Tag Archives: treason

If there had been no post-1945 mass immigration into Britain …

Robert Henderson

Without mass immigration we should not have ….

1.. A rapidly rising population. http://www.theguardian.com/uk-news/2013/nov/06/uk-population-rise-ons

2. Ethnic minority ghettoes. http://blogs.telegraph.co.uk/news/edwest/100047117/britains-ethnic-ghettos-mean-liberals-can-wave-goodbye-to-their-dream-of-scandinavian-social-democracy/

3. Race relations legislation, most notably the Race Relations Act of 1976. http://www.legislation.gov.uk/ukpga/1976/74

4. Gross interferences with free speech such as those in the 1976  Race Relations Act  and 1986 Public Order Act arising from the British elite’s determination and need (from their point of view) to suppress dissent about immigration and its consequences.

5. Native Britons being  charged with criminal offences and,  in increasing numbers of cases,  finding themselves in  prison  for expressing their opposition to mass immigration  or  for being non-PC about immigrants and British born ethnic and racial minorities.  http://englandcalling.wordpress.com/2013/07/02/the-oppression-of-emma-west-the-politically-correct-end-game-plays-out/

6. Native Britons losing their jobs simply for beings non-pc  about  immigration and ethnic and racial minorities. http://www.dailymail.co.uk/news/article-1239765/Park-ranger-sacked-racist-joke-wins-40k-compensation-tribunal-tells-council-skin-colour-fact-life.html

7. Such a virulent political correctness,  because the central plank of the creed  – race – would have been removed or at least made insignificant. Without large numbers of racial and ethnic minorities to either act as the clients of the politically correct or to offer a threat of serious civil unrest to provide the politically correct with a reason to enact authoritarian laws banning free discussion about the effects of immigration, “antiracism” would have little traction.   Moreover, without the massive political  leverage race has provided,  political correctness in its other  areas,  most notably homosexuality and feminism,   would have been much more difficult to inject   into British society.  But   even  if  political correctness  had been  robbed of its dominant racial aspect  whilst leaving  the rest of the ideology  as potent as  it is now,    it would be a trivial thing compared to the ideology with its dominant  racial aspect intact.   Changes to the status of homosexuals and women do not fundamentally alter the nature of a society by destroying  its natural  homogeneity. Moreover, customs and laws can always be altered peacefully. A  country with  large unassimilable minorities  cannot be altered peacefully.

8. State sponsored  multiculturalism, which is now institutionalised within  British public service and the state  educational system. http://www.bbc.co.uk/news/uk-politics-12371994

9. Islamic terrorism. https://www.mi5.gov.uk/home/mi5-history/mi5-today/the-rise-of-the-islamist-terrorist-threat.html

10. The creeping introduction of Sharia Law through such things as the toleration of sharia courts to settle disputes between Muslims provided both parties agree. The idea that such agreement is voluntary is highly suspect because of the  pressure from within the Muslim population for Muslims to conform to Sharia law and to settle disputes within the Muslim population.  But even if it was always entirely voluntary, it would be wrong in principle to have an alien system of law accepted as a rival to the law of the land because inevitably it would undermine the idea of the rule of law and  further  isolate Muslims from the mainstream. http://www.telegraph.co.uk/women/womens-politics/10778554/The-feisty-baroness-defending-voiceless-Muslim-women.html

11. Muslims Schools which fail to conform to the national curriculum at best and at worst are vehicles for the promotion of Islamic supremacist ideas. http://www.telegraph.co.uk/education/educationnews/10777054/Ofsted-chief-to-take-charge-of-probe-into-Islamic-school-plot.html

12.  A calamitous housing shortage. http://www.jrf.org.uk/media-centre/shortage-homes-over-next-20-years-threatens-deepening-housing-crisis

13. Housing Associations which cater solely for ethnic and racial minority  groups. http://englandcalling.wordpress.com/2011/04/08/the-truth-about-social-housing-and-ethnic-minorities/

14. A serious and growing shortage of school places, especially primary school places . http://www.bbc.co.uk/news/education-23931974

  1. Health tourism on a huge scale http://www.spectator.co.uk/features/8880071/international-health-service/

16  Benefit tourism on a massive scale. http://www.migrationwatchuk.co.uk/pdfs/BP1_37.pdf

17 . Such crowded roads and public transport. http://www.london.gov.uk/media/assembly-press-releases/2013/10/fears-of-future-overcrowding-due-to-167-million-more-london-bus

18. Such a low wage economy.  http://www.theguardian.com/uk/2010/jan/17/eastern-european-immigration-hits-wages

19. Such high unemployment and underemployment. http://www.huffingtonpost.co.uk/2013/11/13/uk-employment-figures_n_4265134.html

20. Such a  need for the taxpayer to subsidise those in work because of the under cutting of wages  by immigrants.  http://www.insidehousing.co.uk/majority-of-new-housing-benefit-claimants-in-work/6521183.article

21. Areas of work effectively off limits to white Britons because either an area of work is controlled by foreigners or British born ethnic minorities, both of whom only employ those of their own nationality and/or ethnicity, or unscrupulous British employers who use foreigners and ethnic minorities because they are cheap and easier to control. http://www.standard.co.uk/news/uk/800000-uk-jobs-advertised-across-europe–and-foreign-jobseekers-even-get-travelling-costs-8734731.html


22 As much crime (and particularly violent crime) because foreigners and British born blacks and Asians commit a disproportionately large proportion of UK crime, for example see http://www.dailymail.co.uk/news/article-2522270/Foreign-prisoner-total-11-000.html





23.  Double standards in applying the law to the white native population and immigrants, with the white native population being  frequently treated more harshly  than blacks, Asians and white first generation immigrants. http://www.huffingtonpost.co.uk/2011/12/07/female-gang-who-attacked-woman-spared-jail_n_1133734.html

24. Female genital mutilation. http://www.theguardian.com/society/2014/apr/15/fgm-first-suspects-charged-court

25. “Honour” killings. http://www.bbc.co.uk/ethics/honourcrimes/crimesofhonour_1.shtml#h2

26. Forced marriages. http://www.bbc.co.uk/ethics/honourcrimes/crimesofhonour_1.shtml#h2

27. Widespread electoral fraud. http://www.telegraph.co.uk/news/politics/10557364/Election-watchdog-demands-action-amid-fears-of-Asian-voter-fraud.html


We would have ……

1. A very homogenous country,  as it used to be.

2. No fear of speaking our minds about race and  immigration.

3. No fear of speaking our minds about foreigners.

4. No fear of being proud of our country and Western culture generally.

5. No people being sent to prison for simply saying what they thought about race and ethnicity.

6. Much less political correctness.

7. Equality before the law in as far as that is humanly possible.

8. A stable population.

9. Plentiful housing, both rented and for purchase, at a price the ordinary working man or woman can afford.

10. Abundant  school places.

11. An NHS with much shorter waiting lists  and staffed overwhelmingly with native Britons. Those who claim that the NHS would collapse with foreign staff should ask themselves one question: if that is  the case,  how do areas of the UK with few racial or ethnic minority people manage to recruit native born Britons  to do the work?

12. A higher wage economy .

13. Far more native Britons in employment.

14. No areas of work effectively off limits to white Britons because either an area of work is controlled by foreigners or British born ethnic minorities, both of whom only employ those of their own nationality and/or ethnicity, or unscrupulous British employers who use foreigners and ethnic minorities because they are cheap and easier to control.

15. A much lower benefit bill for those of working age.

16. Substantially less crime.

17. An honest electoral system.

BBC 2 Farage versus Clegg debate  2 April 2014

Chairman  David Dimbleby

The full debate on IPlayer can be found at http://www.bbc.co.uk/iplayer/episode/b0401ht2/The_European_Union_In_or_Out/

It will only be up until 10th April so catch it while you can.  Here is what may be a permanent recording link http://www.youtube.com/watch?v=fd9rsmD4HiM

The re-match between Farage and Clegg resulted in an even more humiliating hour for Clegg than the first debate. YouGov and ICM polls taken shortly after the debate had Clegg and Farage scoring as follows:

The YouGov poll gave Farage 68%, Clegg 27% Undecided 5%

As last week, this YouGov survey for The Sun questioned just over 1,000 people who viewed the debate. We weighted the data to ensure that it was representative of Great Britain as a whole by voting intention and attitudes to the European Union, but did not weight demographically; it therefore reflected the actual audience by age (older than average), gender (more male) and social class (more middle class). It was a fresh sample: we did NOT re-interview people we questioned after last week’s debate.  

It is clear that Farage gained ground most among the very people LEAST likely to support his party or his cause:

The proportion of Labour supporters saying Farage performed better rose from 42% after the first debate to 57% after the second

Among Liberal Democrats, Farage’s figures are: first debate 20%, second debate 33%

Among people who told us ahead of the debate that they supported British membership of the EU, his figures are: first debate 30%, second debate 45%  (http://yougov.co.uk/news/2014/04/03/farage-wins-round-two/)

An ICM Poll had Farage at 69% and Clegg on 31%

These  polls compare with a 57% Farage, 36%  Clegg  7% undecided  YouGov poll result after the first debate.

This was a tremendous result under any circumstances, for, as  I wrote after the first debate, it is rare indeed for such a crushing advantage to exist in  a two-horse debating race.   In the context of Clegg’s many advantages over Farage  – the profile of being deputy PM, endless appearances   before the TV cameras, widespread  mainstream media contempt for Farage and UKIP , leading a party with sixty odd seats in the Commons and, compared to UKIP, considerable financial and organisational resources plus the experience of  a public leaders’ debate  behind him – the results of the two debates are nothing short of  astonishing.  It was nothing short of an humiliation.

Why did Clegg do even worse in this debate than the first one? Many of the media commentators are putting this down to a more aggressive attitude by him and certainly his adolescent  gibes at Farage will not have helped his cause. Here are few samples:

“He’s [Farage] one of those people who see conspiracy theories everywhere. I wouldn’t be surprised if he tells us next that there wasn’t a Moon landing, Obama isn’t American, and Elvis isn’t dead!”

“If I’m the leader of ‘the party of in’, he’s  [Farage] the leader of the party of Putin!”

The general problem with Clegg’s aggression is that it looked, as with everything about his public persona, manufactured. The hand and arm gestures were wooden and studied to the point of being ridiculous, the voice insincere and tremulous by parts. He was a very bad advert for whoever provided his media training and an even worse one from those who advised him on how to approach this debate.

Worse of all  Clegg did what Europhiles have long done, simply chant pro-EU mantras without giving any thought to justifying them or of rebutting opposing arguments with anything more than  a bald assertion that they are wrong.  This was unsurprising because Europhiles are almost invariably intellectually lazy. Instead of doing the hard graft of mastering the facts they simply take on board   dubious assertions  such as “three million British jobs are dependent on the EU” and “the EU has prevented war in Europe” which they present not as the highly questionable opinion they are but as objective fact.

While the Europhile  ideology dominates and controls public life generally and  in particular  the mainstream media, they can get away with reciting slogans which are not only debatable but  often palpably untrue.  I dare say that Clegg has gone through his entire life until these debates without ever  having to defend  in public the subject of the EU in circumstances where he had to either produce arguments in favour of the EU  which stood up to real scrutiny or find replies to the ideas of an opponent who was radically opposed to the EU. There was nowhere for Clegg to escape to. Being unused to having to think on his feet or provide reasons other than the well-worn Europhile clichés,  Clegg simply fell back on those clichés with adolescent abuse mixed in. Often he simply repeated, almost  verbatim, what he had said in the first debate,  the most blatant and extended example occurring when the subject of  an In/Out referendum arose, viz: ‘I [Clegg] believe that when the rules change, when there’s a new treaty, when powers which rightfully belong to you are being given up to the EU, it shouldn’t be for the Government to decide – it should be for you to decide…

In contrast, Farage was vastly  more impressive in his energy, verbal delivery and body language. What nervousness there was in the first debate had vanished.  There was nothing coached about his manner.  He looked and sounded like someone voicing simple truths.

On both  immigration and an In/OUT referendum  Clegg  refused to meaningfully engage with the questions. Farage produced the LibDem poster from 2008 which Nick Ferrari had introduced into the first debate.  This had Clegg promising a referendum on the Lisbon Treaty. During the first debate Clegg had claimed the poster promised  the same position he occupies now, namely, that the LibDems would support a referendum on any further Treaty which removed further substantial powers from Britain.  Farage pointed out that the poster had no such qualification of  its general promise of a referendum. Clegg waffled so blatantly at this point that Dimbleby asked him the important  unasked question  I highlighted in my account of the first debate, namely, why not have a  referendum on all that has already been passed without a referendum:, viz:  “ We last had a referendum 40 years ago. You have described everything that has happened since, the Lisbon Treaty  and all those things. Why can’t there be a referendum  on  all the things that have happened ? Why wait for even more change before you agree to a referendum, why not have one now? (Go into debate at 50 min 30 sec).  All this produced was  reiterated Clegg waffle  about waiting for a new treaty. On the face of it this is really very stupid of Clegg because he could quite easily commit the LibDems to an In/Out referendum knowing full well he would never be in a position to deliver it  because his party will never command a Commons majority. Clegg  does not do so because he is trapped by his Party’s mainlining addiction to the EU.

On immigration Farage  told the simple truth ….

‘We have no idea how many people are coming here from the European Union next year, the year after or the year after that, because unconditionally we have an open door to 485million people.

‘Immigration on this scale has changed fundamentally the communities, not just of London, but actually of every city and every market town in this country. But worst of all what it’s done socially, it has left a white working class effectively as an underclass. And that I think is a disaster for our society.

‘[Large scale immigration] is good for the rich because it is cheaper nannies and cheaper chauffeurs and cheaper gardeners.

But it is bad news for ordinary Britons. We need to have a control on immigration, on the numbers who come here and over the quality who come here.’

….while Clegg  lied and dissimulated:

 “He [Farage] claimed that 485million people were going to vacate the whole of the rest of the European continent and turn up in Britain.(This was a direct lie because Farage had already made his position quite clear in the first debate when he said correctly that 485 million had the right to come to the UK).

