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Oh aye Harry?

Harriet Harman, the Labour deputy leader, is being investigated by police over allegations she left the scene of an accident after hitting a parked car while talking on her mobile phone.

According to witnesses, Miss Harman, who is Leader of the House of Commons and Minister for Women and Equality, stopped initially but then drove off without giving her insurance or registration details. The offence carries a possible sentence of six months in prison.

However aides said she \”strongly refutes\” the allegations, but added that she was \”co-operating fully\” with the police.

Miss Harman, MP for Camberwell and Peckham, is said to have told a witness who approached her car: \”I\’m Harriet Harman – you know where you can get hold of me\”.

Start ritual cries of \”one law for them and another for the rest of us\”…..

So, here\’s the question. If she did do it, is it a resigning matter?

Amazing, eh?

NY Times front page.

Two-year-old Evan plays with his dads, Kevin Yoder, right, and Harvey Hurdle. From health care to family planning, life is more expensive for same-sex couples.

Amazing, truly. You mean a sexual partnership where they need to purchase gametes is going to be more expensive than one where one or other of the partners generates them for free?

Astonishing what you can find out in the newspapers.

Ummm

Although both fin and minke whales are protected under the Convention on International Trade in Endangered Species, Iceland, Norway and Japan have officially objected to the listing, exempting them from the ban.

So, whale hunting in Iceland is not illegal then.

Iceland’s outgoing Government last year increased its quota of fin whales from 9 to 150. Expectations that the new Government would reduce this were dashed in June when the quotas of both fin and minke whales were increased to 200 animals a year.

So, hunting up to 200 whales of each species a year in Icelandic waters is not illegal then.

The Department for Environment, Food and Rural Affairs, joined by 25 nations including the US, sent a formal diplomatic protest to Iceland about the illegal hunting, which has killed 125 fin and 79 minke whales this season.

So what\’s this crap about hunting whales in Icelandic waters being illegal then?

It can be all sorts of things: silly, wasteful, immoral, something we don\’t like, but it ain\’t illegal under either international or national law, so what gives?

Fool

An IT expert who produced fake train tickets worth more than £12,000 has been spared jail.

Jonathan Moore, 27, used his laptop to create near-perfect copies of season tickets that allowed him to travel free for two years.

His fraud was discovered only when a ticket inspector on a train to Brighton noticed a variation in the colour of the ticket. A further 11 forged tickets dating back to 2006 were discovered in the plastic wallet in which Moore kept his ticket.

He got charged the full cost of all of the old tickets.

Silly boy: the first rule of any scam is that if you\’ve got away with it then destroy the evidence that you have. Then if you do get caught it\’s a \”first time tryout Guv\’, yes, I know I\’ve been silly, sorry.\”

But that\’s why you read this blog, right? To find out how to fiddle the system?

OK, so this is an attempt at satire

But still:

Too busy doing what, I used to wonder. The answer was that he and his brethren were plotting a future in which all writers and musicians would be at the mercy of the mathematicians and the electronic and numerological world they have created. Art is now content. It merely embellishes a \”platform\” of the kind I struggle to read about in the media pages which are now indistinguishable from the technology pages.

Content can be, and is, downloaded – meaning \”stolen\” – at will, and the mathematicians have appropriated a sinister strain of vacuous hippydom in order to justify this theft as a function of individual freedom.

Sigh, it was the art types of the previous generation who were running around screaming that \”property is theft\” and insiting that everything should belong to \”the people\”.

Hoist and petard come to mind: it\’s all very well when it\’s the manufacturing companies and the fine houses that are being appropriated \”by society\” but it\’s a lot less fun when it\’s your own work, isn\’t it?

Erm, no Polly

He will double magistrates\’ sentencing powers, but prisons are already twice as full as when the Conservatives left power.

No, he\’s not suggesting that magistrates should be able to double the sentences for those crimes which come before them. He\’s suggesting that crimes which carry double the potential sentence that Magistrates can currently impose should be heard by Magistrate\’s Courts rather than Crown Courts.

There will be no increase in sentences: just a movement of cases from the horribly overburdened Crown Courts to the Magistrate\’s.

To clarify, crimes which carry a potential 6 month sentence are heard in the Magistrate\’s those with higher than that in Crown Court. Cameron is proposing that Magistrate\’s should hear more of extant cases, not that more cases be heard nor that sentences be increased.

There\’s a good civil liberties argument against this: which is that only in Crown Court can you get a jury trial. If you\’re potentially going to be locked up for a year, perhaps you ought to be able to insist upon a trial by your peers? Whether that argument against the idea holds up depends upon whether you\’ve still the choice as the accused to opt for Crown rather than Magistrate\’s.

