted to maintain traditional working-class employments and communities, you were a soldier in the ranks of the enemy.

Labour did not immediately cast off the white working-class as clients. That took 18 years of opposition. Through four election defeats Labour gradually jettisoned all that they stood for in their cynical quest for a way back to power. The end result was a supposedly Labour Government headed by Blair which became, quite bizarrely, even more fanatically committed to “free markets” and “free trade” than the Tories.

3. Immigration reaching a critical level

By 1979 immigration had swollen the population of blacks and Asians in Britain to a point where their numbers were significant enough to pose a serious threat to British society if racial conflict got out of hand.

Until the end of the 1970s the official line on immigrants from all the mainstream parties was they must assimilate. Towards the end of the decade it was obvious to even the most fervent advocate of integration that assimilation was not happening. Rather, large populations of various ethnicities were stubbornly continuing to form ghettoes in the major British towns and cities and were attempting to lives which as far as possible replicated those of their ancestral countries.

To avoid having to admit what a disaster immigration had been, the British liberal left adopted an ideology to fit the facts of what was happening. That ideology was multiculturalism, a creed which rested on the fantasy that a coherent society could be produced by allowing every ethnic group in Britain to retain its separate identity. Indeed, the multiculturalists did more than say we should allow such a development, they positively encouraged ethnic minorities to remain separate. The kindest interpretation of their behaviour is that these were people enthusiastically pouring paraffin onto a fire in an attempt to put it out.

But the multiculturalists were faced by a most awkward fact. The white working-class was and always had been resolutely opposed to mass post-war immigration. Not only that but they were willing to say so publicly – the dockers had marched with Enoch Powell. Therefore, the liberal left had to do two things to prevent the white working-class from expressing their discontent both with the immigration which had occurred and with the new policy of multiculturalism , in which the native British culture was to have no privileged place but was to be merely one amongst many competing cultures. Worse, in practice the  native culture (or cultures if you prefer) was not even to be  allowed to compete because to do so would be to give the native population a public voice and a focus for their discontent.

The Labour Party at the parliamentary level was generally willing to espouse the new ideology uncritically because it fitted with their internationalist rhetoric. It also helped that the immigrants overwhelmingly voted Labour and were neatly consolidated in ghettos in the larger towns and cities where their votes were likely to elect Labour candidates more often than not.

Of course there was the seemingly ticklish problem for the multiculturalists of Labour being out of power for 18 years. In practice it did not matter, for it was not only the overt liberal left who embraced multiculturalism. Whatever their rhetoric, in practice,

the Tories climbed on the multiculturalist bandwagon quickly enough. Thatcher had spoken not long before being elected in 1979 of Britain being “swamped” by immigrants. But once in office she did nothing and the position continued to worsen, not least because she signed the Single European Act in 1985 which granted any person legally resident in another EU state the right to work in Britain. And of course throughout the 18 years of Tory office, people with the “right” multiculturalist views controlled the media, academia and increasingly the civil service. They were always on hand, both behind the scenes and publicly, to ensure the Tory Government did not actually do anything to disturb the multiculturalist programme.

Worse was to follow. In opposition the Tories followed the course of the Labour Party. Three election defeats in a row persuaded them elect as leader David Cameron, a man who adopted the same strategy for the Tories as Blair had pursued when he dumped everything Labour stood for. Cameron quickly got rid of everything which was considered “Old Tory” . This included wholeheartedly embracing multiculturalism. The electoral circle on immigration was formally closed. There is no major party to vote for if you do not want further mass immigration.

The silencing of the white working-class voice on immigration was achieved by a number of means over the past quarter century. Most potent was the mixture of legal threats such as the various Race Relations Acts and associated legislation such as the Public Order Act of 1986 and  the religious exclusion of anti-immigration views from the mainstream media. British culture was gradually relegated to a less prominent place in schools. Pupils were taught, if they were taught anything about the past, of white wickedness. The Atlantic slave trade was represented as the greatest crime of history, the British Empire nothing more than a cruel invasion and subjugation of defenceless peoples. Any sign of publicly expressed native English pride was jumped on from everyone from politicians to teachers and denounced as xenophobia at best and racism as worst.

It did not take long for anyone who was not a supporter of multiculturalism to be beyond the liberal elite Pale. By 2006 multiculturalism had been formally embedded into public life through a mixture of ideological sharing amongst the elite and their auxiliaries and the law, most notably in recent years by the Race Relations (Amendment Act) of 2000 which effectively places an obligation on all employers who receive public funding to demonstrate that they are not being discriminatory.

The contemptuous mentality of those who currently permit and advocate mass immigration to Britain is epitomised by a speech in 2006 to business leaders by the Governor of the Bank of England, Mervyn King:

“If the increased demand for labour generates its own supply in the form of migrant labour then the link between demand and prices is broken. Indeed, in an economy that can call on unlimited supplies of migrant labour, the concept of output gap becomes meaningless….The UK is not in that extreme position, but the inflow of migrant labour, especially in the past year or so from Eastern Europe, has probably lead to diminution of inflationary pressure in the labour market,relative to previous experience.

“The Home Office estimates that around 120,000 workers entered the UK from the new member countries of the European Union between March 2004 and March 2005. Without this influx to fill the skills gap in a tight labour market, it is likely earnings would have risen at a faster rate, putting pressure on employers, and, ultimately, inflation”.’ Daily Telegraph 14 6 2006.

There you have the elite view of the day: human beings are to be treated purely as factor of production along with land and capital. No greater contempt for the masses, including the white working-class, can be held.