 “Let me just show you, this is a leaflet from UKIP. It’s a picture of a very unhappy-looking native American.

It says, “He used to ignore immigration, now he lives on a reservation.” We are not – by staying in the EU – going to be cooped up on a native American reservation. What are you going to say next? That you’re Crazy Horse or Sitting Bull?”   (Farage said that he had no knowledge of where the leaflet had come from and disowned the message).

Clegg’s dishonesty on immigration was shown vividly after Farage  quoted a Migration Watch report that immigration to the UK  over the next four to five years  would mean ,  even at its current rate, the building of a city the size of Manchester  which has a population of 500,000. Clegg said this was nonsense because the Greater Manchester area had 2.7 million. Clegg must have known that Greater Manchester is not Manchester and consequently  deliberately tried to mislead. Clegg also repeated the falsehood  from the first debate that  UKIP’s claim of  29 million Bulgars and Romanians  who could come to Britain was absurd because there are  not 29 million Bulgars and Romanians.  The 2012 census figures for both countries  show they have  is a combined population of more than 28 million. Why Farage did not thrust the census figures at Clegg is a mystery.

When Dimbleby pressed Clegg (Go into the recording at 22 min 46 sec) on the  effect of massive immigration on infrastructure such as schools and  hospitals Clegg responded hesitantly and  incoherently  with “There are always problems when you have people”.  Dimbleby was palpably  surprised and he asked Clegg what he meant.  Clegg waffled on about how there would be such problems whether or not Britain was in the EU.

Clegg was positively  shameless when Farage raised the matter of Clegg’s claim in the first debate that only 7% of  legislation going through Parliament was inspired by the EU. Farage produced a copy of the House of Commons Library note which Clegg had relied on and read out the passage which showed that that the HoC paper note was much more nuanced and undogmatic and gave estimates of its own of between 15% and 50% percent of UK law from all sources . (http://www.parliament.uk/business/publications/research/briefing-papers/RP10-62/how-much-legislation-comes-from-europe) .

Clegg tried to wriggle out of being caught  in what to any normal human being would count as a straight forward lie by referring to the 6.8% primary legislation figure quoted by the HoC note. However, as Clegg must have been well aware there is a great deal of  EU inspired law which consists of statutory instruments (the secondary legislation which provides the mechanics to implement primary legislation). Farage called a spade a spade, viz: “You are lying willingly to the British people about the extent we have given away democray”.

Inevitably Farage was taxed with his remarks about admiring Putin as an operator. However, this rather backfired because  both Dimbleby and  Clegg manifestly misrepresented Farage as being a general admirer of Putin  and Farage used the opportunity  to not only  expose that misrepresentation (which gained him the sympathy of the audience)  but to lambast Clegg as one of the cabal of career politicians who had kept Britain interminably at war:

Farage: “I don’t admire Putin, what I said was, he’d outwitted and outclassed you all over Syria. I also said I didn’t like him as a human being and I wouldn’t want to live  in Russia.’

 “You were absolutely hell bent on getting involved militarily in the war in Syria and I personally am delighted we didn’t go to war in Syria.

“This country has had enough of getting involved in endless foreign wars, there is no evidence that our intervention is making life better. I don’t want to be part of a European foreign policy.”

Farage’s strictures against the British political elite’s  warmongering got the loudest applause of the night. (Britain has de facto  been continuously at war for nearly a quarter of a century starting with the first  Gulf War).

Another strong Farage showing was on energy, viz: “The Chinese and Indians have gone for coal on a scale we can’t fathom, the US has gone for shale and we have gone for wind energy.” He  warned that the European Union’s “unilateral” approach to climate change was damaging businesses by pushing up energy bills and driving energy greedy industries such as metal smelting to the wall  and concluded that Britain should  “Scrap wind energy, scrap the subsidies, get shale”.

Farage also pointed out  that many leading politicians who were significant landowners had  benefited from the wind industry.

Clegg response was to call for more renewables to prevent e “over reliance on oil and gas from Nigel Farage’s friend Vladimir Putin”.

The final question from the audience was “What will the EU be like in ten years?”

Clegg said that he thought it would be much as it is now, which tells you how far his head is buried in the sand. In ten years three scenarios are more probable than the present status quo,  namely, a federal super state,    a free trade area or it will have simply disappeared..

Farage  foresaw a Britain outside of the EU after a referendum, hoped that other countries in the EU  would also leave  and warned against the dangers of  violence if change in the EU could not be achieved by democratic  means, pointing to support for nationalist parties such as Gold Dawn in Greece as evidence of the frustration which was building:

“We see in Madrid, we see in Athens, very large protests, tens of thousands of people, a lot of violence.

“You take away from people their ability through the ballot box to change their futures, then I am afraid they tend to resort to aggressive means.”

Clegg’s thoroughly shoddy performance did not help his case but the prime reason why  he was beaten so comprehensively was the simple  fact that he has a thoroughly bad case to argue.   It is impossible to make a sound case for being within the EU on any grounds which are acceptable to either  the British public now or which accord with what politicians from all the main Westminster Parties have claimed since Britain became part of what is now the EU.  For over forty years British mainstream politicians have repeated the sordid, treasonous lie that no real sovereignty  has been given away and that  Britain is still a fully functioning  Parliamentary democracy. The naked lie has been modified over the decades as the loss of sovereignty became ever more apparent  to the casuistry of saying Britain has not lost her sovereignty but merely pooled it with other countries. The more adventurous Europhile fantasists or liars (take your pick) say  that by joining with 27 other EU states British sovereignty has been amplified.

In addition,   the Labour, Tory and LibDem parties still  claim that Parliament is  sovereign because in principle Parliament can refuse any  legislation put before it or simply repeal any legislation relating to the EU up to and including the Act which gave  power to the Treaty of Rome, the European Communities Act of 1972. The reality is that even where the  national veto on EU law has applied it has very rarely been used – and is now very restricted because most EU decisions are made these days  by qualified majority voting – and there has been no instance in over 40 years of Parliament rejecting legislation introduced because of the EU. Practically, British sovereignty has been a dead letter since Britain joined the EEC.

The audience reaction throughout  was decidedly interesting, both because of its consistent support for Farage and for the fact that the BBC had not done their usual and packed the audience to reflect Europhile views. This could either be because a strategic decision has been made by the BBC that they will move with the political wind and allow Eurosceptic views on air  because to do anything else would be too blatantly biased as public interest in and anger about the EU grows or simply because they could not find enough unquestioning Europhiles applying to be audience members . I suspect it was the latter because not only is Europhilia growing more and more unpopular, even many of those who say they support the EU often have a considerable dislike of certain EU issues such as uncontrolled immigration and the imposition of regulations which interfere minutely both with business and the intimate details of their private lives.

The two debates told  us is this:

That the British are deeply dissatisfied with  their  political class.

That the British want an IN/OUT  referendum on the EU

That the British deeply dislike the EU as it is whether they are in favour of leaving or not

That for the British  immigration  is a prime political issue, probably  the prime political issue

That the British detest the perpetual  liberal internationalist warmongering

That Clegg is a very empty vessel indeed .

It remains to be seen whether the  British political class will respond to what the British people want . On the evidence of  the past 40 years don’t hold your breath.

LBC Nigel Farage versus Nick Clegg EU debate 26 3 2014

Chaired by Nick Ferrari

(The full debate can be viewed here http://www.lbc.co.uk/watch-lbc-leaders-debate-live—26th-march-87667)

Robert Henderson

Farage walked the debate with a YouGov poll of 1003 people giving this result:

57% Farage

36% Clegg

7% undecided

Even that figure probably understates the size of the victory because YouGov weighted the data to in practice favour Clegg by assuming UKIP supporters would be disproportionately likely to watch or listen to the debate:

1,003 completed this survey between 8.00 and 8.10. We weighted the raw data to (a) the voting intentions in our latest regular daily poll for the Sun (Lab 37%, Con 35%. UKIP 11%, Lib Dem 9%) and (b) to our most recent data on whether the UK should remain in the European Union.

An alternative approach would have been NOT to have corrected the political skew among our original 3,000 sample. The argument for doing this is that any assessment of audience reaction should take the audience as it is – in this case, accepting that UKIP supporters were much more likely to watch or listen to the debate than supporters of other parties. Had we done this, I estimate that the verdict of the audience would have been Farage 65%, Clegg 28%. Those who prefer to cite this figure, rather than to adjust for the UKIP-rich nature of the audience, are of course free to do so. ( http://yougov.co.uk/news/2014/03/27/farage-wins-debate-clegg/)

It was also telling that many of those who were not UKIP supporters thought Farage had won, viz:

Not surprisingly, almost all UKIP supporters preferred Farage. But he was also considered the winner by: 

  • 69% of Conservative supporters
  • 42% of Labour supporters
  • 20% of Liberal Democrats
  • 30% of those who said before the debate they would vote to keep the UK in the EU  (Ibid)


It is rare in a two man debate on any subject for a win to be so crushing and that is doubly so when politicians with  such polarised views are put up for the judgement of the public.

Why was the result so emphatic? Well, negative messages are always a very  hard sell. Clegg’s   position was one of fear and mistrust of Britain and Farage’s one of confidence in his country.  Clegg was selling the message “Britain isn’t up to looking after itself”, Farage the message  “ Britain could and should be independent and sovereign”.    While Farage was saying things such as “Surely the benefit system is for the citizens of this country” , The Anglo-Saxon rule of law”  and “The best people to govern Britain are the British”, Clegg  was tedious ly  intoning  “We get more power rather than less by being part of an economic superpower “ and  talking about the ill effects of “pulling up the drawbridge “ to exclude immigrants. (Clegg spent a great deal of time worrying about  drawbridges being pulled up).

Farage also displayed much more energy in his delivery than Clegg,   who as ever sounded like a prefect ineptly playing the role of a weary adult before  a school debating society. He was  deeply irritating for that reason alone, but his whole persona seemed manufactured, from  the deeply wooden arm gestures he makes  to the studied use of questioners’ names.    Farage  was perhaps  too shouty at times and  weak in his responses to some important questions, such as failing to explain how UKIP’s claim that  75% of British laws are being made in Brussels was calculated. But he  had one massive advantage over Clegg: he was able to tell the truth all the time or at the least not tell deliberate lies.  Farage at least seemed like a real human being, with unmanufactured  body language,  and if he allowed his ill-temper to intrude, judged by  polls such as the YouGov one,  it must have seemed like justified irritation with the British political class as represented by Clegg  to the majority of those watching and listening.

Clegg’s wilful dishonesty is perhaps best exemplified when the subject of immigration from the EU came up. Clegg referred to a recent UKIP pamphlet which claimed that Farage had claimed that “29 million Romanians and Bulgarians” were coming to Britain. This was untrue said Clegg because “They’re aren’t even 29 million Romanians and Bulgarians in Romania and Bulgaria”.  Apart from  not being what UKIP had said  – the party had simply pointed out that 29 million would have the right to come to Britain -  as of 2012 Bulgaria had a population of 21.33 million and Bulgaria 7.305 million, 29 million bar a few hundred thousand.( https://www.google.co.uk/#q=population+of+roumania). Not that it would have mattered in they were a million or two short of 29 million. The point at issue was the existence of millions of people from countries with living standards a fraction of those in Britain who were now entitled to come here.

Unlike Clegg , even when he was making a bit of a mess of things Farage  attempted to answer questions directly even when they raised real difficulties for him.  For example,  a question from the audience raised the subject of  the trustworthiness of politicians and  cited the LibDems’  broken promise over tuition fees and Farage’s employment of his wife as a paid helper as examples of things which destroyed trust.  Clegg failed to explain why the Lib Dems had broken their promise and just waffled about the importance of  trust,  while Farage answered the question directly  by saying the responsibilities of leading the party meant that he  needed someone on tap at home to help him. He also denied that he had ever said publicly that he would not employ his wife.   On another occasion the subject of UKIP’s opposition to gay marriage came up and Farage again dealt with a  potentially very tricky question by simply saying that UKIP would review the situation if the threat of European judges imposing  gay marriage on religions was removed.

Farage was generally  very forthright  and nowhere was this shown to better effect than when he attacked the  EU’s interference in the Ukraine’s dispute with Russia.  This naturally caused  a tempest of  politically correct huffing and puffing after the debate and clearly appalled Clegg. Such forthrightness will  have appealed to most of the general public who are sick of politicians presenting weasel words to them.

Clegg  shamelessly trotted  out the tired old discredited Europhile mantras because any Europhile true believer really has nowhere else to go. These included

-          3 million  British jobs are at risk if Britain leaves the EU  (After Ferrari had intervened to say there are  questions marks over the research on which the claim was based,  Clegg tempered his bald statement by saying  it would not be three million but it might be  two million, one million, 500,000 and so on ).

