Honesty, good faith and genuineness

A friend asked me to look again at Evangelou vs McNicol, which I did, by looking at Evangelou vs Mcnicol Appeal Judgment 20160812

The clause that interests us all is,

24. In the present case, there is no challenge to the rationality of the eligibility criteria and the freeze date, and they are only said to be unauthorised on the true construction of the contract. It is, however, relevant to note that a discretion conferred on a party under a contract is subject to control which limits the discretion as a matter of necessary implication by concepts of honesty, good faith and genuineness, and need for absence of arbitrariness, capriciousness, perversity and irrationality: see Sochimer International Bank Ltd v Standard Bank London Ltd [2008] EWCA Civ 116, [2008] Bus LR 134 at [66] and Braganza v BP Shipping [2015] UKSC 17, [2015] 1 WLR 1661, and the cases on mutual undertakings and bodies exercising self-regulatory powers mentioned at [47] below.

I have written about this previously on the ruling, and about irrationality, however I have previously focused on the absence of of arbitrariness, capriciousness, perversity and irrationality, but looking at the current so-called evidence definition for proscription hearings, I come to the conclusion that  equally important are honesty, good faith and genuineness. I should always have started there! …

Labour in London, not so good

Labour in London, not so good

Even now, on Saturday morning, it’s probably too early to say what the local elections mean politically. I feel I made a mistake commenting too early last year.

Over the last two days, the story has been that Labour did well in London; there are two punctures in that balloon, Harrow and Tower Hamlets. I believe these losses are caused by a sickness in both the Labour Party and possibly in society itself. In the Labour Party left-right factionalism allied to ultra-communalism/ethno-nationalism has broken both the Party and its connection with its electorate. When one stirs in two spoons of careerism this becomes deadly to the Party and to democratic politics.

I thought Harrow was vulnerable from looking at the Mayor & GLA results last year, as the early declaration of the Harrow & Brent seat results in the GLA elections (last year) had given us all a squeaky bum moment. Given that both councils were Labour, it was expected that there would be a strong vote for Sadiq; there wasn’t. Closer examination of the results suggested that Labour would  Harrow council; I thought that the polling predicted swing to Labour across London would be enough to save it. I was wrong.

The Tower Hamlets result is the culmination of 11 years of bad politics in both the Labour Party and Tower Hamlets; the community is now split on ethnic grounds. Some say it was the poor policies of Mayor Biggs, particularly on liveable streets/low traffic networks which was seen by many as serving the interests of a middle class party against the interests of brown (& white) working class who needed the mobility. In addition, the cuts, in public nurseries, and the notorious ‘fire and re-hire’ programme of the Mayor were unpopular with the Party and the community. This loss is made worse, for Labour, by last year’s referendum in TH to retain the Mayoral system in which Bigg’s Labour campaigned to retain it. My feelings on Mayors is well publicised but it’s possible that Aspire would not have been able to do so well if there wasn’t a ‘whole boro’ mandate being sought.

In Harrow, Labour lost to the Tories, and TH to Aspire. Harrow is over 52% ethnic minority and over 26% Indian, Tower Hamlets has over 55% ethnic minority and over 32% Bangladeshi.

While it is easy to name names in those two borough Labour Parties the true sickness is in Labour’s governance. London Labour has colluded with the leaderships of these two borough parties, specifically the MPs, and in the case of Tower Hamlets for over a decade. This is reinforced by McNicol’s attempts to use senior regional staff as weapon in the factional war, and then Evans’ redundancy programme. I believe that there are only two field/campaign staff left employed by London Labour.

Big governance decisions are not being taken with a view to building a democratic campaigning party or even a democratic parliamentary party. Wrong things have happened and are still happening.

There are plenty of people arguing that by prioritising a ‘blue labour’ policy vector, that Starmer’s Labour is telling the new members of Labour’s coalition that it has nothing to offer them and in doing so jeopardises the support of the young, workers, renters and ethnic minority voters. The relatively good results for the Lib Dems and Greens (& Aspire) shows that people do have somewhere else to go, and some have found out.  …

Labour & NATO

nato flag and badges

The Times ratchets up the argument in the Labour Party about NATO by repeating threats against those, including MPs, who take a more critical view of its history. A friend writes to me.

