Garters in a Twist 641


The House of Lords broke no constitutional conventions in referring back Osborne’s vindictive tax credit cuts. The Tories and their media supporters are talking utter garbage on the question. Taking Britain’s appalling “constitution” for what it is, the arcane rules of procedure were not breached.

Ever since David Lloyd George and Herbert Asquith forced, by threat of massive creation of peerages, the 1911 Budget through and with it the start of National Insurance and the demise of the workhouse, there has been a convention that the Lords do not oppose or amend Finance Bills.

But the tax credit cuts were not in a Finance Bill. Osborne instead tried to sneak them through by statutory instrument. This is secondary legislation whereby a Minister signs off laws under powers delegated to him by primary legislation. Secondary legislation gets much less parliamentary time and committee scrutiny. If Osborne had put the tax credit proposals in a Finance Bill, as they certainly should have been – it is Osborne who was breaking parliamentary convention here – rather than sneak them under the table as secondary legislation, the Lords would indeed not have been able to stop them without breaching constitutional convention. Which just goes to show it doesn’t always pay to be a weasel.

Osborne is hoist by his own petard.

Aah, Tories say. But there is another convention that the Lords do not block secondary legislation.

They are making that one up. There is no such constitutional convention and there are plenty of examples of the Lords blocking secondary legislation. There is a huge quantity of secondary legislation, thousands and thousands of laws – ministers continually are signing off legal changes.

But the entire basis of the secondary legislation is that parliament has delegated to ministers, in Acts, powers to sign off uncontroversial matter. This can be, for example, the detail of regulations needed technically to enforce primary legislation, and the occasional updates needed. Only a very low percentage indeed of secondary legislation ever gets queried by the Lords, but that is not because of a constitutional convention. That is because most of it is dull stuff. But when the government abuses its authority and tries to smuggle vital changes through secondary legislation, the Lords not only has the constitutional right to challenge this abuse, it has the constitutional duty to do so.

I wish they would do it more often. For example, when the Labour Party used Westminster secondary legislation to cede 6,000 square miles of Scotland’s sea to England without parliamentary scrutiny.

Finally, there is a constitutional convention that the Lords do not oppose manifesto commitments on which a government has been elected. But the Tories rather carefully did not put tax credit cuts in their manifesto, and indeed in campaigning said they would not do it.

The British constitution is appallingly undemocratic. The fact that an undemocratic chamber has fended off a proposal from an undemocratic executive which gained the votes of only 37% of the voting electors, is not a blow struck for democracy. It is however a temporary victory for human decency in mitigating an attack on the poor.

It is also an achievement for Jeremy Corbyn. Nobody can truly believe that Labour peers would have been organised to do this under Yvette Cooper or Liz Kendall.

UPDATE Wings Over Scotland has a very different take on the Labour Party performance. That the Labour Party was not radical enough to go for the “fatal” option I am afraid I find unsurprising. It remains a deeply conservative institution. But I had not previously encountered the argument that 90% would lose the money from universal credit anyway, and it is stunningly cynical. But on close consideration, I cannot work out what it means. Either there must be some additional cut to universal credit, or that those who lost tax credit could have regained it on universal credit anyway. If anybody could explain that one further, I should be grateful.


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641 thoughts on “Garters in a Twist

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  • lysias

    Spectacular claim about Hastert in the Corbett Report. https://www.corbettreport.com/the-real-hastert-scandal-pedophilia-drug-money-and-blackmail/comment-page-1/:

    Since 1996 the FBI has had tons of information on Hastert which was gathered in Chicago by the FBI’s Chicago Field Office. The incriminating criminal evidence in those files range from bribery, extortion, fraud, money laundering and embezzlement, to sexual crimes against minors and participation in foreign-operated drug operations.

    Since 1997 the FBI has had much hard evidence on Hastert gathered by the FBI’s Washington Field Office. The documented deeds range from espionage to foreign bribery.

    But that’s not all. The FBI also has had hard data on Hastert’s sexual violations outside the United States. The involved countries include Vietnam, Thailand, Turkey and Morocco, among others. This also included sexual favors as means of foreign bribery. Interestingly, the CIA had been documenting those sexual activities for many years, and not only on Hastert but on many others; elected and appointed.