In short, Polly\’s blathering because she\’s got the wrong end of the stick.

Have a look over here

This is really rather good.

No, really, a balanced piece about the so called neo-Nazi supporting MEPs that are part of Cameron\’s group in the European Parliament.

For Zuroff, the dispute over Baltic complicity with the Nazis in the second world war is part of a broader, contemporary campaign to whitewash history by equating Soviet communism with Nazism, making Hitler and Stalin twin and equal monsters. For many Jews, the unique horror of the Holocaust makes any such attempt to liken the Nazis to the communists highly offensive.

But in eastern European countries such as Latvia, only recently recovering liberty and independence, the Third Reich\’s invasion was followed by 45 years of Soviet occupation, and tens of thousands were hauled off to Stalin\’s gulag in Siberia. For them, likening German Nazis to Russian communists seems entirely valid.

The reason to go look is that it is in The Guardian.

Seriously, balanced reporting, who would have thought it?

Umm, no

Now Dominique Strauss-Kahn, who runs the IMF, has suggested an insurance fund paid for by banks to mitigate the risks they create. It echoes precisely the position we set out in The Sunday Telegraph Business comment last weekend when we said: \”In the normal course of events, however, if we accept that it is nigh-on certain something bad is going to happen, we try and insure ourselves to compensate for its effects.

That is assurance, not insurance.

Insurance is a pooling of unlikely but catastrophic risks: think house fire insurance, thrid party car insurance against crillping someone and facing medical bills for 50 years, getting some horrible and hugely expensive to treat form of cancer, death in a particular time scale.

Assurance is a method of saving up for something that is likely but not certain to happen: burial insurance (you might be lost at sea, after all) death (you might be carried to heaven on a fiery chariot, like Enoch) and so on.

If we\’re all but certain that a financial crisis will happen in the future (and I\’m certainly convinced that boom and bust *is* capitalism) and we want to store up resources in the good times to use then this is assurance.

This isn\’t just quibbling over language: the difference between assurance and insurance makes a difference to how you raise money, how much you raise and where you park it once you\’ve raised it.

Ritchie really is just quite unbelievable

I offer a post of his from today in its entirety.

When is a tax illegal?

Well, when it’s ruled so by a relevant body.

The EU did that to the UK yesterday. Mark Lee offers a thoughtful analysis here.

So, the UK has made a mistake. And it could cost £20bn – a 10% increase in the deficit – 20% of the cost of the NHS for a year.

To enrich banks.

I think some counter-measure is needed in the public interest. And I know the libertarians will scream and shout. And my answer is that the EU also has a concept of ‘unjust enrichment’. I think that should apply here.

For more than 20 years stamp duty reserve tax has been paid: few objected – and why should they when the charge is eminently reasonable? But HSBC has now. And the UK government has been found to have made an error.

At the very least a time limit for past claims has to be imposed. I really can’t see a significant tax increase to pay tax refunds to banks is going to go down well with any politician right now.

But let’s also go the heart of this: the EU dedication to the free movement of capital is at fault here. Why should there be that right when people do not share it, universally?

As Ritchie himself said just recently:

Let’s translate that: they’re saying “What can we get away with?”

Society cannot be built on this type of fraud. It creates cheats. It creates mistrust. It undermines trust.

Quite, if you cannot trust the government of the country then don\’t we all have some rather large problems*?

But don\’t you just love the manner in which Murphy R. frames the debate? It\’s about what is the popular will, about what politicians would like to do: nothing at all about the point that if we don\’t uphold the law then we are no longer ruled by the law (Cue Robert Bolt\’s Sir Thomas More speech here please…..).

* There are those of us who have known this for a long time but Ritchie still seems unpersuaded.

Quite

But our sense of self is a skewed one. We may be incorruptible at home, but when dealing with Johnny Foreigner all bets are off. The moral transgressor is the receiver of bribes, not the payer. It’s Johnny’s fault, of course; we can’t expect the same standards from a foreigner.

There was even a time, a quite recent time, when such bribes paid to Johnny Foreigner were tax deductible on the company P&L.

I\’ve even had the quite open conversation with an Inland Revenue man (as was then) as to what was an acceptable amount for me to claim as \”unreceipted expenses\” as business expenses while working in Moscow. The response was along the lines of \”well, yes, we understand that things are a little different there, there are a lot of things that you just can\’t get a receipt for. $200 a day would be about right we think.\”

But I would go much further about how and why bribery takes hold and the most important thing we ought to be doing at home to make sure that it doesn\’t. It\’s about the amount and detail of regulation.