… it’s an interesting debate as to the role of NATO. The destruction of Libya and role in the Balkans doesn’t do wonders for its reputation. Yet I see Kier is concentrating on those MP’s who possibly question NATO’s role in conflict.

Haven’t we got more pressing priorities with this government both at home and abroad?

In my humble view the rhetoric of this government is very dangerous and upping the ante with Russia. Our leader needs to be urged to urge rapidly [that] Truss and Johnson to tone down their words of incitement.

We are an outlier in Europe after Brexit they are making us an outlier with our NATO partners.

This is not about opposing arming Ukraine or opposing NATO but opposing childish bellicose language from our Government to mask its other areas of scrutiny

Anonymous

It is a serious problem that Labour’s front bench seems more concerned with fighting it’s left wing, and not opposing the stupid, uber-military virtue signalling by this Government, led by a lazy man-child who if he has any sense of military strategy has learnt it from playing Risk. I think that the Tories’ boasting and grandstanding is unhelpful to the people of Ukraine and designed for home consumption but is in fact dangerous; it’s the Tories’ equivalent of ‘come on if you think you’re hard enough’. For the record, I believe that NATO is necessary, Russia’s invasion of Ukraine shows that. Finland & Sweden’s reaction is obvious and if they decide to join should be supported.  …

Memories are made of this

Shrimsley in the FT reckons (£|θ) Starmer has long way to go to emulate Blair. He argues that if Starmer doesn’t define himself, then his enemies will do it for him. An interesting insight given what his advisors are leaking (£) to the Times. Shrimsley also argues that Blair focused ruthless on voters, not members or activists although I wonder if that trick can off pulled again but the biggest jog to the memory was the pledge card; and Labour cynics just thought it was important to say anything other than “to secure for the workers by hand or by brain the full fruits of their labour by the public ownership of the means of production, distribution and exchange.

This shows how far we’ve come, in 1997, I wished for more radicalism, today, this would be welcome, although as a harbinger of the government’s programme, nothing on housing nor employee protection.  …

Is there a Starmer Project?

Is there a Starmer Project?

Oliver Eagleton has had a book, “The Starmer Project” published by Verso. Eagleton is the assistant editor of the New Left Review and has been doing the circuits to get the book some publicity. I placed my order late last week. It has been previewed by Eagleton himself on Novara Media, and reviewed by Richard Seymour in the New Statesman (£).

Eagleton compares Starmer with Blair, and finds him wanting as, he argues, does Blair, whom he suggests is exploring a Macron like personality based centrist project. Eagleton argues that despite Blair’s essential centrism, his politics had an optimism, originality and Blair was a great orator although, on the downside, he accuses Blair of introducing a crime for each day of office and he went to war in Afghanistan and Iraq and lost 5m votes between 1997 and 2010. He argues all that’s left for Starmer is the authoritarianism and the need to expunge left social democracy as a political option for Britain. Eagleton also notes that Starmer’s cleaving to the Tory agenda is a result of Labour’s unwillingness and lack of ambition to rebuild/build a winning electoral coalition. Eagleton also did an interview with Caitlin Doherty of Jacobin which reprises these arguments and also reinforces the argument that Starmer is a bureaucrat, which is one of the reasons that Starmer’s attack lines are about managerialism and competence, and not on policy values. It’s a sad observation that the anti-corruption legal remediation comes from NGOs such as the Good Law Project.

Seymour writes a pen picture of Starmer’s route to today, his youthful leftism, his early days as a human rights lawyer, his slow route to becoming the DPP and his record in that role. Seymour summarises the position in 2015 as

By the time Starmer launched his political career in 2015 as Labour MP for Holborn and St Pancras, his radical days were behind him. He was a middle-of-the-road Atlanticist with close ties to the state. A number of “activists”, including City financier Paul Myners and Guardian journalist Polly Toynbee begged him to stand in the Labour leadership contest in 2015. He declined, backing Andy Burnham, with whom he was politically aligned, while favouring economic austerity and a tougher line on immigration. 