  • lysias

    Corbett went on to make a prediction about the Hastert case that has now proved true:

    In short, this scandal is too deep, too dark, and covers too many people from both sides of the political aisle for it to ever proceed in public. If it were to be exposed it would uncover a tale of surveillance, scandal, drug money, child prostitution and blackmail that could blow up all over Washington and make Watergate look like a minor footnote in the history of political scandal.

    Knowing this, it comes as little surprise that Hastert’s legal team, already having been granted two extensions to continue negotiating a plea deal with prosecutors, pushed back the deadline for pre-trial motions to October 15th, when a trial date is expected to be set. All specifics about the case are being kept under seal since, as the AP reports, “Judge Thomas Durkin agreed to a request by the U.S. Attorney’s Office to keep materials secret, with prosecutors citing law enforcement and privacy interests.”

    If these accusations of the FBI insiders of an illegal, White House-approved surveillance dragnet are true, and if the scandal does envelop several high-ranking politicians and appointed officials in both the Democrat and Republican parties, it is not difficult to imagine that Hastert’s lawyers could graymail prosecutors, asking for evidence that the government could never turn over without opening up the whole scandal.

    And so we arrive at the present stalemate, where it looks increasingly likely that the case will be plea bargained away and further inquiry will be stopped before the case can be blown wide open.

  • Ben-Outraged by the Cannabigots

    Brian; Kudos on your research curiosity, Funny, ain’t it? The solution was under their noses all along, but similar to photovoltaics and turbines, there was pushback because of revenue shortfall projections for coal and gas industries that threatened the short-sellers and rewarded the long haul visionary types. This was not a sustainable notion. The short-sell was king and that’s how stocks and commodaties are sold by the hotshots of Wall St.

    Eventually they will come around after seeing the bennies (tax revenue). Then they will truly understand the addictive nature of cannabis. 🙂

  • giyane

    Lysias:

    “I wonder if the person who said that has ever been part of a bureaucracy.”

    Since you have been part of one, I wonder which you think bureaucrats ( e.g. CIA, Al Qaida, Mossad, CEOs MPs etc ) hate the most, a/ those of us who have never been any part of a democracy and who are innocent of bureaucratic systems or b/ those who belong to other bureaucracies who understand the bureaucratic process?

    In other words do you think he was imprisoned for being a free thinker, or for having been a part of the system? Sorry if that sounds like sea-lioning. I know of agents that have been tortured. They continue to be agents after being tortured to try and win back brownie points from their torturers.

    For myself, I am very shy of the corn trail leading to the noose.

  • lysias

    The 21st Amendment to the U.S. Constitution ending Prohibition was the amendment that was ratified by the states most quickly. Ratification by three quarters of the states is necessary for an amendment to be adopted, and that usually requires several years, when it can be done at all. But the 21st Amendment got the necessary number of ratifications inside of a year.

    The reason for the speed was that it happened deep in the Great Depression, when states were starved for revenue. Alcohol became a great source of tax revenue, once it was legal.

  • giyane

    A bureaucratic mind would probably consider CM blog as chicken feed leading to some kind of noose.

  • lysias

    Of course the people they hate most are people who understand the bureaucratic process but who have turned against it. People like Snowden. They consider them traitors.

  • RobG

    Lysias, Corbett is a CIA shill (and one of the worst).

    If you don’t believe me, give me a link to anything that Corbett says and I’ll tear it apart.

    The sad thing is that most people refuse to accept that they live in police states. The media is completely controlled, and that includes just about all of the so-called ‘alternate media’.

  • Ben-Outraged by the Cannabigots

    Prohibition is a good example of how so-called good intentions are the cheapest of all virtues. Just as P. funded, in greatest measure, organized crime aka Mafia, so too the South American Emirates of the drug trade have built substantial empires from this so-called ‘War on Drugs’.

    Now let me ask….if I had a product I wanted to sell and I wanted to increase the wholesale cost in the shortest time-frame, how might I accomplish along with the caveat that my cost would not increase one decimal point?

  • Ben-Outraged by the Cannabigots

    ‘wholesale cost’ should be ‘wholesale profit margin’ sheesh

  • giyane

    Thanks for your answer Lysias.