4. The EU and other treaties

Whatever their public words, both the Tory and Labour parties were generally nationalist in their behaviour until well after the second world war. Traditional Tories were nationalists by conviction, while even the Labour left were in practice protective of the nation state because they strongly opposed the importation of cheap goods and cheap labour. British membership of the EU (then the EEC) from 1973 onwards changed the rules of the game for both parties.

The Treaty of Rome made Britain generally subordinate to a foreign authority. It was not like a normal treaty such as that of NATO which is formed simply for a particular limited purpose and which can be ended or withdrawn from cleanly. The Treaty of Rome was a full blown political project with the specific aim of creating a supranational political entity. Even when Britain joined, the EU’s powers to interfere with British political decisions were substantial, although nothing like as extensive as they are in 2012. It simply was not possible to be a wholehearted nationalist any more. That undermined traditional Toryism and paved the way for Thatcherism, which was predicated on the individual rather than the community.

For the Labour Party learning to love the EU took a long time. Their 1983 manifesto advocated withdrawing because the EU was viewed as a capitalist club. But as the Party painfully lurched towards accepting the globalist market-led creed, there came the realisation on the left that both globalism generally and membership of the EU were wonderful promoters of internationalism. They did not deliver the internationalism which the left had traditionally sought, all brotherly love and material sharing, but they accomplished a central part of the internationalist dream, the destruction of nations. This realisation, together with the fear they would never hold power again drove Labour away from their practical nationalism.

As the years passed the entire political class also discovered general benefits from globalism and EU membership. Being in international clubs such as the EU and the WTO effectively destroyed democratic accountability. Any policy relevant to a treaty could be pushed through with the excuse that Britain was legally bound by treaty to do this. Membership of the EU in particular ensured that the excuse could be used over vast swathes of policy. This loss of democratic accountability removed the last vestiges of white working-class power because there was no mainstream Party with a chance of forming a government to speak or act for them. The white working-class might as well have stopped voting then for all the good it now did them.

5.Devolution and demonising the English

Up to 1997 the white working-class in the UK as a whole suffered much the same decline in prestige and strength. Blair’s victory in that year altered matters fundamentally. Primarily for the self-serving political reason that Labour normally depends heavily on Scots and Welsh MPs to achieve a working majority in the Commons, the Party adopted a policy of devolution for Scotland and Wales. (Northern Ireland was also brought into the devolution mix but for other reasons). It was one of the first major pieces of NuLabour manifesto-promised legislation to be enacted.

Devolution created a ticklish problem. How could it be that England, where more than 80% of the population of the UK resided and where even more than 80% of the UK’s GDP was generated, should have no national representation? Why did England not deserve its own political voice if Wales and Scotland and even tiny Northern Ireland did? Because there was no reasonable answer to that question Labour (and the liberal left generally) invented unreasonable ones: England was too big, there was no such thing as Englishness, the English had no desire for a parliament, such a parliament would only mean more politicians and expense and, most tellingly, the English could not be trusted with nationalism, a claim best translated as “The ruling liberal elite are determined at all costs to prevent the English having a voice because if they do they will look after their own interests which are currently being outrageously neglected”.

When I say ruling liberal elite I am of course including the entire political elite. A prime example of the cross-party agreement on the “dangers” of English nationalism came in a BBC Radio 4 programme Brits which went out on 10 January 2000. The then Home Secretary Jack Straw and the Tory leader of the moment William Hague appeared. This is what they said:

Straw: “[the English] are potentially very aggressive, very violent [and had in the past] used their propensity for violence to subjugate Ireland, Wales and Scotland”.

Hague:” English nationalism is the most dangerous form of nationalism that can arise in the United Kingdom, because England is four-fifths of the population of the UK…Once part of a united country or kingdom that is so predominant in size becomes nationalistic, then really the whole thing is under threat…”

The unresolved question of English devolution within an otherwise devolved UK led to a shift by politicians from the denigration of the white working-class generally to denigration of the English in general and the English white working-class in particular, the latter being commonly portrayed by politicians and the media as brutish people with the unspoken subtext “they cannot be trusted with power”. As most of the British white working-class are English, the white working-class were further marginalised.

Devolution also had a direct material effect on England and in particular the English poor. The amount spent per head on public services has for a long time grossly disadvantaged the English, viz:

According to official figures from the Treasury, 2010/11 projected average UK government spending per person was £10,212 in Scotland, compared to just £8,588 in England. Spending was also higher in Wales (£9,829) and Northern Ireland (£10,706). (http://tinyurl.com/cxmgwly)

The rate of increase of the per capita payments accelerated after devolution and consequently weakened public provision in England compared with the rest of the UK . That diminution of provision has struck most profoundly at the English white working-class.

6.The ethnic minority problem

Where do ethnic minorities stand in a devolved UK? German-born Labour MP Gisela Stuart writing in online magazine openDemocracy.net in December  005 described the problem, whilst also gaily insulting the English: “It  as only been in the last five years or so that I have heard people in my constituency telling me ‘I am not British – I am English’. That worries me.

“British identity is based on and anchored in its political and legal institutions and this enables it to take in new entrants more easily than it would be if being a member of a nation were to be defined by blood.

“But a democratic polity will only work if citizens’ identification is with the community as a whole, or at least with the shared process, which overrides their loyalty to a segment.” (Quoted in Birmingham Mail 18 11 2005)

The problem for people such as Ms Stuart is that Britishness was destroyed by devolution. There is no longer a comfortable overarching label of British under which everyone can be placed. All that is left for the people of Britain to cling to are emotional ethnicities.

The situation is most acute in England because that is where the majority of ethnic minorities in the UK live. There is hard evidence that ethnic minorities in England routinely do not think of themselves as English. In 2005, the CRE commissioned from the research firm Ethnos a poll designed to discover how Britons identify themselves (http://www.cre.gov.uk/downloads/what_is_britishness.pdf). A couple of passages are particularly telling:

“In England, white English participants identified themselves as English first and British second, while ethnic minority participants perceived themselves as British. None identified as English, which they saw as meaning exclusively white people.”