There was a day when there was little detailed law in the UK. Little detailed regulation of the everyday that is. What law there was was either criminal law which (with some grating errors, like the criminalisation of consenting adult buggery and such) almost all supported or Common Law which again almost all supported. Other countries were not so lucky: they had the imposition from the centre of detailed laws, rules and regulation about what you could or could not do in matters of daily life. Perhaps my favourite example is the one that until after WWII you had to have the permission of Paris for a club which had any more than 25 Frenchmen in it. Yes, for anything, sports, debates, cookery, anything. We in England had been free of such since the 1650-1700 timescale.

So there was no point in bribery here in the everyday while in other societies it was not possible to do anything without it.

Yes, I\’ve lived and worked in a society where bribery is commonplace and yes, I\’ve done my fair share of it. From $100 to get a falsely accused driver out of a police cell through a few hundred to smooth over an expired visa all the way to handing over wedges of cash in \”commissions to agents\”. That\’s just the way certain places are (although I would note that all such were entirely legal under UK law when I was partaking of such activities).

What worries me about the UK, a country in which I\’ve never even considered paying a douceur for anything, not even an \”advance tip\” to book a restaurant table, is that now we\’re moving to that more Continental system of law, where everything is regulated, from what light bulbs you can use to how you can sort your rubbish, is that we\’re creating the same breeding ground for corruption.

Not something I consider an advance in our civilization, let alone our freedom and liberty.

Having our society run by the clipboard wielders will inevitably lead to our bribing the clipboard wielders to leave us alone.

Ah, no Hugo

I started thinking it last weekend when Andrew Marr asked the PM, effectively, if he was on antidepressants.

No, not really. That was the original allegation, yes, but not the question that was asked nor the one that was answered.

Andrew Simms

Oh my, you can just see him salivating, can\’t you?

A world in which there is much less passive consumption of goods and services is a world in which we do many more things for ourselves and each other. It\’s a world not of absolute but much greater self-sufficiency, at the national, local and even individual level. In other words, it\’s a world in which we have much more control over our own fate. A revival of real local democracy beckons in which we are more responsible locally for our own food, energy and the reciprocal delivery of services. With 86 months to go, that doesn\’t sound too bad to a public very jaded about UK politics – it may even sound infinitely preferable.

To the fields, peasants! Look, it\’s February, turnips again! Yum, Yum!

The guy wants us to go back to some Poujadiste conception of terroir. Local stuff for locals. Don\’t eat the cheese from the next county because it\’ll cause the kids to have one eye in the middle of their foreheads.

Of course, there will still be a place in London for poncey gits to tell us all how to hoe those rutabagas…..

Gosh!

The Samoans\’ community spirit and trust in each other are legendary, and they must also have trusted equally in the benevolence of the weather to build themselves houses without walls. The tsunami will have cruelly shattered that trust.

Tidal waves caused by earthquakes are weather now?

Hurrah! we\’ve found the missing link to connect tidal waves with climate change!

Well, yes, corruption abroad is a problem

I bumped into this saga in 2000 when we were proposing a big increase in aid to Tanzania in order to help fund universal, free primary education. One of the Department for International Development officials then informed me that an old proposal for the sale of a military air traffic control system, which had been blocked many years earlier, had re-emerged. The old proposal had been divided by BAE into two phases in order to make it appear cheaper.

My problem was that the increased aid would end up paying the BAE bill. Tanzania had recently received debt relief and one of the conditions was that it would not borrow money except on concessional terms such as those available from the development banks. Yet this project was to be funded by a loan from Barclays bank, which claimed to be concessional. Since Barclays is a commercial company, it did not seem credible that they would offer loans below market prices. The suspicion was that they had simply inflated the price and then pretended the loan was concessional.

Two lessons here: money is fungible and yes, there is indeed corruption in the governments of many African states.

Poses something of a problem for those who insist either that we should be giving more aid (for if money is fungible and there is corruption then even if they don\’t nick the aid they can steal from elsewhere and get the aid to cover the hole) of that we should be ensuring that all those evil multi-nationals pay more tax (for it might well get stolen, eh?).

These aren\’t the points that anyone wants you to take from the BAe/Barclays thing, of course. But there\’s no point in facilitating a thief if there ain\’t a thief to facilitate, is there? And it\’s the existence of the thief that is the ultimate cause.

So call me a deluded old patriarchal bastard if you must but:

Quint isn\’t the only one breaking taboos. It seems that menstrual activism (otherwise known as radical menstruation, menstrual anarchy, or menarchy) is having a moment. The term is used to describe a whole range of actions, not all considered political by the person involved: simple efforts to speak openly about periods, radical affronts to negative attitudes and campaigns for more environmentally friendly sanitary products.