-          Immigrants are a boon to Britain and pay more in taxes than they receive in benefits (Farage pointed out that Migration Watch recently demolished this argument http://www.migrationwatchuk.co.uk/press-release/380)

-          Britain needed to be in the EU to get the best trade deals (Farage pointed out the Iceland had recently negotiated a lucrative trade deal with China)

-          The European arrest warrant is allowing Britain to  extradite murderers, terrorists and paedophiles  (Farage pointed out that it was a grotesque breach in the protections for the individual provided by  British law )

-          One and a half million Britons live and work in other EU countries and if Britain does not have freedom of movement within the EU then those one and half million  Briton  will be put in jeopardy.  (Farage missed a trick here. Apart from the fact that forced expulsion of EU foreigners  from Britain or Britons from other EU countries is wildly improbable, he should have pointed out that the British  living in other EU countries are  likely to either be someone doing a skilled job or be retired with money, while the EU foreigner  in Britain is likely to be doing a low skilled or unskilled job. Hence, if it did come to a forced exchange of Britons abroad for EU foreigners in Britain,   Britain would be the material  gainers. )

The Lib Dem leader also had a new statistic to play with, namely, that only 7% of British laws come from Brussels (patently  absurd because the massive range of supranational competence the EU now has).  Clegg said the source was the Commons Library and did not qualify in any way his claim by, for example, by saying it was difficult to quantify and only a broad range could be offered.   The 7% turns out to be false.  This position is much more complicated. Here  is what the 2010 HoC research paper entitled How much legislation comes from  Europe says:

“EU regulations, unlike directives, are not usually transposed into legislation at national level, but rather into quasi-legislative measures, administrative rules, regulations or procedures etc which do not pass through a national parliamentary process. How, then, can one be worked out as a proportion of the other? The term ‘national obligation’ might be more appropriate, but is it possible to identify the sum of national obligations arising from EU laws? Increasing use of regulations, particularly Commission regulations, “decouples national transposition procedures” (Christensen), thereby increasing the unquantifiable element of EU activity. All measurements have their problems. To exclude EU regulations from the calculation is likely to be an under-estimation of the proportion of EU-based national laws, while to include all EU regulations in the calculation is probably an over-estimation. The answer in numerical terms lies somewhere in between the two approaches, and it is possible to justify any measure between 15% and 50% or thereabouts. Other EU ‘soft law’ measures under the Open Method of Coordination are difficult to quantify as they often take the form of objectives and common targets. Analyses rarely look into EU soft law, the role of EU standard setting or self-regulatory measures.”


“In the UK data suggest that from 1997 to 2009 6.8% of primary legislation (Statutes) and  14.1% of secondary legislation (Statutory Instruments) had a role in implementing EU  obligations, although the degree of involvement varied from passing reference to explicit  implementation. Estimates of the proportion of national laws based on EU laws in other  EU Member States vary widely, ranging from around 6% to 84%. (file:///C:/Users/robnefrt/Downloads/RP10-62%20(2).pdf)

You can take your choice between Clegg shamelessly  lying or Clegg being stitched up by researchers who supplied him with false information.

In this context, it is very  important to understand what  Statutory  Instruments  (SIs) are. They provide the mechanism by which primary legislation is implemented. Frequently, SIs will expand the remit of primary legislation  beyond what is envisaged by those drafting the primary legislation and the politicians who vote for it. The “gold plating “ of EU directives is largely accomplished through SIs. Consequently, to concentrate on primary legislation stemming from Brussels is grossly misleading. The fact that SIs relating to EU derived primary legislation are not routinely   scrutinised by Parliament makes the opportunity for greatly expanding the powers of the primary legislation. It is worth describing  the Treaty obligations which place horrendous limitations on British sovereignty:

1 Types of EU legislative acts

There are three types of EU legislative acts. Under Article 288 of the Treaty on the Functioning of the European Union (TFEU):

A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.

A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form  and methods.

A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.

Opinions and Recommendations have no binding force.

EU Legislation  Standard  Note SN/IA/5419   http://www.parliament.uk/briefing-papers/SN05419.pdf

On the question of a referendum on the EU, Clegg squirmed as he tried to represent the LibDems as  having a consistent position from the time when he promised a referendum on the Lisbon Treaty  in 2008 until now.  There was an element of farce about the way the discussion began when Clegg answered  a question  (go into recording at 8 minutes 33 secs) from Ferrari about a Lib Dem poster  of 2008 which seemingly promised an unqualified  referendum by saying that people could not read the small print. Clegg actually meant that they literally could not read the small print of the poster Ferrari was holding up to the audience and cameras,  only the headline.  There was a ghastly serendipity about this,  because whatever Clegg meant  he then made very  clear there was indeed small print surrounding any LibDem promise of a referendum.  Clegg said  that in 2008 his position was exactly the same as it is now,  namely, a referendum should be held if there were substantial powers taken away by further treaties.

Farage picked Clegg up on this very strongly, pointing out that if only powers taken away by Treaty would trigger a referendum, this might well be a dead letter because  there was a strong possibility that new treaties would not be forthcoming  (this could well be the case because so much is decided by Qualified Majority Voting now) and that in any case there is a constant drip drip drip of new EU legislation which whittles away sovereignty, some of it substantial such the expansion of the EU’s foreign policy and the EU’s attempt to control the City of London. Clegg had no real answer to this.

Frarage should have asked Clegg to  explain why the British people could not be asked (in an IN/Out referendum) about all the powers which had been taken away without any referendum over the past forty years. Sadly the question went unasked.

It has to be admitted that Farage was weak in answering some  questions on statistical detail. The two worst instances were the proportion of British laws which originate from Brussels – when asked where the 75% UKIP figure came from Farage feebly said it was their own calculation with out explaining how they had reached it – and  on the cost of the EU to Britain and.  Ferrari asked Farage to justify the £55 million a day cost in a UKIP pamphlet.  Farage fumbled his reply by failing to make clear immediately that it was the gross amount  paid and taking too long to explain that even though it was the gross amount what money Britain received back had to be spent as the EU determined . However, I would doubt whether such statistical lacunae would register significantly with the general public, who will have largely switched of their minds when politicians start hurling stats at them.

After the debate the  politically correct media and politicians flapped around after the thumping poll win for  Farage claiming variously  the result was unimportant  (absurd), it was score draw, (http://blogs.spectator.co.uk/coffeehouse/2014/03/the-room-spun/) or that in reality Clegg had won (utterly fantastic).   This might have been expected from the likes of the Guardian and Mirror, but the supposedly Eurosceptic   Daily Telegraph also had a full hand of regular commentators – Mary Riddell,  Dan Hodges, Tim Stanley,  Toby Young – who all , with varying degrees of enthusiasm, stated that Clegg had come out ahead  (http://www.telegraph.co.uk/news/uknews/10725571/Verdict-who-won-in-the-Clegg-v-Farage-debate.html). The widespread  dismissal of  the YouGov poll by the mainstream media and politicians encapsulated the inherently anti-democratic mentality of those with power and influence in Britain.

The debate  was not deeply penetrating nor did it address all the important EU  issues adequately, for example,  the loss of democracy resulting from the UK’s EU membership  was barely touched upon.  Nor was it clear why the subject of gay marriage was raised within a debate on the EU unless it was simply to try to embarrass Farage and UKIP.  No matter. The value of the debate lay in giving the British public an opportunity to express their feelings through polls such as the YouGov one cited above  and  its naked demonstration, in the form of  Clegg,  of the chasm between the l public and the British elite.  Most of the British public display the natural human instinct of wanting their own national interests to be protected by their own people; the British elite wish to either submerge Britain into a united states of Europe or labour under the pathetic  delusion that the imperial tendencies of the  EU can be restrained from within.  Faced with a choice between Farage and Clegg it was no contest; they plumped for someone who shared their natural instincts.




Bruges Group International Conference 9 11 2013

Which Way Out?


Prof. Tim Congdon  (Economist)

Prof. Ivar Raig (Tallinn University)

Prof. Roland Vaubel (Mannheim University)

Ian Milne (Banker and Industrialist)

Prof. Patrick Minford (Prof of Economics Cardiff Business School)

Christopher Booker (Telegraph journalist)

Dr Richard North (Long time EU campaigner)

Mary Ellen Syon (Irish Daily Mail Journalist)

Kieran Bailey (15-year-old who is shortlisted for the Brexit prize)

This conference is important because it brought together some of the people who are likely to be part of the public face of the OUT campaign if and when a referendum is held on Britain’s future in the EU.  Frankly, it was not encouraging,  both because there was great deal of conflict between the views of this supposed panel of Eurosceptics and  many of the proposals had a Utopian ring for they did not take into account the likelihood or otherwise of their plans being put into operation.

Prof. Tim Congdon

Congdon was the most forthright of the speakers. He wants Britain out of the UK full stop: no Lisbon Treaty Article 50 exit,  just the Westminster Parliament repealing the Act which binds Britain  into the EU. His main reason for taking this stance was that to commit to the use of  Article 50 would mean accepting its legitimacy. That has its dangers because if its legitimacy is accepted before  Britain activated the Article , the EU might extend the maximum two year waiting period the Article stipulates  before a member state can leave to a much longer time.  As this would require a Treaty change over which any member state would have a  veto I think this is not a realistic threat provided a referendum is held soon.

Nonetheless, Congdon’s instincts are right,  for to tie us into a two year waiting period would allow the EU to create a good deal of mischief. Using the Article 50  route would also provide an escape route for our Europhile political elite because they could argue that b ecayuse of the Article the best deal they could get was one which left us still within the coils of the EU, for example, a similar  relationship with the EU to that of Norway or Switzerland, both of whom are signed up to the so-called four EU freedoms: the freedom of unrestricted movement within the European Economic Area (EEA) of capital, services, capital and labour.

Congdon was just as unequivocal on the claims that Britain would lose greatly if she  left. He pointed out that the vast majority of UN member states were not EU members but were able to trade successfully both generally and with the EU, and cited various examples of countries, some small,  outside the EU which had made treaties with much larger nation states  such as the USA and China.  Congdon also made  much of the EU’s declining share of world trade, which is only around 12% now and is set to decline further.

As for Britain needing a plan as to what exactly she would do after leaving the EU before leaving, Congdon said this was completely unnecessary and cited the fact that some  65 independent  countries today had gained their independence  from Britain without having such a plan.

I agree wholeheartedly with Congdon’s  overall strategy,   but there is a presentational problem with the man. This is the first time I have heard him speaking in person. I was astounded by the eccentricity of his delivery.  He would be speaking normally when suddenly he would explode into what I can only describe as an hysterical rant. This he must have done at least half a dozen times in his twenty minutes or so of speaking. As he is very likely to figure in any OUT campaign this is worrying. It is odds on he will not go down well with the general public, because eccentricity of any sort, even that which has some charm,  will alienate as well as attract and frankly this  was not an engaging eccentricity.

Congdon was also caught out by a questioner from the audience. He had cited the recent Canada-EU trade treaty as evidence of what could be done by Britain once she is outside the EU.  A questioner asked him for details of the treaty. Congdon had to admit he did not know what they are. That is just plain sloppy. If you are going to cite something as evidence common-sense tells you to mug up the facts  because as sure as eggs are eggs you will be challenged on the evidence.

Prof. Roland Vaubel

Vauble detailed the vested interest of  the various  instruments of the EU – Commission, Parliament, Court of Justice.  In every case centralisation of EU powers increased their power. Hence, he saw no likelihood of any repatriation of substantial powers unless Article 50  is activated.

As for the process of leaving, Vauble took a legalistic approach. He  maintained that the activation of Article 50   was the only way Britain could leave the EU because he considered the acceptance of the Lisbon Treaty by Gordon Brown made any other exit  illegal.    The answer to that is simple: treaties signed by a government which cannot be repudiated by a future government are utterly undemocratic.

Assuming Britain activated Article 50, Vauble said that the EU elite would give nothing much  to Britain over the two years and the odds were that at the end of two years no agreement would have been reached and Britain would simply exit the EU without any agreement.  Because of this Vauble claimed that Britain had to have a strategy for what was to happen after Britain left without a Treaty. Vauble’s solution was for Britain to make alliances with other EU members, especially the smaller ones.  His overall message was that Britain could not survive on her own.  Vauble further envisaged that a Britain which had left the EU and had some form of alliance with other states, both within and without the EU, could act as a lever to change the centralising tendencies of the EU.  He seemed much  more interested in using Britain as a tool for other states’ ends than suggesting  the best strategy for Britain.

Prof. Ivar Raig

Even making considerable allowances  for the fact that English was not his first language, Raig was an awful speaker, mixing incoherent passages with statements of appalling banality , all delivered in what I can only describe as a prolong yell.

Out of the incoherence came a desire for Britain to wrap itself in another  supra-national bloc, in this case one based on North America, Germany, Scandinavia and other Northern European states. This he grandiosely labelled the New Atlantic Project. Like Vauble he believed Britain would not be able to go it alone.

Ian Milne

Milne was in  favour of using Article 50, although he was less committed to it under all circumstances than Raig and Vaubel.. For Milne activating the Article was more a question of showing willing to preserve legal form than a commitment to observe it.  If the EU showed they were going to be obstructive after  Britain activated the Article, then he was happy for Britain to simply leave by making a unilateral declaration.

He was far from pessimistic about Britain being able to negotiate a reasonable settlement with the EU, not least because of the disruption of EU’s  trade with Britain if there was any serious delay.  Milne emphasised how advantageous the EU’s trade with Britain is to the EU , both because of the large trade deficit Britain runs every year with the EU and the supply of goods to EU businesses such as the German car industry.  He also pointed out the rest of the world would not take kindly to uncertainty because they also had an interest in Britain and the EU resolving their differences.

The most useful part of his speech was his detailed plan for how the exit should be administratively planned. He wanted a Ministry for EU Transitional Arrangements (META) set up to manage the business. He took his inspiration from large projects such as the Olympics and Crossrail.

There are contentious points in the detail of his ideas, not least his rather too trusting belief in the efficiency of private industry compared with public service. But his basic idea of a ministry devoted solely to the administrative, economic, legal and political issues arising from our departure is sound because it will be a complicated business.

The problem with his plan is that it is difficult to envisage any conceivable British government implementing it,  not least because for a government to develop such a detailed plan would be to hamstring both the government of the day and any future government.

Prof. Patrick Minford

A decent speaker but completely out of touch with reality because he is in thrall to the laissez faire quasi-religion. A clear example of a man being captured by one of Richard Dawkins’ memes, in this case by a very harmful one. The problem with Minford is that he has spent his entire working life in either public service or academia. This allows him to maintain his fantasy of  perfect markets with perfect information without the evidence of real life intruding.

Minford wants out of the EU because he has the fashionable but untrue idea that the British are in favour of free markets and free trade while the other EU members are locked in a socialist mindset.  Towards the end of his offering he made the comment that the British had always been free traders including during the Industrial Revolution.  This was a truly incredible statement because the British Industrial Revolution occurred whilst  Britain operated arguably the most successful protection system ever seen through the Navigation Acts and the Old Colonial System. That  tells you Minford either has a very tenuous grasp of economic history or is willing to deliberately fabricate to maintain the plausibility of his ideology.  He might also ask himself how unions became so powerful in Britain  if support for free markets and free trade is so heavily stitched in British minds.