“Britishness was associated with great historical and political achievements, but only amongst white participants (whether from England, Scotland or Wales), not those from ethnic minority backgrounds”.

This tells us two things: ethnic minorities in England routinely reject the idea of Englishness and ethnic minorities everywhere in the UK have no identification with Britain’s past. So much for Britishness.

 7. Balkanising England

Recognising the danger that English nationalism represented to Labour’s domestic political hopes (and quite possibly to the EU’s wish to divide the UK into a series of regions), the Blair government attempted to create a political structure which would make an English Parliament next to impossible. Their method was to Balkanise the country through the creation of regional assemblies (the artificial regions chosen just happened to fit the regions into which the EU bureaucrats have decided England should be divided). But this plan fell over, at least for the foreseeable future, when a referendum to set up an assembly in the least artificial of the regions, the North-East, was humiliating by an overwhelming NO vote.

 8. The gradual demoralisation of the white working class

If laissez faire economics, immigration reaching a critical level and international treaties were the immediate reasons why the white  working-class has fallen so far from favour, the ground for their realisation was prepared during the thirty-five years which followed the Labour victory of 1945.

It is important not to be sentimental about the white working-class before their desertion by the British political class. Britain was far from being a peaceful society. Industrial relations were seriously fraught from the Eighteenth century onwards, long before nationalisation and the modern welfare state. Much crime went unreported because working class communities refused to report it. Vicious fights regularly took place in places such as the docks and the mines. There was considerable football hooliganism. Until the Irish Free State was founded, Irish nationalism was a constant  running sore. Violent criminal gangs controlled places such as the Elephant and Castle and Brighton.

British education until after the second world war (and the Butler Act’s implementation) was seriously flawed, with most children leaving school at 14 having received no more than a primary education – only those who committed themselves to staying until 16 received  secondary education. The general standard of education was not high,  although, unlike now, the members of the political elite were frequently well educated.

There was also a great deal of abject poverty right up to 1939 with many working people living from wage packet to wage packet, often  with the aid of a weekly trip to the local pawnbroker. There was only a rudimentary welfare state and to fall ill if you were poor was to place yourself at the mercy of the charity of others.

Despite these shortcomings, at the outbreak of the second world war working class society was much more coherent and secure than it is today. Most important was the fact that mainland Britain was racially and ethnically a very homogeneous society, even the ancestral  cultural divisions between the English, Scots and Welsh were largely shadings within a single cultural spectrum rather than violently competing ethnicities. Across the water Ireland was a problem, but even there the divisions were political and religious rather than matters of  profound ethnic difference. Such serious ethnic tension as there was resulted from the influx of Jews fleeing Nazi Germany, but even there the persistent failure of Mosley’s Blackshirts to gain electoral support in the midst of the Depression tells its own story: vehement anti-semitism was not a widespread problem.

The homogeneity of Britain generated a sense of security because the mainland British at least did not have the distraction of chronic and serious ethnic strife. That sense of security was bolstered by the fact that each of the four home nations had their own territory which they dominated in terms of occupation of the land even if they did not formally control their territory. The white working-class generally did not feel threatened by people whom they felt had no place in Britain. Most felt, whatever their personal troubles, that at least they were secure in their own land.

Added to, and arguably arising from, this marvellous ethnic and territorial security were potent and well established social support mechanisms of the working class, viz:

1. Unions, including their large welfare role.

2. Co-Operative Societies – Harrods for the working class.

3. Friendly societies.

4. Homogeneous working-class communities which mutually  supported their members.

5. Large scale manual employment for the working class.

That was the position at the end of WW2, and for a considerable time after 1945 the condition of the white working-class actually improved as a full blown welfare state, rising wages and very low employment significantly increased their security and advantage.

The 1944 Butler Education Act gave all British children the chance to go to a grammar school and even those who did not gain a grammar school place got an extra year of schooling, schooling which went beyond the primary level. It was a far from perfect educational system but it was a considerable improvement on what had gone before. Most importantly, for the first time it gave large numbers of white  working-class children the chance of a first rate education and, for a significant minority, the chance to go to university.

Unions remained strong and both major political parties were committed to maintaining by protectionist measures the British economy, a fair slice of which was in any case nationalised. The white working-class were both the electoral bedrock of the Labour Party and courted by a Tory Party which realised it had to abide by the Attlee Government’s social reforms if it was to be elected (in the mid-fifties one of the proudest boasts of the Tory Government was that they had built 300,000 council houses in a year).

To this growing advantage was gradually added a de facto censorship of criticism of the white working-class. Throughout the period 1945 to 1975 there developed a pernicious habit amongst the British elite whereby public criticism of the white working-class became unacceptable in much the same way that over the past thirty years ethnic minorities have ceased to be publicly criticised.

Like any powerful class which is exempted from criticism the white  working-class abused their position, or perhaps more correctly, allowed their elected representatives whether in politics or unions, to lead them into abusive ways. The unions were all too ready to call strikes, strikes which when they affected the nationalised industries had the power to cripple British life.

The unions had become too powerful and it was their extreme propensity for “industrial action” – strikes, working-to-rule, demarcation disputes and violent picketing – which began to break down the public silence over white working-class abuses. Gradually it became acceptable for politicians and the media to criticise the white  working-class. They needed little prompting because politicians of all colours and mediafolk were more often than not were middleclass, and the middleclass had very little natural empathy with the white  working-class, just as today politicians and the media have no natural empathy with the ethnic minorities who are their current client class.