I can\’t say that I detect all that much silence, shame or anything else in our society about menstruation. Sure, there are a lot of euphemisms for it (\”on the rag\” for example) but then we Brits use euphemisms for just about everything other than a plate of chips. (\”hand shandy\” for male masturbation, \”wallop\” for beer sometimes, make your own list.)

Certainly as a society we\’ve gone far beyond the Victorian (\”the womb weeping for the child is hasn\’t got\”) or the rather scary rituals about being unclean in both Orthodox Judaism and, I think, in Islam.

About the only interesting thing left to say about it these days is that women have many more periods than they used to. No, still one per month during the non-pregnant, non-lactating fertile part of life: but that non-pregnant, non-lactating part of fertile life is hugely larger than it was a couple of centuries ago in the days of sixth and tenth pregnancies.

Maybe that\’s why it\’s talked about more, simply because there is more of it?

Bad news for the idea of tax compliance

Our favourite accountant (yes, one Murphy, R) is fond of saying that we should never do any tax planning other than simply coughing up whatever it is that the authorities demand of us. Certainly we should never stoop to tax avoidance, that terrible idea of doing exactly what the law says rather than simply accepting the spirit of it. That is, don\’t pay attention to what is in the legislation, but attention to what those drafting it really meant: then sign the cheque and hand it over.

One little story that rather undermines that:

In a landmark case, HSBC has won a ruling that the UK stamp duty reserve tax it was charged when it bought CCF, the French bank, contravened EU law. The bank is now in line for a £27m tax refund.

Tax experts believe the ruling will set off a wave of similar claims from firms that have been involved in cross-border takeover activity in the past 23 years.

Stamp duty reserve tax was introduced to simplify the collection of stamp duty due on the transfer of shares in cross-border M&A activity. Rather than trying to collect 0.5pc of standard stamp duty on shares issued through a foreign clearing company or US depository receipts, the HM Revenue & Customs introduced a one-off payment of 1.5pc of the value of the transaction, called \”stamp duty reserve tax\”.

Craig Lesile, head of stamp taxes at PricewaterhouseCoopers said: \”The tax was designed as a season ticket – a one-off payment on the shares issued that would then make them exempt from stamp duty.\”

However, HSBC used an even older directive – the Capital Duty Directive of 1969 which banned capital duty on the issuance of shares – to argue that the UK\’s stamp duty reserve tax is incompatible. Following the ruling, HMRC said it would stop levying the 1.5pc tax immediately on share transactions using a clearing service elsewhere in the EU pending a review.

You see, sometimes the laws that are being enforced are in fact illegal themselves. The second of these laws is entirely clear: cough up the 1.5%. The intent of the law is also entirely clear: companies should cough up on capital transactions. Yet the first law makes both the details and the intent of the second illegal.

So where does this leave the argument that we should not obey the law as it is written and simply cough up under the intent? Rather tattered I would say, in that at least in this case the intent is directly illegal.

So, umm, no, we shouldn\’t just trust in nice Mr. Revenue to tell us how much the cheque should be, should we? In this instance they were wrong (that is, wrong in law) to the various estimates of £5 billion to £20 billion.

No, tax must be paid according to what the law says, not according to what those who wrote the law were thinking of. And we must have clarity about what that law is, not simply an assumption that it is whatever HMRC says it is.

It\’s a system known as \”the rule of law\” and it\’s one of the things that keeps this the relatively free country it is. Here\’s the rules, written down in this book. The social contract is that you obey them: and the other side of the social contract is that those rules, as written down in the book, are all the rules that you must, by law, obey.

Different emphases perhaps

Ritchie says that the Cayman\’s near going bust is all because they don\’t tax enough.

Other reports say something a tad different:

After lengthy wrangling, the British overseas territory on Wednesday confirmed that it has finally secured permission from the UK to obtain a CI$50m (£38m) bail-out loan to plug a 35pc-40pc collapse in revenue this year.

The island\’s government has also signalled that it is ready to cave into UK conditions on slashing government expenditure…

That, erm, actually, the government spent too much money in the good times, thinking that tax revenues would continue at their previously high rate.

Amusing that it is Gordon Brown\’s government (OK, the Queen\’s but…) which is making this criticism. And further amusing that Our Ritchie is backing the slashing of government expenditure:

This is welcome: the UK is using its influence appropriately to require reform that is good for Cayman and coincidentallty the world at large.

Really, most amusing.