From this misreading of both British history and indeed  her current realities,  Minford  built his case for leaving the EU.  He wants Britain to depart  because he views the EU as a protectionist syndicate which prevents Britain from following her supposedly free market ways.

Having laid out his general scheme of objections to the EU he wandered into the ground of employment and extolled Britain as a far superior job creator than most of the EU whose unemployment was much higher. This difference he attributed to Britain’s free market instincts.  From there he moved to the question of immigration and blithely told the audience that immigrants do not take jobs from Britons. He produced what he fondly imagined to be a knock down argument by trotting out the crude classical economic argument about how Britons would find jobs if only they would accept lower wages (which would be facilitated by less welfare provision)  or were better qualified.   This caused a good deal of anger amongst the audience with quite a few calling out.

When questions were taken I managed to get myself called. I told the meeting that on the question of immigration and jobs I had special knowledge from my time as an Inland Revenue investigator. I proceeded  to detail some of  the ways that huge numbers of jobs never came onto the open British market because of foreign gangmasters employing only their own nationals, ethnic minority employers employing only their own people, foreign companies bringing in their own nationals and the recruitment of foreigners for jobs by not only British companies but British public service employers.  I further pointed out that around 5 million people who were counted as being in work in Britain were not meaningfully employed because they had to draw benefits to provide a living wage. If this 5 million is added to the 2.5 million officially unemployed, the real rate of unemployment in Britain is running at over 20% (the official unemployment rate using the Labour Survey count  stood  at 7.7% for 2.49 million unemployed in October 2013).  That is not so very different from much of the Eurozone.

Having done that,  I  attacked the idea that Britons were wedded to the idea free market economics, pointing out the evidence against this belief such as I have already mentioned, and ended by asking from where exactly Minford got his fantasy view of Britain and the British. All of this was very warmly greeted by the audience and many came up to afterwards to express agreement.

What was Minford’s response? It was feeble to the point of embarrassment. He just kept on repeating various forms of “You are wrong” with  absolutely no attempt to address the detailed objections I had raised to his words.

On the plus side he did reject the “Norwegian Option” on the grounds that it would not only tie us into the single market legislation but force acceptance of the four so-called EU freedoms, namely, the free movement of goods, services, capital and labour within the European Economic Area.

Minford was also on the right track when he pointed out the quite small part of the British economy which is devoted to exports (he put it at 10%).  He was also generally confident of Britain’s ability to be successful outside of the EU.

Christopher Booker

Booker is a promoter of the use of Article 50 as the only means by which the EU could be forced to open negotiations.  That begs the questions of what negotiations would result with the Europhile  British political elite bargaining for Britain and the probable response of the EU if Britain simply announced it was leaving.

The answer to the former question is that the Europhile politicians  who would be leading the British side of the negotiations would try to tie Britain firmly back into the EU. If Britain simply repudiated the European Acts which have led to  her entanglement in the EU by repealing them that would make it much more difficult for the British political elite to tie us back into the EU. This is  because Britain would immediately start operating in a post-EU world and British politicians would have to adapt to that reality whether they liked it or not.

As for the response of the EU elites, they would be unlikely to do much by way of creating heavy protectionist barriers against Britain both because of their healthy trade surplus with Britain and the many economic links between Britain and the rest of the EU and because of  the World Trade Organisation’s regulatory framework which binds its members to pretty tight restrictions on protectionist barriers.  It is also human nature to be more respectful to those who adopt strong dominant action than to those who display weak cringing behaviour such as has been the norm for British politicians dealing with the EU for over twenty years.

If leaving the EU means we cease to be covered by the many treaties signed by the EU which currently apply to  Britain (Booker said there are around 700), so  much the better for that would force a re-evaluation of the ones we wished of which to continue to be members.  It is wildly improbable that Britain would be denied independent membership of any it chose to sign up.

Booker is also a supporter of the “Norwegian Option”.  Hence, much of what he says about wanting Britain to be free of the EU grasping hands is pointless at best and dishonest at worst because the Norwegian Option” would still leave Britain within the coils of the EU.

Mary Ellen Synon

By far the most interesting speaker because she was the most realistic. Synon has worked in Brussels for many years and she is under no illusions about the corrupt and self-serving and above all ideological nature of the EU. Synon  said there are instructions to Eurocrats about the language they use in public. They never say people always citizen as in “a citizen of the EU” The word country is used as little as possible and if a Eurocrat is talking about his own country he or she will says “the country I know best” not “my country”. She was generally scathing about  British and other EU politicians.

According to Synon said the 2017 date for a proposed referendum was  chosen because Britain will take the six-month rotating presidency of the EU Council of Ministers in the second half of 2017. This would give Cameron (or anyone else who is PM) and various cabinet members a great deal of opportunity to bring EU summits to Britain and to posture regularly in front of the cameras.

Synon is sceptical about a referendum being held even if Cameron is PM after the next election. She thinks he will try to wriggle out of it as he wriggled out of the promised referendum on the Lisbon Treaty.  I think is  unlikely because the situation will be rather different to what it was with the Lisbon treaty.  The latter  was accepted by a British Government before Cameron came to power. In this case he would be remaining in power. In addition, Cameron has nailed his colours very firmly to the referendum mast.  It would be immensely difficult for him to renege on his promises because he would have no one else to blame but himself if the promise was broken.

But even if  there is a referendum and it is won  by a large majority,  Synon thinks that the EU will do what they have done with other referendum reverses such as the Irish rejection of the Lisbon Treaty first time round. They will try to engineer another referendum. In the Irish case they did this despite a healthy vote against ( 53.4 percent against, 46.6 percent in favour) in the original referendum.

The tactic was dependent on the existence of willing collaborators in the Irish government. Synon had  no doubt that a Cameron government would find such collaborators, not least because questioned by the Spanish newspaper La Pais in April 2013.  Cameron was asked whether, in the event of a vote to leave the EU this question: “Would you be willing to leave the Union?”  He replied  “I would not”. (Synon described Cameron as collaborator).

Using the Irish example as a template, Synon then outlined in gory detail what were likely to be Cameron’s tactics if a vote to leave occurred .  The government would not accept the vote. There would be a questioning of whether the electorate had understood what they were voting for. This would be followed by the commissioning of  an opinion poll  designed to  either reject the result of the referendum outright or provide a pretext to hold another referendum  on the grounds that the electorate had not understood what the first referendum really meant.

In Ireland another referendum had to be held because the constitution required it. In Britain there is  no such requirement.  The British government could simply ignore the referendum result unless Parliamentary action forced either another referendum or the respecting of the vote of the referendum which had been held that  returned a vote to leave the EU.

Synon’s full notes for her speech can be found here http://www.eureferendum.com/blogview.aspx?blogno=84482

Dr Richard North

North began his speech by saying no referendum could be held in  2017 because David Cameron has committed himself to “substantial re-writing” of the Treaties before referendum.  This  he claimed would  require an Inter-Governmental Convention (IGC) which would take several years to convene, agree changes and have the changes ratified by the various member states, some of whom would have a constitutional  requirement to put the matter to a vote. In principle, Britain would be one of them because of the  referendum lock” provisions in  the European Union Act of 2011. This requires any substantial change to the EU treaties to be put to the British electorate. In addition, the 2015 European Parliament elections would mean that before any IGC could be called the newly elected Parliament would have to approve a new Commission, a process which North believes would take until the end of 2015. (http://www.eureferendum.com/blogview.aspx?blogno=84483)

The obvious objection to that is the fact that the EU has shown itself willing to disregard legal niceties when it suits them. Moreover, it all depends on what “substantial re-writing” would mean. It could be that Cameron (if it is he doping the renegotiation) will simply be tossed a few insignificant bones which the EU elite can claim can be managed within the present treaties. Alternatively, the British government might simply say this is the fruit that  our negotiations have born and they will be incorporated into EU law in due course if the vote is to accept them and stay in the EU. It should be remembered that the Wilson renegotiation which led to the 1975 referendum were put to the British electorate without  a Treaty change.

The interesting part of  North’s speech dealt with the  amount of law  coming from Brussels which is in reality merely Brussels rubber-stamping decisions made by  other supranational bodies. (North claimed that it was most of the EU regulations we toil under).   This law is  called Dual International Quasi Legislation. It derives from what North describes the   EU as having become, namely,  “part of a nexus of legislative bodies, linking international agencies of the United Nations with regional, national and local bodies, to form one continuous, seam-free administrative machine.” (http://eureferendum.blogspot.co.uk/2007/03/sucess-of-eu.html)

The rather shadowy  bodies  which make such laws  are  the likes of the Codex Alimentarius Commission, (http://www.codexalimentarius.org/) which sets standards for  the Food and Agriculture Organisation and the World Health Organisation, the Intergovernmental Panel on Climate Change  (http://www.ipcc.ch/)  and the Bank for International Settlements (http://www.bis.org/about/index.htm).  The rules agreed by such bodies  go through the  EU  legalising process on what is known as the “A List” without a vote.

Although the process may be rubber-stamping,  it is worth noting that the EU is not legally bound to accept such agreements. However, it suits the EU elites’ purposes to do so because it fits with their anti-democratic supranational agenda for it restricts who makes the decisions to an even smaller group  than would be the case if the EU instigated the regulations.

North is in favour of using Article 50 as an exit vehicle. He gives no sign of appreciating the potential damage which two years of prevarication by the EU could do or the opportunities for active collusion with the EU elite  by the British elite to trap  Britain  once more within the tentacles of the EU.

His idea of using the “Norwegian Option” as a staging post to full independence is wishful thinking,  because once a new settlement is reached it is highly improbable that a further referendum would be held for many years if at all, not least because the “Norwegian Option” would tie us into the four so-called EU freedoms and the  general single-market obligations.

Kieran Bailey

He spoke confidently but,  unsurprisingly for a 15-year-old, said nothing of obvious importance. His appearance smacked too much of gimmickry.

An unasked question

Had I had the opportunity I would  have posed a question which went unasked, namely, what should be done to tie down Cameron (or any other PM) to what will happen if there is a vote to leave the EU? We need to know before the IN/OUT referendum what the British government is committed to.

What should be done?

If a referendum is to be won the OUT camp must put forward a coherent and attractive message which goes to the heart of British people’s fears and anger resulting from British membership of the EU.  Talking legalistically about invoking Article 50, negotiating for a relationship similar to that of Norway or Switzerland  or mechanically reciting mantras about free markets and free trade will not do that. Indeed, it will drive voters away.

The British resent and distrust the EU because of the impotence of the British government and legislature to prevent EU law taking precedence over the will of Parliament. However, they are often unclear about which areas of policy have been subcontracted to Brussels. The OUT campaign must keep hammering home exactly how much cannot be done while Britain is entrenched within the EU.

The most important EU issue in British minds is indubitably  immigration. That should be made the focus of the OUT campaign. Indeed, the more it becomes an anti-immigration campaign the better because mass immigration affects from the entirety of life. The primary ill is simply the fact that huge numbers of foreigners coming into Britain change the nature of Britain both generally – think of the laws against speaking freely and those imposing “non-discrimination” dictats  on the grounds of race and ethnicity – and particularly, for example, here parts of the country are effectively colonised by those of a certain ethnicity or race.

Then there are the secondary ills which immigrants bring: the undercutting of wages, the removal of jobs from the open British market by ethnic minority employers who either employ only those of their ethnicity  and   foreign gangmasters who supply only those of their own nationality, the use of the NHS, the taking  of housing (especially social housing) which forces up rents, the overcrowding of schools in areas of heavy immigrant settlement, the drawing of benefits  by immigrants very soon are they arrive in Britain  and  a disproportionate propensity for crime.

A full throated campaign against these ills, which should encompass non-EEA citizens in Britain as well as EEA citizens, would be something the British electorate would instinctively and enthusiastically   respond to.  It would also allow those speaking for the OUT campaign to vividly illustrate the extent that the EU affects British life in all the important political policy areas.

The danger is that those running the OUT campaign  will, because of the grip that political correctness has on modern Britain, turn away from immigration as a major plank in their platform or  even shun it altogether.  That will guarantee either a lost referendum or allow  Britain to be re-stitched into the EU with something like the “Norwegian Option”.

Would a libertarian society deprive individuals of cultural roots and collective identity?

Robert Henderson

There are many rooms in the libertarian  ideological house.  That fact often derails rational discussion of libertarian issues, but it need not be a problem in this instance because the question being asked is most  efficiently  examined   by testing  it against  the flintiest wing of libertarian thought.   If  that pristine, uncompromising  form of libertarianism is incompatible with the maintenance of cultural roots and collective identity, then  all other shades of libertarianism will be incompatible to some degree.

The pristine libertarian has no truck with  any form of government, believing that  personal relations  between individuals  will adequately order society no matter how large or complex the society,  and that such ordering will arise naturally if  only the artificially constraints on human behaviour such as governments and laws are removed.   Such a society  would supposedly  work along these lines.    If the society is threatened by an invader,  individuals will join together to defend it out of a sense of self-preservation.  To   those who cannot work for reasons of sickness, injury, age or innate infirmity,  compassion and a sense of duty will ensure that private charity is  extended  to relieve the need. If  public works such as roads and railways are required, self-interest and reason will drive individuals to join to together to build them.   Matters such as education may be safely  left to parents and such charitable provision as arises.   Above all the individual is king and personal choice is only circumscribed if a choice involves the imposition of one individual’s will on another.   You get the idea.  The consequence is a vision of a society not  a million miles away from  Rightist  forms of anarchism.

This concentration on the individual makes for a fissile society. If each person  is to follow his or her  own way  without any requirement to believe anything other than to respect the conditions necessary to realise libertarian ends , that in itself  would definitely weaken  collective identity and probably affect cultural unity.  Nonetheless in a truly homogeneous society, especially if it was small, the probability is that cultural weakening would not be great and the absence of a conscious collective identity would not present a difficulty provided the society was not subject to a serious threat from outside.