By 1970 the white working-class was outwardly as secure as a class as they had ever been and would be again. But even at the seeming height of their class advantage they were weaker than they once had been, naturally weaker than ever before in fact because sociological rats  had been gnawing away at their natural cohesion since 1945.

The mass post-war immigration began in the late 40s but it was not a major problem for the white working-class until the 1960s. More immediately damaging were the slum clearances which dominated the twenty five years after the War. These destroyed many working class communities by the simple expedient of dividing them up  between different housing estates. The working class were still living together but they were no longer the tightly knit coherent communities which had existed for generations. Instead it was strangers living together and living together not in housing which allowed an easy social life to develop, but more often than not in high rise buildings which destroyed social intimacy.

Ironically the new welfare state damaged the white working-class because it weakened the informal traditional social supports deriving from a well established community (help from friends and extended family) and led to the decline of formal supports such as friendly societies and the co-operative movement.

9. Education subverted

In the 1960s came the disaster of comprehensive schools and progressive educational theory. Comprehensivisation took away the ladder by which the bright white working-class child progressed, the grammar schools. The secondary modern -technical school- grammar school established by the Butler Act was far from perfect because it left large numbers of children labelled as educational failures, but that which replaced it was far worse a system. Most comprehensives simply did not have the resources or the will to provide a grammar school level education for their brightest pupils.

Progressive educational theory caused a general diminution in educational standards through a combination of its “discovery” method of learning, ie, do not actually teach them anything, and a self-denying ordinance which forbade any criticism of a child’s work. Stir in the lunacy of producing school exams to be taken by children of all ability (GCSE) and the incontinent expansion of higher education from the late 1980s onwards, season with the quasi-commercialisation  of schools and universities through money following the pupil or student, top with school examination boards becoming overtly commercial, and you have the recipe for the mess which is modern British education, where exam grades rise inexorably while performance moves just as remorselessly in the opposite direction.

The percentage of working-class children at university is actually lower in 2012 than it was forty years ago. Of course the numbers of children in higher education has expanded massively since the mid-sixties and in absolute numbers far more white working-class pupils go on to university in 2006 than 1966. But it counts for nothing. If more white working-class pupils may have GCSEs, A Levels and degrees now, the standard of the education they receive to gain such qualifications is so degraded from what it was forty years ago that the qualifications are next to worthless as guides to employers of a person’s ability and the education received while taking them fails to equip students for the world of work even at the basic level of literacy and numeracy.

Had the major sources of traditional white working-class employment not been largely destroyed in the 1980s and 1990s, comprehensive education would not be so dire in its consequences for the white working class, because they would still have been employed in secure jobs which do not require much education. Instead, millions  are trapped in unemployment (admitted unemployment or disguised as ill, retired early or attending worthless courses in higher education) or in insecure and ill-paid jobs, stranded without the education to find decent, well-paid work.

Any society also has to take into account the fact that any population contains many people who are naturally poorly equipped to do anything other than unskilled jobs. Ten per cent of the British population has an IQ of 80 or less. An IQ of 80 is the level at which psychologists generally agree someone begins to struggle to cope with the demands of an advanced society such as Britain. Such people require jobs they can do. Immigrants take those jobs and depress wages. The white working-class are being left with less and less.

With their traditional employments largely destroyed, subject to a state educational system which leaves them ill-equipped for any job other than the unskilled, beset by cheap immigrant labour competing  for unskilled jobs and crippled by the cost of housing, the white  working-class are ever more dependent on public provision. That provision is becoming increasingly uncertain as immigrant demand for social provision multiplies, public spending soars to dangerous heights and Blair’s mania for introducing private money and companies into public provision runs riot.

What were once the public utilities – gas, electricity, water, the railways – are becoming dearer and dearer despite providing an increasingly poor service through a lack of investment in maintenance and the shedding of jobs (the government cannot do anything to subsidise utility prices because of our membership of the EU). The poorer you are the larger part of your income is taken by these vital products and services.

Benefits and the state pension are linked to the Retail Price Index (RPI) but this understates inflation substantially, primarily because the cost of housing, i.e. what it costs to buy a property, is not included (only average mortgage repayment costs and rents are). This understatement of inflation means that benefits and the state pension are gradually losing their value in real terms.

There are also many people for whom the basket of goods and services is unrepresentative. For example, 14% of the index is devoted to motoring expenses which means that the RPI figure is barely relevant to non-car owners. RPI also excludes from its spending pattern such inconvenient people as OAPs surviving on the state pension because they are not “typical”. Generally, the poorer you are, the less representative of your spending RPI will be.

Wages are also affected by official inflation figures because they are used as a benchmark for both public service and private industry wage increases. I say inflation figures because more than one index is used. The Consumer Prices Index (CPI) is the index used these days to give the headline rate of inflation. This is even less accurate a guide to the true rate of inflation than RPI because it excludes housing costs altogether. Where this figure is used to guide wage increases the real value of the wage decreases even more rapidly in real terms than benefits and the state pension.

Then there is taxation. The poorest people in work in the population pay by far – in direct and indirect taxes combined – the highest proportion of their income in tax of any part of the population.

10. How could the present position be remedied?

Britain needs to do four things. (1) withdraw from the EU and  repudiate any other Treaty which prevents the country exercising her sovereignty over immigration and her economy. (2) Recognise that public provision is generally best supplied by the state directly providing it. (3) Substitute for the globalist ideology an unaggressive nationalist one which steers a middle course between protectionism and manic free trade and which clearly distinguishes between the status of  citizens and foreigners. (4) End mass immigration.