Seymour – New Statesman

I cannot believe the hubris of suggesting an MP with no time in the House of Commons stand for Leader; it’s on par with appointing people with no election campaigning experience to senior roles in the Labour Party’s organisation and field operations teams.

Seymour looks at Starmer’s role in Corbyn’s cabinet as the shadow spokesperson on Brexit. This is where I part company with Seymour. Labour’s slow move from a worker’s Brexit to a second referendum was driven by three things. The first, the unacceptability of the Tories terms, whether May’s or Johnson’s. Neither Labour Conference nor the 2017 manifesto agreed to “Brexit under any terms”; Fisher, its author, always reminds people, that Labour supported the results of the referendum, provided the terms were acceptable. Secondly, the majority of Labour’s members and voters wanted a second referendum and wanted to remain, much of Labour’s astonishing performance in 2017 was due to remainers having nowhere else to go with only Labour offering any hope of either better terms or remaining. This support within the Party for the EU and the obvious economic damage is what led Corbyn’s closest and longest term allies to come to the conclusion that the Tory Brexit had to be stopped. They became more public after #lab18 and Starmer’s speech. The third factor is that an influential faction within the Labour Party wanted Brexit on any terms; it proved impossible to persuade them to co-operate with the Party and its whip and their parliamentary allies were encouraged by senior members of Corbyn’s office. The reality was that there was no path to Lexit and while Seymour presents Corbyn as seeking to find one, it was never on the table and I question Corbyn’s commitment to it; LOTO were freelancing. May would not or could not compromise enough to get Labour on board and Seymour is silent on the role of Labour’s so-called Lexit MP votes in the meaningful votes (or on medium) in the Spring of 2019 which in retrospect can be seen to have sunk any chance of remaining and although not known at the time sank Corbyn’s leadership. If anything, Starmer’s ’18 speech prolonged Corbyn’s leadership; his interventions on immigration were unhelpful to the Remainer’s cause and to Corbyn.

I have no doubt that many of those inside the Labour Party campaigning for a second referendum did so in bad faith and in the hope of bringing Corbyn down, but not all and the so-called praetorian loyalists who wanted Brexit played into their hands and eventually legitimised the votes of those who voted for Johnson’s Tories for the first time because they too wanted Brexit.

Starmer in his election run for leader did not mention Brexit or the EU and neither did his 10 pledges. This was an obvious clue for those for whom Brexit was the critical issue. Throughout the Corbyn leadership, Starmer has been poor on immigration for instance insisting on toughening up the words in the ‘17 manifesto, other events are listed in Seymour’s review. He was not a serious remainer. Many Labour remainers will have voted for Starmer, but must be disappointed although the clues were there. Some of them have left.

I sort of wonder, why did he lie in his 10 pledges. Has he been captured by the progenitors of New Labour? Or as Seymour says, is triangulating with the Tories where he always wanted to go. Seymour also suggests that oddly like Johnson, the ambition to get the job, is more than the ambition to do something good. There is no doubt he has powerful friends and allies who sustain him in his uber-factional, yet politically empty project.

To get more of the story, we’ll have to wait for Michael Chessum’s book, “This Is Only the Beginning: The Making of a New Left which is not yet available; I am also hoping that Michael looks at the efforts of Labour RemaIN as Labour’s self-destruction over Brexit probably started within that campaign, or even in the seventies when Wilson allowed the Cabinet to do what they liked. This established the precedent that unlike elections, Labour members could campaign against the Party. …

Is exit from the single market dead?

Is exit from the single market dead?