Serious problems  for the pristine libertarian  arise if the society is heterogeneous,  because  then there is a loss of collective unity. If the heterogeneity comes from class,  the cultural roots may  be largely untouched or at least develop in a way  which ensures that there is still much cultural  uniformity  and that uniformity is clearly an extension of  past cultural traits. It is also true that in a racially and ethnically homogeneous society, a sense of collective unity will be easily rekindled if the society comes under external threat.

The most difficult society for libertarians to deal with is one which is ethnically divided, especially if the ethnic divide includes racial difference. There a society becomes not so much a society but a series of competing racial and ethnic enclaves.   In such a situation,  it is inevitable that both  cultural unity and collective identity is undermined because there is no  shared general cultural experience and this plus racial difference makes a collective identity not merely impossible but absurd even in concept.

The brings us to the most obvious threat presented by pristine  libertarians to the maintenance of cultural roots and collective identity. That  is the idea that national boundaries  should be irrelevant with people travelling and settling wherever they choose.  This presumes human beings are essentially interchangeable and in this respect it echoes  multiculturalism.  The consequence of such a belief is to greatly increase the heterogeneity of a society through the mass immigration of those who are radically different from the native population.  We do not need to guess what the result of such immigration is because it  has happened throughout the western world in our own time. More specifically, it has happened in those  countries whose populations which are most naturally sympathetic  to libertarian ideas: those which may broadly be described as Anglo-Saxon; countries such as Britain, the USA and what used to be known as  the old white dominions.

The influx of millions of people who  see themselves as separate from the native populations of the countries to which they had migrated has resulted in the Anglo-Saxon states gradually destroying their tradition of freedom. Driven by a mixture of liberal internationalist ideology and fear, their  elites have severely restricted by laws and their control of the media  and public institutions  what may be said publicly about immigration and its consequences.  In Britain it is now possible to be brought to court simply for saying to someone from an ethnic minority “go home”, while any allegation of racist behaviour  – which may be no more than failing to invite someone from an ethnic minority  to an office party – against a public servant will result at best in a long inquiry and at worst with dismissal.  Nor, in practice, is application of the law or the  witch-hunts  directed equally against everyone for it is overwhelmingly native Britons who are targeted.

At the same time as native Britons are being silenced and intimidated, an incessant tide of pro-immigrant and multiculturalist  propaganda is pumped out by government, the public organisations they control such as the civil service and state schools and the mass media , which is overwhelmingly signed up to the liberal internationalist way of thinking.  The teaching of history has been made a non-compulsory subject in British schools after the age of 14 and such history as  is taught  is next to worthless in promoting a sense of collective unity,  both because it fails to give any chronological context to what is put before the pupils  because it concentrates on “themes”  rather than periods and because the amount of British history that is contained within  the syllabus is tiny, often consisting of the Tudors and little else.  The consequence is that the young of the native British population are left with both a sense that their own culture is in some strange way to be valued less than that of the various immigrant groups and the lack of any knowledge about their country’s past.

The most  and sinister  consequence of  post-war immigration and the British elite’s response to it  is the development within Britain of  a substantial number of Muslims who not only do not have any sense of belonging to the broader society in which they live, but who are actively hostile to  Britain and its values.  But if this is the most dramatic example of the fracturing  of British society, it is merely symptomatic of the separatist attitude of  ethnic minorities in Britain generally, especially those from radically alien cultures allied to racial difference.

All of these developments are antithetical to pristine  libertarian ideals,  both because they  undermine  shared values and because they  result in actions to control friction between competing racial and ethnic groups which in themselves undermine the conditions in which libertarian ideals  flourish.  That libertarians so often subscribe to the ideal of open borders despite the overwhelming evidence of  its counter-productive effects for libertarian ends is indicative of the blinkered nature of much libertarian thinking.

The fundamental weakness of pristine  libertarianism is its complete  failure to take  account of  human psychology  and the way humans behave as groups.  This is unsurprising  because of the central position given to the individual.  But by doing this pristine  libertarians  ignore the central fact of being human: we are a social animal. Being  a social animal entails two defining behaviours: all social animals  produce hierarchies  and   all social animals place limits to the group.  Homo sapiens is no exception.

Because hierarchies in the human context arise not only from the personal efforts, qualities and talents of each individual, as is the case with animals,  but from the  position  each individual occupies through the accident of birth, this raises two difficulties for libertarians.  The first is there is not a level playing field and without that the pristine  libertarian ideal of society organising itself through freely  entered into relationships is severely distorted because it is clearly absurd to say that a man born poor is freely entering into a master-servant relationship with a man born rich when the poor man needs money simply to feed himself.  The second difficulty is that the very existence of an hierarchy,  whether or not it is based on merit, undermines the notion of free choice because once it is established different power relationships exist.

The question of hierarchy becomes more complex as the heterogeneity of a society grows whether that be ever deeper division into classes or increasing ethnic and racial diversity . All social animals have to have boundaries  to  know where the group begins and ends.  This is  because a social animal must operate  within a hierarchy and a hierarchy can only exist where  there are  boundaries.   No boundaries,  no hierarchy, because  no  individual could  ever  know what the dominance/submission situation  was  within their species or at least within those members of the species with whom they interact.

The need to define the group is particularly important for libertarians.    Above all libertarianism requires  trust. In the pristine libertarian society this means each individual believing that other people will keep their word and generally behave honestly. But as we all know only too well  people cannot  be trusted to observe societal norms and a society which is fractured by class, race or  ethnicity  is the least likely of all to have a shared sense of what is right.  Therefore,  libertarians need to recognise that however much they would like to believe that each human being is an individual who may go where he or she pleases and do what he or she pleases, the sociological reality precludes  this and that the only sane ideological course for a libertarian is to advocate closed borders and the preservation of the homogeneity of  those societies which are most favourable to libertarian ideals not because the society  consciously espouses them,  but because the  society has evolved in a way which includes libertarian traits.

There will be libertarians who find it immensely difficult going on impossible to accept that the individual must in some respects be subordinated to the group.  They will imagine, as liberal internationalists do, that human nature can be changed, although in the case of libertarians the change will come not from re-education but the creation of circumstances propitious for libertarian behaviour to emerge.  Let me explain why this is impossible because of the innate differences between  human beings and the effects of cultural imprinting.

Because Man is differentiated profoundly by culture, the widely accepted definition  of a species – a population of freely interbreeding organisms sharing a common gene pool -   is  unsatisfactory,  for  clearly Man is  more  than  a brute   animal  responding   to   simple  biological   triggers.  When   behavioural differences  are perceived as belonging to a particular group  by  that group  as differentiating  members of the group from other  men,    they perform the same role as  organic differences for  they divide Man  into cultural species.

An analogy with computers can be made. As hardware,  a particular model of  computer is  practically identical to every other computer which  is classified  as  the same model.  But the  software available to every computer of the same model is not identical.   They may run  different operating systems, either completely different or different versions of the same program. The software which runs under the operating system is different  with different versions of the same program being used.  The data which is input to the computer varies and this in turn affects the capabilities of the computer.

It  clearly makes no sense to say every computer of the same  model  is the same even if the computer is loaded with the same software.   But of  course  not  all  computers  are  of  the  same  model.  They  vary tremendously  in  their  power.  The same software  will  run  at  very different  rates  because of this.  Storage and memory size  also  vary tremendously. Some computers cannot run programmes because the programmes  are too large.   We  may call all computers computers ,  but that is to say little more  than that  all  animals are animals,  for  computers  range  from  the immensely  powerful super computers – the homo sapiens  of  the computer  world  as it were – to the amoeba of the  simple  chip  which controls  lights  being put on or off in a room  depending  on whether someone is in it.

Are the circumstances of computers  not akin to those of  Man?  Do  not the racially based  differences in IQ correspond to the differences  in power  of  older  and  newer computers?  Do not different  languages  represent different operating systems? For example, think how different must be the mentality of  a native Chinese speaker (using  a language which  is entirely  monosyllabic)  to that of a native English speaker  (using  a polysyllabic language) simply because of the profound difference in the structure  of the language. A language will not merely impose limits on what  may  be  expressed it will affect the  entire  mentality  of  the individual,  from aesthetic appreciation to  social expression. Is not the experiential input analogous to the holding of different data?

But the most potent of human behavioural triggers are racial differences,  for they exercise the strongest control over the group in a territory where different racial groups exist. Race trumps ethnicity where the ethnic clash is one of people of the same race but different ethnicities.  Place a significant population of a different race into a territory where ethnicity rather than race is the cause of unrest and the ethnic factions of the same race will tend to unite against those of a different race.

To argue that racial difference is  not important to the choice of a mate is as absurd as arguing  that the attractiveness of a person is irrelevant to the choice of a  mate.

In  Freakonomics  Steven Levitt and Stephen Dubner  cite a study made of a  US dating site (the full story is on pp 80-84).  The site is one  of the  largest  in  the US and the data examined  covered  30,000  people equally  divided  between San Diego and Boston.   Most were  white  but there was a substantial minority of non-white subjects.

The  questionnaire the  would-be  daters had to  fill  in  included  a question  choice on race as “same as mine”  and “doesn’t matter”.   The study  compared  the responses  by white would-be  daters  (those  from non-white were not analysed) to these  questions with the race of  the emails  actually  sent soliciting a date.   The result  in  Levitt  and Dubner’s words was:

“Roughly  half of the white women on the site  and  80  percent  of  the white men declared that  race  didn’t  matter to them. But the response data tell a different story  The white men who said that race didn’t  matter sent  90  percent of  their e-mail  queries  to  white women. The  white women who said race  didn’t  matter sent about 97 percent of their e-mail queries to white men.

“Is  it  possible that race really didn’t  matter  for  these  white women and men and that they simply  never  happened  to browse a non-white date  that  interested them?”

Or,  more likely, did they say that race didn’t matter  because they wanted to come across  especially  to potential mates of their own race as open-minded?” In short, around 99% of all the women and 94%  of all men in the sample were  not  willing  to  seek a  date of a  different  race.   How  much stronger  will  be  the tendency to refuse to breed with a  mate  of  a different race?

If sexual desire will not commonly override the natural disinclination to remain racially separate nothing will.

Because the tendency to mate with those of a similar race is so strong  and universal,  both in place and time, it is reasonable to conclude  that the  behaviour  is innate and that cultures  necessarily include  the requirement for a member of the society to be of a certain racial type. The  consequence of this is that someone of a different racial type  is effectively precluded from full integration because one of the criteria for  belonging has not been met.  That is not to say,  of course,  that many  of the habits of mind of an alien culture may not be  adopted  by someone  of  a  different race.  What is withheld  is  the  instinctive acceptance  of the alien and his or her descendants  as members of  the society. Just as no human being can decide for themselves that they are a member of this or that group, no individual can decide that they belong to this or that nation because it is a two-way process: the other members of the group they wish to join have to accept them as a true member of the group. (Stephen Frears the English  film director once wryly remarked that he had known the actor Daniel Day-Lewis “before he was Irish”).

Where does this leave us? In its present form libertarianism is a most efficient  dissolver of cultural roots and collective identity. It is this because it ignores the realities of  Man’s social nature.  This results in the  creation of the very circumstances which are least conducive to the realisation of libertarian ends.  If libertarians are to realise those ends, they must recognise that the society  most favourable to their beliefs  is one which is homogeneous in which the shared values create the platform of trust which must underlie libertarian behaviour.   Of course, that does not guarantee a society favourable to libertarians because  the shared values may be antithetical to them, but it is a necessary if not sufficient condition for libertarian ideals to flourish. To that libertarians must add a recognition that there are profound differences between ethnic and racial groups and identify those societies which are most worth protecting because they have the largest element of libertarian traits within them.

Written for entry to the 2010 Chris Tame prize

Sorting out the mess after the Euro collapses

Robert Henderson

17 of the 28 EU states make up the Eurozone. If the Euro collapses 17 new national currencies will have to be established. A conversion rate for Euros to each re-established national currency will have to be agreed.   The weaker a country’s economy,  the less favourable the conversion rate.

That  will be painful for the weaker Eurozone economies, but it will be administratively relatively simple because the transaction can be made  bilateral,  just as the assimilation of the East German Ostmark into the Deutschmark was accomplished at the time of German re-unification, although this would be more complicated.

The bilateralism would  have to come through a system something like this:   the Euro coins and notes issued in each country’s name  and the Euro bank deposits of each country held at a certain date would be convertible only into the re-established national currency.  For example, this would mean that those holding Euros issued by France and Euros in French bank accounts  at a designated date,  would have their Euros converted to Francs at whatever the agreed rate was.

Unless such a system was adopted almost everyone holding  Euros would  demand that their Euros were converted to attractive currencies  such as a re-established Deutschmark rather than a new drachma or escudo, regardless of how attractive the conversion rates were for the weaker re-established Eurozone currencies.  This would happen because the weaker re-established currencies would be viewed by most as potentially worthless at worst and likely to devalue severely and quickly at best.  There would also be no guarantee that all the newly established currencies would be freely convertible.

The domestic administrative complications will be daunting enough,  but  they will be nothing compared to those that arise for  those holding the Euro as a reserve currency.  As the Euro is a supranational creation,  there can be no neat conversion of Euros held as a reserve currency to another currency as there was at German re-unification. Instead, each holder of Euros as a reserve currency would probably  have to receive a basket of currencies made up of all the 17 Eurozone’s new national currencies with the amounts  of each currency determined by some criterion such as the size of population of each Eurozone country. This would mean substantial losses for Euro reserve currency holders,  because most of the basket of 17 currencies they received to replace the Euros they held would be currencies which were weak and hence undesirable internationally.  Only the new Deutschmark would probably be considered genuine  reserve currency material.