The first two are essentially acts of domestic political will. Withdrawing from the EU and treaties such as the UN Convention on Refugees would doubtless cause a great deal of political huffing and puffing but would be unlikely to produce any profound ill-effects because the EU would still wish to trade with Britain and the UN is becoming increasingly irrelevant. Public services – by which I mean genuine public services such as the NHS and prisons – are essentially a domestic matter and should concern no one outside this country.

The last two are more problematic. Adopting an unaggressive nationalism and clearly distinguishing between the status of citizens and foreigners would be no difficulty in practice because those are decisions which have little practical effect on other nations, but what of our trading treaty relationships, especially our membership of  the World Trade Organisation? If we remained within the WTO would that make a middle course between protectionism and free trade impossible?

The WTO in practice permits many protectionist measures – readers will recollect how the USA suddenly slapped tariffs on foreign steel a year or so back. There is a good deal of wriggle room which Britain could use to protect her domestic economy. For example, if another WTO member is doing something protectionist and getting away with it, and many are, then the WTO will scarcely be able to penalise Britain. If the worst comes to the worst and we had to leave the WTO, bilateral agreements with other countries could be made – Britain has too large an economy for other states en bloc to forgo the opportunity for trade.

11. The end of mass immigration

That leaves mass immigration which I shall deal with in some detail because it is the most dangerous threat to the welfare of both the white working-class and the native British population as a whole. The stopping of further mass immigration alone would do more for the white working-class than any other single action by government. It would tighten the labour market and improve their employment opportunities. That in turn would improve their status. The pressure on public services, transport and housing would be lessened making access to them cheaper and easier for the white working-class. More generally, the moral climate would change because the ending of mass immigration would signal that there is a clear distinction between the rights of British citizens and the rights of foreigners.

With control resumed over our borders through withdrawal from the EU and the repudiation of other treaties, there would be in principle no problem with stopping further mass immigration. But what about the economic effects? The liberal internationalists tell us that the woes of the world would come upon us should we do such a thing,  although, like Lear threatening retribution, (“I shall do such things ….I know not what they are”) they are strangely unable to quite  say what the woes will be.  If reality, there would simply be a manageable period of economic and social reconstruction.

The immediate economic effect would be  a redistribution of labour. Labour would move into those occupations which are essential and which cannot be provided at a distance, for  example  healthcare  and education. We would discover how  occupations rank in terms of utility. Wages would rise in those occupations which had most utility to attract staff from elsewhere.

Employers would respond to labour tightening by using labour more efficiently. Automation would increase and employers would  change their attitude to the older person and the disabled.

Both employers and government would take vocational training more seriously. Government would provide incentives to employers to train their staff and increase the training of public service  professionals such as doctors and dentists. Government would also be forced to tackle the mess which is our public education to ensure an adequately educated workforce.

Employers who could not find the labour to run their business in this country would have to accept they could not do so. No one has a right to engage in an enterprise regardless of the effects on the welfare of the community as a whole. Capital which cannot be used in this country can be invested abroad.

12. Would there be an unmanageable labour shortage?

The idea that Britain is short of labour for most purposes is demonstrably absurd. The official figure for those under the state retirement age who are economically inactive in the UK is 7 million. Clearly not all of those would be able or willing to work, but equally clearly a large proportion would be able and willing to work if the conditions were right, i.e., wages rose, employers became more accommodating and the benefits system was tightened as the number of opportunities for work rose.

The claim that the indigenous population will not do the jobs immigrants take is demonstrably false. In areas of the country with few immigrants native Britons do them willingly. In many instances where foreign workers are employed it is not because native Britons will not work. Take the case of the cockle-pickers who died in Morecombe Bay several years ago it was widely reported in the media that the Chinese cockle pickers clashed with British cockle pickers who resented them invading their territory. These Chinese were not filling jobs which were unfilled by the British but competing with the British for the work.

The experience of the cockle-pickers is found elsewhere, not least because employers, particularly  gangmasters,  are frequently immigrants. They generally prefer to employ people of their own ethnicity.  The consequence is that the British are not found in some occupations in some places because the  immigrant employers deliberately avoid recruiting them.

The other thing which prevents native Britons taking jobs in some parts of the country is the fact that the native Briton does not want to work for employers whose workforce is predominantly formed of immigrants or native-born ethnic minorities. Like every other people, native Britons do not wish to be forced to work in their own land in a employment where they are in the minority.

It is also important to remember that the menial jobs immigrants take are worth far more to them than a native Briton. If you earn as little as £250 a week net – many immigrants work cash in hand – and live in accommodation either supplied by an employer or in crowded accommodation for very little rent, you will probably still be able to save a a substantial amount, say, £2,000 pa.

If you come from China where wages even in the big cities are 50 pence an hour, you would earn œ1,000 pa for a 40 hour week. Working at a menial job in Britain allows you to save double the average Chinese big city annual wage in a year. That money remitted to China takes on the local purchasing power. The multiplier for Eastern Europeans is less but even there œ2,000 saved in a year would be a good professional salary in places such as Poland. Give native Britons the chance to save the equivalent of a British professional’s salary in a year doing a menial job and they will flock to the work and put up with basic living conditions. Of course, no such employments are on offer to Britons.

13. Conclusion

The crime of the post-war British elite of all political colours has been to destroy the social and economic structures which gave  security and viability to white working-class society without replacing them with something else. The elite mashed their communities through slum clearance, thrust mass immigration into the areas in which the white working-class lived, destroyed through “free trade” the great industries which traditionally employed them and hamstrung the unions by a mixture of legislation, cheap foreign labour both at home and abroad and the creation of a perpetual “reserve army of labour” from the native population. At the same time the white working-class were deprived of the means to create new lives and social structures through a decent education. Whatever the white working-class are now, they are the product of decisions made by the British political elite since 1945.