This needs to reported; the UK Government, is postponing the introduction on import checks on goods arriving from the EU. The announcement was made by the Minister for Brexit Opportunities Rees-Mogg. It is reported in the Guardian with the following comment,

You read that right. Jacob Rees-Mogg, arch-leaver and longtime loather of the EU, is now parroting lines from the remain campaign. He is admitting that implementing Brexit in full, honouring the 2016 promise to take back control of Britain’s borders, would be “an act of self-harm”. There’s plenty to attack here, starting with the nerve of hailing this move as “saving” Britons £1bn, when this was £1bn that Britons would never have had to spend at all if it hadn’t been for Brexit. Or you could share the outrage of British farmers, appalled that, thanks to Brexit, they have been left at a serious competitive disadvantage: they now face onerous and costly checks when they ship their goods across the Channel, while French, Italian or Spanish farmers face no such hassle moving their products in the other direction. Or you could worry along with the British Veterinary Association, which warns that not checking food imports leaves Britain exposed to “catastrophic” animal diseases such as African swine fever – a risk that was reduced when Britain was part of “the EU’s integrated and highly responsive surveillance systems”. Or you could join the lament of the UK Major Ports Group, whose members have spent hundreds of millions of pounds building checking facilities, which now stand unused as “bespoke white elephants”.

Jonathan Frredland – TheGuardian

The BBC also report with a comment from Faisal Islam, their economics editor, although they find a quote to illustrate the benefits, or at least the avoidance of further harm. This is the fourth postponement. The critical politics is that this Government, things that the customs checks are a harm.

Luke Cooper of Another Europe, in an article on Brexit Spotlight also highlights the announcement and concludes with,

This is why the Rees-Mogg announcement shows that the game is up for the British exit from the single market. … This [the asymmetric checking system] is self-evidently unsustainable. If the most nationalistic government in recent British history is not able to fully extricate the country from the European market, then it simply isn’t possible. The question now is when – not if – Britain re-joins the single market.

Luke Cooper – Another Europe

At the beginning of the year, I thought that the critical failure of exit from the single market would be in Northern Ireland but maybe not; the new lorry park in Kent is another pressure point and a number of EU exporters were just giving up on the UK as a market. …

Miscarriage of Justice

I am reading the Secret Barrister’s first book, I provide a quote,

“In the Crown Court, I have prosecuted many appeals from the magistrates’ court of unrepresented defendants and have lost count of the number of cases where there has been a conviction that is completely wrong in law, or completely wrong in evidence, the fact of which only emerges upon close inspection of the papers. “

The Secret Barrister

If the courts get it so wrong, and when we examine the Labour Parties rules …. …

CoFoE, Climate Change, environment and health.

Those of you following me, know that I have been following the EU’s Conference on the Future of Europe. I have been mainky tracking Citizen’s Panel 2 on Dempocracy and values, but also reviewed ECP 4 and their recommendations on Migration. I have had a brief look at ECP3’s Climate Change and Environment proposals; I looked at these in January and the proposals that made the final plenary will differ.

I made a word cloud of the proposals other than health. Carbon should read carbon reduction, but the generator wouldn’t work with such a long phrase. I have created summary keywords for each proposal, this would be better if I had crowd sourced this allocation stage, but I didn’t.

Word Cloud, ECP3, Climate, environment & health

The Citizen’s panels full proposals are published by the Conference. The panels work in sup groups and so can produce multiple, very similar recommendations.

My highlights are that the panel recommends, the reinforcing of the health care system and the assumption by the EU of competency for health with equal access for all. It also takes a powerful stand for a sustainable energy economy, together with transport system reform: more public transport, particularly buses and trains.  …

No to offshoring!!

No to offshoring!!

Boris Johnson and Priti Patel have finally pressed the button on their plans to ‘offshore’ asylum processing, Labour’s Yvette Cooper, labels this shameful, unworkable, unethical & extortionate. The Independent reports on previous countries attempts to ‘offshore’ refugee reception their failure, cost and disgraceful conditions applied to people who have done nothing wrong. It also seems the Government plan to use the military instead of Border Force. This is truly outrageous.

Labour Campaign for Free Movement have called for a demo outside the Home Office tonight.

No to Offshoring Demo 14/4/22
No to Offshoring

And some campaigning comrades, have started a petition,  Stop Priti Patel’s offshore refugee camps – Ripples

And then there’s those who think it’s a dead cat to distract from the partygate fines.  …