In 2011  currencies held in reserve throughout the world amounted to about $10 trillion (http://www.investopedia.com/articles/economics/13/reserve-currencies.asp). The Euro makes up just under a quarter of that, say $2.4 trillion.  The effect of a Euro collapse would be massive, not just on the EU or even the developed world generally,  but on the entire world because the developing countries hold around two-thirds of the $10 trillion, much of which will be Euros.

The potential damage the collapse of  the Euro would wreak may be the primary explanation for the ruthless treatment of Eurozone countries such as Greece, Spain and Portugal in the struggle to maintain the Euro, although the contemptible desire of the EU elites  to save face at any cost  is  doubtless also in play.

A subsidiary problem is how  non-reserve currency holders of Euros (individuals, business, other corporate bodies) outside the Eurozone would be treated. It would scarcely be a practical proposition to hand them a basket of currencies like the reserve currency holders because the vast majority would be holding only a small or relatively small number of Euros. For those holding just coins and notes there would not be a problem because those notes and coins would be identifiable as having been issued by a particular state and could be converted at the agreed Euro/re-established currency of the particular country rate just as the notes and coins held by those living in Eurozone countries could be converted. Ditto any Euros held in banks in Eurozone countries regardless of the nationality of the holder or their place of residence, the state in which bank account is held being the determining factor.

But a  severe problem would arise with those holding Euros in bank accounts outside of the Eurozone. How those Euros could be allocated to any Eurozone member by any rational or objectively fair scheme  I frankly cannot see. I suspect that they might have to settle for either  a basket of  Eurozone re-established national currencies as the holders would do (impractical for small amounts) or whatever (almost certainly decidedly penal) conversion rate each ex-Eurozone member might be willing to offer.  For example, France might offer a better rate than Germany. The foreign holders of Euros in bank accounts   could of course  simply be cut adrift and lose the entire value of their Euros.

Then there is the problem of what to do with contracts drawn up in Euros. What value would be put on the Euro cost of the contract?  I suppose it might be dealt with by using the conversion  rate  of the Euro to each Eurozone ex-member’s  re-established currency  with the place where the contract was to be carried out  determining to which newly  re–established currency  the contract would be converted. Or perhaps the contract could be converted to another currency such as the US dollar or pound sterling with payment either being made in that currency (which the contracting party doing the paying  would have to purchase using their own currency or any other foreign currency reserves) or in a newly re-established national currency at whatever  the exchange rate  between  that currency and  what might be termed the third party currency was at a moment in time. For example, suppose the third party currency was the US dollar and the ex-Eurozone state was France.  Francs would have to be given to the value  of whatever the exchange value of the Franc against the dollar was,  either at ts value at a given date or at an agreed conversion value.

The potential mess is colossal. What if a newly established currency is simply too weak to be able to either buy sufficient of a currency such as the US dollar or to make payment  in a new re-established national currency because the exchange rate was so penal it made the completing of the contract impossible?  What if  the contractor who  is  to be paid refused to complete the contract because they had no faith in  the newly re-established national currency? What if a newly  re-established currency was not strong enough to be fully convertible?   The outcome could be very severe because of the potential for a large shrinkage of economic activity across a  healthy slice of the world’s economy. What will happen generally if the Euro collapses?  The stark  truth is that no one knows because there is no historical example of a currency union on the scale or type of the Eurozone  failing .  The nearest example is the Latin Currency Union which lasted from 1865-1927, but that was small beer compared to the  Eurozone ,based on precious metals and not involving a reserve currency. Nor of course was international trade and finance developed to anything like the extent  it is today.

The architects of the Euro, whether intentionally or not, have behaved with a criminal recklessness in venturing where no one had gone before.

The EU: Making the going good for getting Out

ROBERT HENDERSON  suggests some ways in which the No side can maximize its chances of winning the referendum on EU membership

Amidst all the confusion and excitement of bringing about a referendum on Britain’s membership of the EU, it is easy to forget that there are considerable risks associated with the vote. The government will almost certainly campaign to stay in, as will the Labour Party, and many institutions, lobby groups, media groups, foreign governments, and influential individuals. Public opinion, although hardening towards leaving, is fickle and cannot be relied upon. A decision to stay in would probably destroy the UKIP, and would also seriously undermine Conservative Eurosceptics. It is therefore essential that we should think about the likely shape of the campaign, and how we who believe in leaving can improve the odds.

The general strategy

A) How to leave

Article 50 of the Lisbon Treaty states

1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.

2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.

3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.

4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it.

A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.

5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49. (http://www.lisbon-treaty.org/wcm/the-lisbon-treaty/treaty-on-european-union-and-comments/title-6-final-provisions/137-article-50.html).

It is strongly implied in in  para 3 of  the Article that unilateral withdrawal is possible :

“ The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2”.

However, the clause does not explicitly  give the right of unilateral secession and could be interpreted as merely referring to how any agreement might be scheduled to take effect. The other EU members could adopt this interpretation to thwart the UK leaving without declaring UDI.

The Vienna Convention on the Law of Treaties cites two legitimate  instances where a party wants to withdraw unilaterally from a treaty which does not make any provision for withdrawal : (1) where all parties recognise an informal right to do so or  (2) the situation has changed so substantially  that the obligations of a signatory are radically different from that which was originally agreed to.   The informal right patently does not apply in the case of the EU. As for radical changes to the obligations of a signatory, that would be difficult to sustain. It is true that the organisation (the EU) the UK belongs to now is radically different from that which they originally joined in 1973 (the EEC), but the  UK has signed  new treaties to agree to the new circumstances as they have arisen.  Hence, there would be no radically changed obligations which had not been taken on formally by the UK.

The only precedent  of any sort for withdrawal is Greenland’s  secession  in 1985 from the European Economic Community (EEC).  The was facilitated by the Greenland Treaty. However, it is not  an obviously relevant precedent because Greenlanders retain Danish citizenship for  Greenland has home rule not full independence from Denmark. They are consequently full  EU citizens.  Because Greenland is also one of the  Overseas Countries and Territories of the EU it  is also subject to some EU law and regulations, mainly those relating to the Single Market. .

Even if it is accepted by the other EU members  that there is a unilateral right of secession,  the fact that it  could only  take place legally after two years would give the remainder  of the EU the opportunity to run the UK ragged before the UK left.

As for getting an agreement which would allow the UK to generally re-establish its sovereignty, especially over the control of its borders, this is most improbable.  A  Qualified Majority in the European Council  is required  and even if such a majority is obtained the European Parliament can block the secession. The potential for delay and blackmail by the EU of the UK is considerable.

In any event it is likely is that the EU would  drive a bargain which is greatly to  the UK’s disadvantage because the  Eurofederalists would be terrified of creating a precedent for any other EU member which might wish to radically change their relationship with the EU.  That would make them demand conditions of the UK which were so unappealing it would deter other member states from following suit. There is also  the danger that  the Europhile UK political elite  would take the opportunity to agree to disadvantageous terms for the UK simply to keep the UK attached to the EU in the manner that Norway and Switzerland are attached. The treaty arrangements of  Norway and Switzerland  are routinely portrayed  by supposed  Eurosceptics  as purely trade relationships. They are not. Both countries are firmly within the EU straitjacket. Indeed, the Europhile BBC  ran a story in 2012 entitled Non-EU Norway ‘almost as integrated in union as UK ‘ (http://www.bbc.co.uk/news/world-europe-16594370). As for Switzerland, a glance at their treaty arrangements will show their close EU embrace http://www.europa.admin.ch/themen/00500/index.html?lang=en.  Most importantly they have no control of immigration from the EU . If the UK signed up to the Single Market after formally leaving the EU  we should be in the same boat.

The OUT camp must make it clear that  it would be both damaging and unnecessary for the UK to abide treaty requirement. Even if the UK did not try to sign up to  the Single Market, it would allow the EU to inflict considerable damage on the UK both during the period prior to formally  leaving and afterwards if  the price of leaving with the EU’s agreement was  for  UK to sign up to various obligations – for example, to continue paying a large annual sum to the EU for ten years.

There is also the danger that the stay-in camp could use Article 50 to argue that whether the British people want to be in or out, the cost of leaving would be too heavy because of this treaty requirement.

The Gordian knot of Article 50 can be cut simply by passing an Act of Parliament repealing all the treaties that refer to the EU from the Treaty of Rome onwards. No major UK party could  object to this because all three have, at one time or another,  declared that Parliament remains supreme and can repudiate anything the EU does if it so chooses.

If the stay-in camp argue that would be illegal because of the treaty obligation, the OUT camp should simply emphasise (1) that international law is no law because there is no means of enforcing it within its jurisdiction if a state rejects it and (2) that treaties which do not allow for contracting parties to simply withdraw are profoundly undemocratic because they bind future governments.

The OUT camp should press the major political parties to commit themselves to ignoring Article 50. If a party refuses that can be used against them because it will make them look suspicious.

Before the vote

B) The parties’ plans of action if there is a vote to leave

It is important that all the parties likely to have seats in the Commons after the next election are publicly and relentlessly pressed to give at least a broad outline of what action they would adopt in the event of a vote to leave. Left with a free hand there is a serious danger that whatever British  government is  in charge after a vote to leave would attempt to bind the UK back into the EU by stealth by signing the UK up to agreements such as those the EU has with Norway and Switzerland which mean that they have to (1) pay a fee to the EU annually, (2) adopt the social legislation which comes from the EU and (3) most importantly agree to the four “freedoms” of the EU – the free movement of goods, services, capital and  labour throughout not merely the EU but the wider European Economic Area (EEA).

It is probable that the Westminster parties will all resist this, but that would present them with two problems. First, a refusal to do so would make them seem untrustworthy; second, if one party laid out their position but the others did not, that would potentially give the party which did say what it would do a considerable advantage over the others which did not. If no party puts its plans before the public before the referendum, there should be demands  from those who want the UK to leave the EU that  any new treaties with the EU must be put to a referendum and, if they are rejected, the UK will simply trade with the EU under the WTO rules.

C) Repudiate re-negotiation before the referendum

Supporting the negotiation of a new relationship between the UK and the EU before a referendum is mistaken, because it would seem to many to be giving tacit approval for renegotiation and legitimize the possibility of the UK remaining within the EU. It is also rash, because  the likelihood  of the EU giving nothing is very small. Indeed, they might well give something substantial, because the UK leaving the EU would be a very great blow to the organisation. The UK is the country with the second largest population within the EU with, depending on how it is measured, the second or third largest  economy and the country which pays the second largest contribution to the EU budget. For the EU to lose the UK would not only be a blow in itself, it would also create a very strong precedent for every other EU state, especially the largest ones. If  the UK left and prospered, the temptation would be for other EU states to leave.

If the EU offered  a big carrot such as the abolition of benefits  for migrants to the UK  from the rest of the EU until they had lived in Britain for ten years, that could  seriously  undermine the resolve of those wanting the UK to leave the EU because it would dovetail with British fears of mass immigration from the EU and the mainstream media representation of the immigration  problem as being essentially a welfare problem. The Europhiles would then be able to represent the immigration threat as no longer a threat as they bleated their  mantra “the only immigrants will be those who are working and paying their taxes”.  That would be difficult for any mainstream British politician or party to counter because they have all be peddling the line of welcoming “hard working immigrants” for years.

But even if negotiation produced nothing of substance, as happened with Harold Wilson’s “renegotiation” of 1975, it would be a mistake to imagine that it would not influence the referendum result. The electorate is divided between the resolute come outs, the resolute stay-ins and the wavering middle. A claim by the stay-in campaigners that something had been conceded by the EU, however  insignificant, would provide the waverers with an excuse to vote to stay in because they could convince themselves they were voting for change. If the EU were to offer nothing, waverers might see this as evidence that the EU was too powerful to oppose.

Those who want the UK to leave should unambiguously put the case for no renegotiation. Dismiss anything Cameron (or any other PM) brings back from the EU by way of altered terms as being irrelevant because the EU has a long record of agreeing things with  the UK and then finding ways of sabotaging what was agreed. In addition, a future British government may agree to alter any terms offered at the time of the referendum. The classic example of this changing of agreed terms happening in the past is Tony Blair’s giving up of a substantial amount of the Thatcher rebate in return for a promised reform of the Common Agricultural Policy (CAP), a promise which was never met. That episode produced my all-time favourite amongst Blair’s penchant for lying. Two days before he went to the EU meeting at which he  gave away a substantial part of the rebate he declared during Prime Minister’s Questions that the rebate was “non-negotiable – period”.

It is difficult to envisage any British prime minister not trying to  negotiate with the EU before a referendum, but it might just  happen if whoever is in power when the referendum is announced were to be told privately by the  major EU players that nothing will be given and the prime minister of the day concludes it would be best to pretend that a decision had been made not to negotiate rather than risk the humiliation of getting nothing, perhaps not even a pretence of negotiation before nothing is given. Why would the EU do this? They might calculate that it would be a gamble worth taking to send a British PM away with nothing, whilst hoping the referendum vote would be to stay in because then the power of the UK to resist further integration would be shot.

If the EU offers nothing, the OUT camp should welcome the fact and stress to the public that if the referendum is to stay in,  the EU could force any federalist measure through because not only would any British government be much weakened in its opposition to more federalism, the UK political class as a whole would more than willing to go along with it because of their ideological commitment to the EU.

D) After the vote

Ideally the government which deals with the EU after a vote to leave will have committed themselves to a plan of action before the referendum vote.  However, as described above, it is quite possible that this will not happen because  the UK’s overwhelmingly Europhile political class will try to re-entangle the UK with the EU. To prevent them doing so there should be a concerted campaign after the vote to ensure that the British public understands what is being done on their behalf with a demand for a further referendum to agree any new treaty.

The terms of the debate

It is essential that the Europhiles are not allowed to make the debate revolve around economics. If they do it will effectively stifle meaningful debate. As anyone who has ever tried to present economic ideas to an audience of the general public will know it is a soul-destroying experience. Take the question of how much of UK trade is with the EU. The debate will begin with the stay-in camp saying something like 45% of UK trade is with the EU. Those wanting to leave the EU will respond by saying it is probably less than 40% because of the Rotterdam/Antwerp effect. They will then be forced to explain what the Rotterdam/Amsterdam effect is. That is the point where the general public’s concentration is lost and the debate ends up proving nothing to most of the audience.