I am not a sentimentalist who imagines that the ideal world would be one in which the white working class continued unchanged as noble “sons of toil” or that ” working-class culture” should be preserved in aspic. Had every white working-class person in the country been converted into part of the middleclass by an unforced process of improved education and rising wages I would have seen that as part of a natural sociological change. But that of course did not happen, probably in principle could never have happened in a country the size of Britain. The white working-class have been disenfranchised. The British middle class have been at best complicit in the attack on the white working-class and at worst have taken an eager and active part in it. For decades they thought themselves personally safe from the consequences of immigration and, later, imagined that they were immune from the effects of globalisation. They find themselves unable to buy houses because of the absurd prices They are beginning to learn the hard facts of sociological life: mass immigration and globalisation eventually affects all but the truly rich, a poetic justice but one which harms the country.

Can things change? For the first time in half a century British politicians (and the liberal elite generally) are beginning to display realism over the effects of immigration. This realism is coming from both the major Parties. Here is the Tory MP Julian Brazier writing in a pamphlet for the Cornerstone group:

“Overcrowding is a key cause of many of the factors which are destroying quality of life: mortgage slavery, over-development, congested roads, water shortages, flooding and overstretched public services. We should do everything we can sensibly – and fairly – to reduce the level of immigration to well below the level of emigration.” (The Times August 01, 2006)

On the other side of the political fence is Labour MP Jon Cruddas, MP for the Essex seat of Dagenham. Writing a commentary on a Rowntree Trust study THE FAR RIGHT IN LONDON which deals with the recent success of the BNP in his constituency he comments:

“…it [the Blair Government] has tacitly used immigration to help forge the preferred flexible North American labour market. Especially in London, legal and illegal immigration has been central in replenishing the stock of cheap labour across the public and private services, construction and civil engineering…

“For many of my constituents the value of their social wage is in decline. House prices appear to rise inexorably upwards whilst thousands and thousands seek nonexistent, new social housing. Public service improvements fail to match localised population expansion let alone the long term legacy of underinvestment…

“At work their terms and conditions are under threat as they compete for work with cheap immigrant labour. In terms of access to housing  and public services and their position in the workplace many see immigration as a central determinant in their own relative impoverishment….

“Those communities that must accommodate the new immigrant communities are the ones least equipped to do so they themselves have the most limited opportunities for economic and social mobility…”

But realism from a few politicians acting as individuals is worthless if the major political parties do nothing or indeed, with our various treaty obligations, can do nothing legally while we are bound by them. The only way Britain could meaningfully regain control of immigration is to leave the EU and renounce all other treaties, such  as the UN Convention of Refugees, which prevents Britain from controlling her borders. There is absolutely no sign that any major party or even individual politician is willing to contemplate such a policy.

Immigration is only one part of the problem. There is still very little realism from even by individual MPs over the effects of laissez faire economics and freer trade, both of which severely undermine the condition of the white working-class (and increasingly, much of the middleclass).

The manic drive to privatise everything in sight, whether by outright privatisation or the introduction of private money into public services, shows no sign of abating. The immediate consequence of this is all too often reduced services at greater cost, while the long –term effect may be to reduced public provision generally, either because the costs simply go out of control or because the fact that a service is provided by a private contractor rather than by direct labour public provision makes it easier to reduce the service or stop providing it altogether..

On the education side so much damage has been done to our education system, from primary schools to universities, that it is difficult to see how things could be changed in less than a generation.

Perhaps the greatest problem is the current state of our political system which has become utterly unresponsive to the needs of the British people in general and the white working-class in particular.

The Labour MP John Cruddas wrote this recently in his commentary on a Joseph Rowntree Trust report “The rise of the Far right”. “The [Blair] government is not a coalition of traditions and interests who  initiate policy and debate; rather it is a power elite whose modus operandi is the retention of power.” The words could be as readily applied to the modern Tory Party.

Compare this with George Orwell’s words in 1984:” “The Party seeks power entirely for its own sake. We are not interested in the good of others; we are interested solely in power. Not wealth or luxury or long life or happiness: only power, pure power. …We are different from the oligarchies of the past, in that we know what we are doing. All the others, even those who resembled ourselves, were cowards and hypocrites. The German Nazis and Russian Communists came very close to us in our methods, but they never had the courage to recognise their own motives. They pretended, perhaps they even believed, that they had seized power unwillingly and for a limited time, and that just around the corner there lay a paradise where human beings would be free and equal. We are not like that. We know that no one ever seizes power  with the intention of relinquishing it. Power is not a means, it is an end. One does not establish a dictatorship in order to safeguard arevolution; one makes the revolution in order to establish the dictatorship.” (O’Brien speaking to Winston Smith during his interrogation).

That is the political system we have now: a simple desire for power. The only thing which will change it is fear, fear in the political elite that things are running out of control, that they may be brought to account. Then they will shamelessly amend their ideology, what they said was black yesterday will become white tomorrow. Elites only have one settled principle – to do whatever is necessary to preserve their power and privilege.

“British identity is based on and anchored in its political and legal institutions and this enables it to take in new entrants more easily than it would be if being a member of a nation were to be defined by blood.

“But a democratic polity will only work if citizens’ identification is with the community as a whole, or at least with the shared process, which overrides their loyalty to a segment.” (Quoted in Birmingham Mail 18 11 2005)

The problem for people such as Ms Stuart is that Britishness was destroyed by devolution. There is no longer a comfortable overarching label of British under which everyone can be placed. All that is left for the people of Britain to cling to are emotional ethnicities.