But although nothing is proved to the general audience by detailed economic argument, the audience will remember  certain phrases which have considerable  traction. In amongst the serious debating on the issue of trade there will be phrases such as three million jobs in Britain rely on the EU and dire threats about how the EU will simply not buy British goods and services any more. This is nonsense, but fear is not rational, and many of those who vote will enter the voting chamber with fear of losing their jobs  in their heads regardless of what the OUT camp says if the debate is predominantly about economics. Shift the debate away from economics and the fear-inducing phrases will be heard less often.

National sovereignty

How should those wanting to leave the EU shift the focus of debate? They should put the matter which is really at the core of the UK’s  relationship with the EU  – national sovereignty – at the front of the  OUT camp’s referendum campaign. Campaign under a slogan such as Are we to be masters in our own house?

Making national sovereignty the primary campaigning issue has the great advantage of  it being something that anyone can understand because it is both a simple concept and speaks directly to the natural tribal instincts of  human beings.   Being a simple concept readily  and naturally understood,   it is a far more potent debating tool than arguments attempting to refute the economic  arguments  beloved of the stay-in camp.  The fact that the natural tribal instincts have been suppressed for so long in the UK will increase its potency because most people will feel a sense of release when it begins to be catered for in public debate.

The appeal to national sovereignty has a further advantage. Those who support the EU are unused to debating on that ground. That is because uncritical support for the EU has long been the position of both the British mainstream political class as a class and of the mass media. That has meant that the contrary voice – that which wishes Britain to be independent – has been largely unheard in public debate for thirty years or more. Where it has been heard, the response of the pro-EU majority has not been rational argument but abuse, ranging from patronising dismissal of a wish for sovereignty as an outmoded nationalism to accusations that national sovereignty amounts to xenophobia or even racism. These tactics – of excluding those who want to leave the EU from public debate and abuse substituted for argument – will no longer be available to the  pro EU lobby.


The most threatening and energising subject relating to the EU for the general public is immigration. The public are right to identify this as the most important aspect of our membership of the EU because immigration touches every important part of British life: jobs, housing, education, welfare, healthcare, transport, free expression  and crime besides radically changing the nature of parts of  the UK which now have large populations of immigrants and their descendants.

The public rhetoric of mainstream politicians and the media is changing fast as they begin to realise both what an electoral liability a de facto open door immigration policy is, as the effects of mass immigration become ever more glaring. The argument is shifting from the economic to the cultural.  For example, here is the Daily Telegraph in a leader of 25 March:

“The fact is that, for many in Britain (especially those outside the middle classes), it is not just a matter of jobs being taken or public services being stretched, but of changes in the very character of communities. Those changes may not necessarily be for the worse: as the Prime Minister says, Britain’s culture has long been enriched by the contributions of new arrivals. But as long as ministers treat immigration as a matter of profit and loss, rather than the cause of often wrenching social change, they will never be able fully to address the grievances it causes.” (http://www.telegraph.co.uk/comment/telegraph-view/9952717/Immigration-and-the-limits-of-the-possible.html)

This new frankness in public debate means that the OUT camp can use the immigration argument freely, provided they keep the language within the confines of formal politeness. The subject will naturally dovetail with the emphasis on national sovereignty because the most important aspect of sovereignty is the ability to control the borders of the territory of a state.  Judged by their increasing willingness to talk publicly about immigration, it is probable that the mainstream UK parties will be content to go along with  ever more frank discussion about immigration.

The economic argument must be kept simple

It will not be possible to avoid  economic arguments entirely. The OUT camp should concentrate on repeating these two facts:

The disadvantageous balance of payments deficit the UK has with the EU

The amount the UK pays to the EU

Those are the most solid economic figures relating to the EU. There is some fuzziness around the edges of the balance of payments deficit because of the question of where all the imports end up (whether in the EU or outside the EU through re-exporting), while the amount the EU receives is solid but it has to be broken down into the money which returns to the UK and the amount retained by Brussels. Nonetheless these are the most certain  figures and the least susceptible to obfuscation by the stay-in side.

The best way of presenting the money paid to the EU is simply to say that outside the EU we can decide how all of it is spent in this country and to illustrate what the money saved by not paying it to the EU would pay for.

It will also be necessary to address the question of protectionist measures the EU might take against the UK if the  vote was to leave. It is improbable that the EU would place heavy protectionist barriers on UK exports because:

1. The massive balance of payment deficit between the UK and the rest of the EU, which is massively in the EU’s favour.

2.  Although the rest of the EU dwarfs the UK economy, much UK trade with the EU is heavily concentrated in certain regions of the EU. The effect of protectionist barriers would  bear very heavily on these places.

3. There are strategically and economically important joint projects of which the UK is a major part, like Airbus and the Joint-Strike Fighter.

4. The Republic of Ireland would be a massive bargaining chip for  the UK to play. If the UK left and the EU rump attempted to impose sanctions against Britain this would cripple the RoI because so much of their trade is with the UK. The EU would be forced to subsidise the RoI massively if protectionist barriers against the UK were imposed. The EU could not exempt the RoI from the sanctions because that would leave the EU open to British exports being funnelled through the Republic.

5. The EU would be bound by the World Trade Organisation’s restrictions on protectionist measures.

The economic issues which are not worth pursuing in detail are those relating to how much the EU costs Britain in terms of EU-inspired legislation. It may well be that these load billions a year of extra costs  onto the UK  but they are not certain or easily evaluated costs, not least because we cannot in the nature of things know what burdens an independent UK would impose off its own bat.

Getting into detailed discussions about such things will simply play into the hands of  the stay-in camp because it will eat up the time and space available to those promoting the OUT cause.

Other issues

Apart from the economic questions, the stay-in camp will use these reasons for staying in:

That the EU has prevented war in Western Europe since 1945. This can be simply refuted by pointing out that the EU was not formed until  twelve years after WW2; that until 1973 the EU consisted of only six countries, three of them small,  and  of only nine countries until the 1980s. Consequently it would be reasonable to look for other reasons for  the lack of war. The two causes of the peace in Western Europe have been the NATO alliance and the invention of nuclear weapons which make the price of war extraordinarily high.

That nation states such as the UK are too small to carry any real diplomatic weight in modern world. That begs the question of whether it is an advantageous thing to carry such weight – it can get a country into disastrous foreign entanglements such as Iraq and Afghanistan – but even assuming it is advantageous, many much smaller countries than the UK survive very nicely, making their own bilateral agreements with other states large and small. It is also worth remembering that the UK has such levers as a permanent seat on the UN Security  Council (which allows the UK to veto any proposed move by the UN) and considerable influence in institutions such as the IMF and World Bank.

ROBERT HENDERSON is a London-based freelance writer


Originally published in the Quarterly Review

Published in http://www.quarterly-review.org/?p=1737

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.

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 (https://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  (https://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?

Courage is the best defence against charges of racism

Robert Henderson

The trial of Emma West on two racially aggravated public order charges which was scheduled for 11 June has been postponed until 16 July to enable further psychiatric reports to be prepared. (http://www.thisiscroydontoday.co.uk/Emma-West-race-rant-trial-moved-July/story-16346869-detail/story.html).

As Miss West was charged over six months ago and has been  brought before courts several times,  it does seem rather strange that psychiatric reports need to be prepared now, especially as it was made clear months ago that she was being treated for depression when the events took place and had taken a double dose of her normal medication on the day of the alleged offences, both of which were of obvious utility as defences or mitigation. If they were going to be used by the defence surely psychiatric reports would have been made long ago. Had Miss West suddenly decided to plead guilty that could explain it, but there is no evidence that she has changed her plea. Perhaps the answer lies in the fact that she  has stood firm on her intention to plead not guilty That would make her a decidedly rare bird amongst those who have found themselves arraigned in Britain on criminal charges merely for expressing non-pc views about mass immigration and its effects in general or for challenging the politically correct elite ideology in a particular instance where they have become embroiled in a dispute with someone who is black, Asian or a white person who claims ethnic minority status. Such a plea would also be a most unwelcome development for those who have brought her to trial.

The British liberal elite relies on fear to drive the enforcement of their totalitarian doctrine of political correctness, of which multiculturalism and “anti-racism” form the central part. The political elite – backed and aided by their auxiliaries in the mainstream media, public service, academia and the ethnic minorities themselves,  with big business tagging along provided the globalist and laissez faire tune is played by the politicians  – create and feed on that fear in various ways. They pass laws which make employers vulnerable to claims of racial and sexual discrimination; make the loss of a job, especially in publicly funded jobs, commonplace for those judged to have committed a politically incorrect “crime!” and criminalise dissent from those in the native British population who repudiate the idea of mass immigration as a good and lament the willful tainting of what was until the 1950s a remarkably homogenous population.

The political elite and their auxiliaries have been very successful to date in controlling dissent both through the creation of fear and the willing collusion of the mainstream media who happily accept the restrictions of Acts such as the Race Relations Act (9176), the 1986 Public Order Act and the Race Relations Amendment Act (2000) whilst proclaiming their belief in free expression. But the trick, like all acts of censorship and propaganda, only works while alternative views are excluded from the public fold.

What every liberal knows in his or her heart of hearts is that the creed they supposedly live by is no more than an aspiration and the reality of the time they live in is that human beings generally do not wish to live according to the dictates of political correctness and, most particularly, are naturally antagonistic to the idea that homo sapiens is just one big happy species without any meaningful innate or ineradicable cultural differentiation.  This means that any breach in the public censorship of politically incorrect ideas represents a potent danger for the British elite. They realize that if the truth is told about both the consequences of  mass immigration and the feelings of the native British towards it, the pack of ideological cards will tumble down, just as it did in the Soviet Union where the discontinuity between the political rhetoric of a communist paradise with equality, bumper harvests and every increasing industrial production contrasted fantastically with the miserable material lives of the Soviet masses and the brutal repression and ever more absurd Marxist-Leninist dogma.  In the case of the liberal regime in Britain, the equivalent absurdities are the liberal’s insistence that mass immigration had been a most wondrous boon bringing huge economic benefits and marvelous cultural enrichment while the large majority of the native population saw, often at first hand, the reality of the “cultural enrichment” as areas were effectively colonized, crime, especially violent crime, committed on an industrial scale by immigrants and their descendants, traditional British freedoms rapidly eroded in the name of multiculturalism and protest against the effects of immigration criminalized.

The elite fear of the public contradiction of the politically correct narrative on race and immigration  may have caused the postponement of Emma West’s trial to either prepare the ground to get her to change her plea to guilty or have her declared unfit to plead, the latter being the ideal result for the authorities because it would allow her to be represented as mad. This would fit beautifully with the liberal idea that only the mentally ill can hold non-pc views.

Until the last few years there have not been many prosecutions for inciting racial hatred or allied crimes. Instead, the British elite have relied on visits by the police to people who have had the temerity to put golliwogs on sale in their shop or make some mildly non-pc comment which has got into the media. It is very rare that charges have been brought, not least because the “crimes” they are supposedly investigating are often difficult to identify under existing laws. But an eagerly complicit British media has made sure that such action by the police is given great publicity.  This has laid the foundation for the general fear now present amongst the native British of voicing or even being associated with someone who voices a politically incorrect opinion, a fear symbolized by the almost inevitable “I’m not a racist” disclaimer when someone ventures to express mild concern about immigration or the behavior of a particular ethnic minority or even, because the “anti-racism” disease has become hideously virulent, a criticism of any person drawn from a pc protected group.

In the past few years more and more cases have ended up in court, two of the most recent being the jailing for 21 weeks of Jacqueline Woodhouse for behavior similar to that of Miss West and the Swansea U student Liam Stacey, who was jailed for 56 days after making comments deemed to be racist on Twitter (http://englandcalling.wordpress.com/2012/05/31/prison-for-merely-speakingnon-custodial-sentences-for-sustained-physical-attacks/). Both played the liberal game of Maoist-style confession which did them no good at all.

Sadly, very few native Britons in the past forty years have pleaded not guilty when charged with racially based offences. They have allowed themselves to be either intimidated into pleading guilty or on the rare occasions when a not guilty plea has been entered, gone along at their lawyers’ insistence with either a technical defence, for example, claims that they were wrongly charged or the evidence used was inadmissible , or a defence which does not say they had the democratic right to say or write whatever it was they said or wrote, but only challenges the charges on the grounds of what the words meant in the context of the law, for example, in the case of charges under section 5 of the 1986 Public Order Act were the words insulting, viz:

(1)A person is guilty of an offence if he— .

(a)uses towards another person threatening, abusive or insulting words or behaviour, or .

(b)distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting, .

with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked. (http://www.legislation.gov.uk/ukpga/1986/64).

The liberal elite fear anyone who pleads not guilty, even if it is on grounds, such as those just described, which do not challenge  directly the basis of the multicultural fantasy. This is because any contested trial brings into the public fold a dissenting voice and , consequently,  demonstrates  that the law is being used in a way which is incompatible with either a free society or a democracy, because it is inherent in the concepts of both a free society and a democracy that any opinion must be allowed to be argued or by definition the society is neither free nor a democracy.

If someone charged with politically correct “crimes” puts forward a defence that the laws under which they are charged are illegitimate because the laws are tyrannical and destructive of both freedom and democratic participation, the problem for the liberal elite is much amplified because it nakedly reveals their hypocrisy. Whilst happily using and tolerating the use of power appropriate only for a totalitarian state,  the official liberal line is that they are the most wonderfully moral and tolerant people in the world who find any form of discrimination or imposition of values obnoxious. Any person who wished to mount a forthright defence on the grounds of free expression and democratic participation would be  crying that the Emperor had no clothes.

The other very damaging possibility(for liberals) would be if a defendant argued that a failure to apply the law regarding racial incitement, threat, insult and so on equally rendered the law both morally null and legally incomprehensible, because it was literally impossible for any individual to judge what was and what was not illegal.  This would be very simple to do because there are many glaring examples of blacks engaging in racist abuse of whites not being judged to have committed racist crimes – two prime examples can be found in http://englandcalling.wordpress.com/2012/05/31/prison-for-merely-speakingnon-custodial-sentences-for-sustained-physical-attacks/.

To these instances of double standards  can be added the vast numbers of incitements to racial hatred against the native white population of Britain by politicians, the mainstream media, academics and ethnic minority spokesmen who insist that Britain is a racist society because its native white population is racist. These not only attract no attention from the police but no condemnation by politicians or the mainstream media. ( I referred Greg Dyke when Director-General of the BBC to Scotland Yard  after he referred to the BBC staff as “hideously white”, a clear incitement to hatred against whites and especially potent because of his public position. Scotland Yard refused to open an investigation).

This brings us back to the question of why Emma West has been referred for psychiatric reports. The authorities have already done their best to intimidate her. After Miss West’s arrest she was held on remand “for her own protection” according to the court in Bronzefield Prison, the nearest to a high security Category A prison in England, a prison which has housed amongst others the mass murderess Rosemary West. They did this despite the facts that  (1) she made no request for protection nor was any firm evidence of serious threats to her safety produced.and (2) she has a three year old son to look after. (http://englandcalling.wordpress.com/2011/12/07/emma-west-immigration-and-the-liberal-totalitarian-state-part-2/)

Despite these intimidating experiences and the danger that her son may be taken from her by social services, Miss West still appears to want to plead not guilty. If she is resolute in that, her best way of winning her case or, quite possibly ,having the case dropped before it comes to court , is to fight the charges on the  grounds that they are an affront to free expression and democracy.  Miss West should also add the double standards in applying the law to the embarrassment she can cause the liberal elite. If she relies on a defence or mitigation based on her history of depression or the medication she took, it is unlikely to save her from conviction or provide much by way of mitigation because she has pleaded not guilty. There would be every chance she would go to prison and/or lose custody of her son.

What I recommend to Miss West is good advice to anyone who is arrested for a “racial crime”.  Make it clear from the moment you are approached by the police that you will plead not guilty on the grounds that free expression is a necessity in a free society and to engage in the democratic process.  There is a fair chance they will not even caution you, let alone try to bring you to court because the last thing the British political elite want are large numbers of trials with the defendants pointing out that the liberal emperor has no clothes.

Easy to say, difficult to do  I can hear people saying.. That is true. Being brave in such circumstances is deeply difficult, even for those  in political parties which have some public profile and base their politics on politically incorrect ideas of race and immigration.  In 2005 the leader of the BNP Nick Griffin emailed me to ask whether I would appear as a witness in a court case in which he was appearing as a defendant to charges of .  I had never met, spoken to or exchanged emails or letters with the man before his email arrived, nor had any dealings with him after our 2005 exchange of emails.

Griffin contacted me because Tony and Cherie Blair, quite bizarrely, attempted to have me prosecuted, and failed dismally, under the Malicious Communications Act during the 1997 General Election. Those interested in the case can find a summary at https://livinginamadhouse.wordpress.com/2010/10/26/when-tony-and-cherie-blair-tried-to-have-me-jailed/. He wanted me to give evidence which showed political tampering with the justice system.  This I agreed to do because Griffin was “the subject of both a  political law and a political prosecution.” . I wrote a detailed note which both laid out what evidence I could bring and my advice about how he could best run his defence.  Griffin accepted this then did precisely what I had warned him against doing, namely, letting his lawyers run a defence which did not defend the principle of free expression. Griffin was found not guilty but that verdict left him with a problem he cannot shake off. By allowing the defence he did, he tacitly accepted the legitimacy of the laws under which he was charged. I include the relevant exchange of emails with Griffin at the end of this article.

If the leader of a political party with enough support to justify the odd media appearance cannot be brave, why should the ordinary person be brave?  If the arguments about the value of free expression do not convince, consider the fate of  those who have been brought before courts in recent times. Jacqueline Woodhouse and Liam Stacey pleaded guilty and made the most abject public apologies. It did not save them.  They were both sent to prison for merely speaking in a country where burglars commonly do not receive a prison sentence  until their third or fourth conviction and violent assaults by blacks on whites receive community service, for example, . http://www.dailymail.co.uk/news/article-2070562/Muslim-girl-gang-kicked-Rhea-Page-head-yelling-kill-white-slag-FREED.html#ixzz1flw8TY6p.

Nor will the effects of meekly pleading guilty be over after your court appearance is done and your sentence served.  You will probably lose your job and find it difficult to get another one.  If you are in higher education you will probably be excluded from the university, either temporarily or permanently.  Even if you do complete your course, your job prospects will be blighted because prospective employers will have somewhere in their minds a memory of your trial and the publicity surrounding it. Depending on your social circumstances, you may find yourself socially ostracized if you are middle class or be an object of fear to anyone because you will carry the label “racist” around with you and that will make you seem dangerous to most people regardless of their private views on race and immigration. In short, pleading guilty is never going to be an easy way out.   At worst, if you are going to pick up a criminal record and possibly a prison sentence, you can  keep your self-respect intact by fighting the case on the grounds of freedom of expression and the right to tell the truth about the most profound act of treason, the permitting of mass immigration.


My correspondence with Nick Griffin  

To:                      Philip@anywhere.demon.co.uk

Subject:              a crack at Blair?

From:                  BNP Chairman

Date:     19 June 2005 21:24:02

Dear Mr Henderson

It occurs to me that there’s just an outside chance that something you have on Blair and his cronies (and/or the BBC) might just be able to be worked in to my defence against Race Act prosecution in Leeds Crown Court later this year.

The problem, of course, is making a connection so that the judge would rule such material relevant and admissable, but if you have anything that you think could possibly fit the bill, and which you would like to see given a very public airing in full view of the national media, then please drop me an email at your convenience.

Yours sincerely

Nick Griffin

British National Party


To:                      BNP Chairman

Subject:              Re: a crack at Blair?

From:                  Robert Henderson <philip@anywhere.demon.co.uk>

Date:     21 June 2005 13:45:35

OK. Just answer me one question for the moment. Do you want to frighten Blair and co into dropping the prosecution or do you positively want the case to go ahead so you can use it as a political platform? I

don’t care which it is but I would need to know before we go any further.



To:                      Robert Henderson <philip@anywhere.demon.co.uk>

Subject:              Re: a crack at Blair?

From:                  BNP Chairman

Date:                   21 June 2005 15:58:02

Option a) would be marginally better because then we can always get a bite of cherry b) at a later date by going head-to-head with their proposed Islamophile ‘law’.



To:                      BNP Chairman

Subject:              Suggested action you should take

From:                  Robert Henderson <philip@anywhere.demon.co.uk>

Date:     04 July 2005 17:11:57

Dear Mr Griffin,

I have had a good think about your request. In principle I am willing to help you and those being prosecuted with you. I do this simply because you are the subject of both a political law and a political prosecution. However, I must insist on one thing: that you all are entirely honest with me.

You say you ideally wish to frighten Blair and co out of the prosecution. What I am going to suggest will both serve that purpose and also provide a good skeleton for your defence if you get to court.

Your tactics

I suggest the following:

1. Call the Attorney-General Lord Goldsmith

Calling Goldsmith would be legitimate simply because he is both a politician and the man who took the decision to prosecute. You should argue that there is no proper separation of powers and consequently no fair judicial process. The Human Rights Act provides for a fair judicial process. There should be grounds to challenge the prosecutions on those grounds alone, i.e., that the judicial process is unfair.

More particularly, you can argue that he should be called as witness on the grounds that the prosecution has been undertaken for political not judicial reasons and without any consideration of the public interest.

There is public evidence that Goldsmith does allow his politics to colour his legal judgement. He changed his mind over the advice he gave to Blair on the legality of theinvading Iraq. On 7th March 2003 Goldsmith was doubtful about the legality of the war without a second UN resolution – his opinion has now been published. By 17th March 2003 he was telling Blair there was no problem without a second resolution. Goldsmith has never explained satisfactorily why he changed his mind in the space of ten days.

You should also argue (1) that the law itself is incompatible with democracy and (2) that there is a great public interest in not prosecuting, because the people being prosecuted represent a political party which is both acting within the democratic rules and has significant electoral support. You should further argue that the Human Rights Act protects both freedom of speech and democratic political activity.

2. Call Blair as a witness. The justification for this would be the collusion by Blair and Goldsmith over the Iraq advice and Goldsmith’s change of opinion. If you get permission to call Goldsmith it would be difficult for the court to refuse the calling of Blair.

3. Challenge what is meant by racially inciting. Get them to define it. Introduce examples of racial incitement by ethnic minorities. The Koran is a particularly good source of embarrassing quotes – I send you a selection by separate email.

4. Accumulate examples of ethnic abuse of whites which has not been prosecuted. If you know of whites who have made complaints to the police of racial incitement by blacks or Asians against whites which the police have failed to investigate or the attorney-general failed to prosecute, introduce these into evidence to show that Goldsmith or his predecessors are not even handed. I send you examples of complaints I have made which have not been investigated let alone prosecuted.

Calling people as witnesses

If you call someone as a witness you cannot cross-examine them. This puts considerable restrictions on what can be asked and the manner of the questioning (although a decent barrister should be able to get most of what he wants out of a witness even under those circumstances). Where a witness is reluctant – and the likes of Blair and Goldsmith would do everything they can to avoid being called – you can make application to the court for them to be treated as a hostile witness. If granted, this allows them to be cross-examined in all but name. Even allowing for the political pressure on the court, I doubt if any judge would fail to rule that they were hostile witnesses.

Your legal representation

Those labeled as racists generally have a problem with legal representation, both in getting it at all and in the nature of the representation when it is found. Barristers in particular have a habit of distancing them from their clients with words along the line of “My client is a vile racist but that does not mean he is guilty”. Consequently, it is vital that you give written instructions to both your solicitor and counsel forbidding such behaviour and laying out clearly how you want your defence conducted.

Remember, you instruct your lawyers, not they you. Once they have accepted your instructions they are bound to obey them r resign from the case. However, the courts look very unfavourably on counsel resign in criminal cases, so once you have got your instructions accepted there is a good chance they will be followed.

Lawyers generally will kick up about a client who wishes his  instructions to be followed – they are often the most arrogant of people who take the view that the conduct of the  case has damn all to do with the client. But you must face them down on this.

Representing yourself

In extremis, i.e., no one will take your instructions,  represent yourself. I would normally be very loth to  suggest this because there is a great deal of truth in the legal maxim that a man who has himself for a client has a fool for a client, but as it is a political trial it could be your best course of action.

If you do take this course, you should prepare yourself by producing schedules of questions. These should be primary and supplementary questions in this fashion:

Primary Question: Lord Goldsmith, did you discuss the case  with any member of the Labour Party before making your  decision to prosecute?

Secondary questions.

If Goldsmith answers YES ask: Which member or members did  you discuss it with?

If Goldsmith answers NO ask: Did you discuss the case with  any member of the Labour Party after making your decision to  prosecute?

In short, your schedules must anticipate as far as is possible the responses a witness will make.

Questions to witnesses should be “closed” wherever possible,  i.e., the questions should permit only a yes or no answer.

There are some questions which must be asked which will not allow a yes or no, for example, in the demonstration  questions above there would obviously come a point where you  would be forced to ask a question along the lines of “What  did you say to X”. If Goldsmith admitted that he had spoken  with a Labour Party member before he decided to prosecute,  you would probably need to ask such a question, although if  you are cross examining you could keep suggesting scenarios  to the witness, e.g., “Did you say Y to X?”.

My involvement with the Blairs

I am assuming that you have familiarised yourself with the  detailed case from my website.

I can say as a matter of objective fact that Blair is at the  least very wary of me. There is first the amazing fact that  Blair and his wife were willing to get involved in a criminal  prosecution involving me during the six most important weeks  of Blair’s life – the 1997 election campaign. The killer fact  for them is that they did not go to the police when I sent  them the letters but only after I circulated to the media the  letters and the replies I had received from their offices.

Second, is the remarkably experience I have had with the  police since 1997. I made various formal complaints against  the Blairs and the Mirror in 1997 and several since  due to  various attempts in internet  newsgroups  to incite  violence against me.  against me.

Normally such complaints would be dealt with by a detective  sergeant. To date I have dealt with a Det Chief Supt (head  of the Met’s Dept of Professional Standards, a very powerful copper indeed), a Scotland Yard Det Supt and two Det Chief  Inspectors. All came to my home when I requested it. That such senior officers have been assigned to my complaints  shows that the police and Blair are colluding when it comes  to dealing with me.

Consequently, if the authorities think you will be putting  me in the witness box, they will probably chicken out.

The best public document relating to me to wave at them is  the EDM put down by Sir Richard Body, viz:

On 10 November 1999, Sir Richard Body MP, put down this  Early Day Motion in the House of Commons:

That this House regrets that the Right honourable  Member for Sedgefield [Tony Blair] attempted to persuade the Metropolitan Police to bring criminal  charges against Robert Henderson, concerning the Right honourable Member’s complaints to the police  of an offence against the person, malicious letters and racial insult arising from letters  Robert Henderson had written to the Right  Honourable Member complaining about various  instances of publicly-reported racism involving the  Labour Party; and that, after the Crown Prosecution Service rejected the complaints of the Right  honourable Member and the Right honourable Member  failed to take any civil action against Robert  Henderson, Special Branch were employed to spy upon  Robert Henderson, notwithstanding that Robert  Henderson had been officially cleared of any  illegal action.

Yours sincerely,

Robert Henderson 4 7 2005


To:                      Robert Henderson <philip@anywhere.demon.co.uk>

Subject:              Re: Suggested action you should take

From:                  BNP Chairman

Date:                   05 July 2005 13:31:35

Of course. Thanks – though I usually tell lawyers that I think Will Shakespeare had the best idea about how to deal with them, and generally they take it well as they know deep down that they’re parasites.



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