The situation is most acute in England because that is where the majority of ethnic minorities in the UK live. There is hard evidence that ethnic minorities in England routinely do not think of themselves as English. In 2005, the CRE commissioned from the research firm Ethnos a poll designed to discover how Britons identify themselves (http://www.cre.gov.uk/downloads/what_is_britishness.pdf). A couple of passages are particularly telling:

“In England, white English participants identified themselves as English first and British second, while ethnic minority participants perceived themselves as British. None identified as English, which they saw as meaning exclusively white people.”

“Britishness was associated with great historical and political achievements, but only amongst white participants (whether from England, Scotland or Wales), not those from ethnic minority backgrounds”.

This tells us two things: ethnic minorities in England routinely reject the idea of Englishness and ethnic minorities everywhere in the UK have no identification with Britain’s past. So much for Britishness.

Why Jeremy Hunt’s claim of no bias is a nonsense

Robert Henderson

Jeremy Hunt’s defence against accusations of bias when judging the bid of the Murdoch family  to gain full control of BskyB  is simple: he says  that regardless of his own pro-Murdoch  views,   he behaved with absolute propriety and impartiality in his conduct of the matter, taking what he claims was independent advice throughout and always  acting upon it.

The problem for Hunt’s argument  is that he was in a quasi-judicial situation.  This means that he had to comply with the dictates of natural justice which applies  “equally to the decisions of administrative and domestic tribunals and of any authority exercising an administrative power that affects a person’s status, rights or liabilities. Any decision reached in contravention of natural justice is void as ultra vires . There are two principal rules. The first is the rule against bias (i.e. against departure from the standard of even-handed  justice required of those who occupy judicial office.) – nemo judex in causa sua ( or in proporia causa) (no man may be a judge in his own cause)This means that any decision,  however fair it may seem, is invalid if made by a person with any financial or other interest in the outcome  or any other known bias  that might have affected his judgement.  The second rule is  known as audi alteram partem (hear the other side). It states that a decision cannot stand unless the person directly affected by it is given a fair opportunity both to state his case and to know and answer the other side’s case.  (Oxford Dictionary of Law 1996 edition P261)

The bias rule means that not only must the person in the judicial or quasi-judicial position behave without bias, they must be seen as having no conflict of interest which could lead to a reasonable suspicion of bias. Like Caesar’s wife, Hunt needed to be above suspicion.  Clearly he was far from being that because  of (1) his severally expressed  desire to see  News International gain full control of BskyB , including  enthusiastic written support just before Cameron appointed  Hunt to replace Vince Cable as the minister responsible for making the decision on the News International bid,  (2) the incestuously chummy behaviour of his special advisor Adam Smith when dealing with News Corp  lobbyist Fred Michel and  (3) his own texts and emails including compromising ones with his political colleagues.

A month before Hunt replaced Cable as overseer of the BskyB bid,  he wrote to David Cameron asking for a meeting with Cameron and Cable to discuss the handling of the bid. In the note Hunt was concerned that referring the bid to  Ofcom might leave the Government  “on the wrong side of media policy” and  expressed the view that it would be  “totally wrong” for ministers to “cave in” to News Corp’s opponents. (http://www.telegraph.co.uk/news/uknews/leveson-inquiry/9288966/Jeremy-Hunt-and-the-secret-BSkyB-memo-to-David-Cameron.html).  Sir Gus O’Donnell,   the  cabinet secretary at the time when  Hunt was given Cable’s job .  O’Donnell’s job  was  to decide whether Hunt was  qualified to be Cable’s replacement for the job of overseeing the News Corp’s bid for total control of BskyB.   This judgement included the question of bias.  O’Donnell made his judgement inn ignorance of  Hunt’s memo to Cameron because neither Hunt nor Cameron  disclosed it to O’Donnell.

Just before Hunt was given the job of handling the BskyB takeover bid he was effectively lobbying on News Corp’s’ behalf :

‘Hunt email to [Andy] Coulson, [then the  director of communications at No 10] timed at 4.10pm,  21 December 2011: “Could we chat about this. Am seriously worried Vince [Cable] will do real damage to coalition with his comments.”

Two minutes earlier, at 4.08pm, he [Hunt]  texted Osborne: “Cld we chat about Murdoch Sky bid am seriously worried we are going to screw this up. Jeremy.”

Almost immediately he fires off another text to the chancellor: “Just been called by James M. His lawyers are meeting now and saying it calls into question legitimacy of whole process from beginning ‘acute bias’ etc.”

Osborne responds to intimate that Hunt has got the job of overseeing the News Corp/Sky bid, texting him at 4.58pm: “I hope you like our solution “. ‘ (http://www.guardian.co.uk/politics/2012/may/31/jeremy-hunt-george-osborne-bskyb-bid)

Hunt did this despite having been given legal advice that he should not try to influence the outcome of the BskyB bid (http://www.telegraph.co.uk/news/uknews/leveson-inquiry/9290934/Leveson-Inquiry-Jeremy-Hunt-tried-to-intervene-in-Vince-Cable-scrutiny-of-News-Corp-bid-for-BSkyB.html)

The extent of the contact between Hunt, the DCMS and Adam Smith and News Corps after Hunt was appointed to the position Cable had vacated  is extraordinary.   Hunt and DCMS officials exchanged  799 text messages with News Corp; Adam Smith 257 with Fred Michel of News Corp.  (http://www.telegraph.co.uk/news/uknews/leveson-inquiry/9287284/Leveson-Inquiry-DCMS-exchanged-799-texts-with-News-Corp-during-BskyB-bid.html)

The  nature and tone of the texts are as remarkable as there frequency. Here are few examples of Hunt’s:

“2011 20 Jan

Michel to Hunt

Following minuted meeting in DCMS with News Corp to discuss the bid:

Great to see you today, we should get little [names of children] together in the future to socialise. Nearly born the same day at the same place! Warm regards, Fred.

Hunt to Michel

Good to see you too. Hope you understand why we have to have the long process. Let’s meet up when this resolved.

Jan 21

Michel to Hunt

You were very impressive yesterday, and yes, let’s meet up when it’s all done. Warmest regards, Fred.

March 3

Michel to Hunt

Mr Hunt had announced he was accepting News Corp’s Undertakings in Lieu, which meant Sky News would become an independent company

 You were great at the Commons today. Hope all well, warm regards, Fred.

Hunt to Michel

Merci. Large drink tonight!  “

(http://www.telegraph.co.uk/news/uknews/leveson-inquiry/9287671/Leveson-Inquiry-the-texts-between-Jeremy-Hunt-and-Fred-Michel.html)

No judge would have failed to disqualify himself if he had had such contact with someone appearing before him, although no judge would have dreamt of having such contact with someone appearing before him.  Nor would any third party (in this case Adam Smith)  have been acting on behalf of a judge in a way guaranteed to compromise the ability of a  judge.

Whether Hunt behaved impartially in his consideration of the BskyB takeover bid is actually  irrelevant,  because the facts of his behaviour both before and after his appointment to adjudicate on the bid give ample ground for suspecting that he would be biased in his judgement.  Moreover, it is possible that someone who  appears to be biased would act unfairly in the opposite direction, that  is, treat  unfairly the person whom it was suspected he was biased towards  to allay claims of partiality.

There is also  the question of  whether those opposed to the BskyB bid had a meaningful opportunity to answer the  Murdoch case (the second primary rule of natural justice).  If Hunt accepted submissions from the opponents of  the Murdoch bid, and it would be extraordinary if he did not, those making the submissions would not be able to fully answer the other side’s case because they would not know the facts of what was happening between Hunt and his special advisor and  the Murdochs.

The fact that Hunt is trying to hang-on regardless of the mountain of evidence of inappropriate ministerial behaviour and David Cameron is desperately  attempting to protect him by refusing to refer Hunt’s behaviour to Sir Alex Allan, the independent adviser on the Ministerial Code tells you all you need to know about the Coalition, namely, that they have learnt nothing from the various scandals encompassing politicians in the past few years and believe that when shove comes to push that ministers can behave more  or less as they wish short of outright criminality  provided they retain the support of the Prime Minister.   Hunt’s behaviour should  have been referred to Allan because the Ministerial Code echoes the bias rule of natural justice , viz: :“ f. Ministers must ensure that no conflict arises, or appears to arise, between their public duties and their private interests” (http://webarchive.nationalarchives.gov.uk/+/http://www.cabinetoffice.gov.uk/media/409215/ministerialcodemay2010.pdf).

Cameron’s reluctance to act over Hunt is plausibly linked to his own close connections with the main News Corp/News International players, especially Rebekah Brooks and his appointment of an ex-news international editor Andy Coulson as No 10 Communications chief, a man  being investigated over phone-hacking while the editor of the News of the World and  now charged with perjury over a separate matter relating to the trial and conviction of the erstwhile  Scottish SMP Tommy Sheriden. There is also the fact that Cameron made the decision to appoint Hunt despite knowing of Hunt’s  bias in favour of the News Corp bid when he appointed him.  To that can be added the approval of George Osborne for the appointment  as shown in the text quoted above from Osborne to Hunt in which Osborne describes the appoint of Hunt to replace Cable as “the solution” to Hunt’s worries about News Corp failing to gain full control of BskyB   (http://www.guardian.co.uk/politics/2012/may/31/jeremy-hunt-george-osborne-bskyb-bid).

There is also evidence that 10 Downing Street aides had a good deal of contact with News Corp generally, viz: :

 “Two of David Cameron’s most senior and trusted advisors were having back door text chats with News Corp’s chief lobbyist at the height of the Milly Dowler scandal, it emerged tonight.

Gabby Bertin, the Prime Minister’s press secretary, exchanged numerous messages with Fred Michel in the days after true extent of phone hacking at the News of The World became apparent.

She also contacted the then chief executive of News International Rebekah Brooks to offer her support and was given early warning of the decision to close the News of the World.

At the same time Craig Oliver, David Cameron’s Director of Communications, was also in contact with Mr Michel and the pair met for dinner at a “discreet location” the day after the Dowler revelations came to light.

The text messages also show that there were a significant number of – up till now undisclosed – telephone conversations between Downing Street and News Corp as the extent of the scandal became apparent.”  (http://www.independent.co.uk/news/media/tv-radio/cameron-aides-cosy-chats-with-news-corp-7788308.html).

Cameron’s problem is that if Hunt goes he is also in the firing line because he has been too closely involved with both Hunt’s appointment and News Corp generally. .

It is nauseating to compare the ministerial misbehaviour  Cameron has tolerated  with his 2010  foreword to the Ministerial Code :

“Our new government has a particular and historic responsibility: to rebuild confidence in our political system. After the scandals of recent years, people have lost faith in politics and politicians. It is our duty to restore their trust. It is not enough  simply to make a difference. We must be different.

We have promised the people a coalition government united behind the key principles of freedom, fairness and responsibility. Every day of this government we  must make good on that promise, acting in a way that reflects these principles.

In everything we do – the policies we develop and how we implement them, the speeches we give, the meetings we hold  – we must remember that we are not masters but servants. Though the British people have been disappointed in their politicians, they still expect the highest standards of conduct. We must not let them down.

We must be different in how we think and how we behave. We must be different from what has gone before us. Careful with public money. Transparent about what we do and how we do it. Determined to act in the national interest, above improper influence. Mindful of our duty. Above all, grateful for our chance to change our country.

DAVID CAMERON (Ibid)”

Truly, Britain’s  leading politicians have no shame.

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