    Is it possible to be a traitor to a network of treachery?

    Why does a whistleblower join such an organisation in the first place? Was Snowden just originally excited as a nerd with the technical complexities of espionage?

    What about people like Libyan Abdulhakim Belhadj whom they sent to rendition in Libya and then put him in charge of the army that finished Gaddafi. Is it part of US strategy against Russia to allow Russia to attack Al Qaida and Islamic State? To convert a person’s idealism for jihad into a military helot?

  • BrianFujisan

    Fuck… one spends all day Making a Banner Calling Cameron a war Criminal…To take to Larges Tory Conference..then find oot it’s cancelled…

    Since When By the Way…did the Yes movement cause Violence

  • BrianFujisan

    Fwltea Towers ..some of what you say is Very true… the Blog is in Fine fettle.. I was wrong myself at one point.. but here we are still… Peace n light all

  • Herbie

    “Lysias, Corbett is a CIA shill (and one of the worst).”

    How do you work that out, RobG?

    You’ve mentioned this before, but still haven’t given your reasoning.

    Can you please do so now.

    Thanks.

  • Herbie

    Lysias

    The Hastert coverup story comes from Sibel Edmonds, a winner of the Sam Adams award.

    An article was published in Vanity Fair around 2006. All fact-checked and lawyered.

    She’s the one with the inside info, and has been publicising the case recently on her own website, and even taken to Redditt in desperation to get media to take more notice of her allegations:

    http://www.boilingfrogspost.com/

  • MJ

    “He would not have been held had there not been clear circumstantial evidence against him”

    Evidence of what? He was captured and handed over to the US by bounty hunters of the “Northern Alliance” who were paid $5000 a head.

    He may or may not have been involved in dubious charity work. He may or may not have been involved in the heroin trade and the NA were getting rid of the opposition. Who cares? He was imprisoned for 14 years without trial or representation and no evidence of wrong-doing was ever presented against him.

  • RobG

    Herbie, Corbett totally downplays Fukushima, which is the worst disaster in human history.

    Corbett lives in Japan and claims that things are totally safe.

    Just about all news reports prove otherwise.

    Corbett is not only a total (CIA controlled) prick, he’s also a propagandist of the worst kind.

    They’ve killed the Pacific Ocean, for fecks sake.

  • Herbie

    For those who are interested in paedophile management and coverup, US style, the whole case is discussed here:

    “The Real Hastert Case – All in One Place”

    http://www.boilingfrogspost.com/2015/10/19/the-peoples-campaign-the-real-hastert-case-all-in-one-place/

    Hastert held very high political office, as Speaker of the House. That’s the legislative equivalent of a PM, under the British system. Although lacking overt official executive power, the Executive can’t get much through without his asistance. Third in line to the Presidency.

    So, a biggie:

    “Dennis Hastert, 51st Speaker of the United States House of Representatives, serving from 1999 to 2007.”

    Important years, eh.

    https://en.wikipedia.org/wiki/Dennis_Hastert

  • Jives

    That Tory MP Philip Davies is it?

    What an horrific soul-less cojpassionaless individual.

    Beyond fucked up.

    What a despicable c****.

    I truly despair about these types

    On another note…didnt all us sane people here predict the troll onslaught about Shaker Aamar being dodgy cause there’s no “smoke without fire” and such other prerictable troll guff?

    Oh Gosh…its almost like some Govts pay them to spout their cheap troll drivel.

  • Rev 2:9

    The Beast of spin,deceit and drone assassinations is under attack externally by Putin and internally by Trump, VERY interesting times ahead under its lame duck POTUS. We will see a lot of its presstitutes and embedded assets in the IMF,Amnesty,HRW,etc being sacrificed in vain attempts to still con us the Emperor is really wearing clothes after all. Roth and Kelly will have to go totally ludicrous to convince us, with the truth warriors like CM,Greenwald,Snowden cutting through their deceit like hot knives slicing into butter.

    —-
    [ Mod: Please take care – using different handles on this site is not welcomed ]

  • Mary

    Robin Simcox was the Henry Jackson Society representative who appeared on the News at Ten last night.
    http://powerbase.info/index.php/Robin_Simcox

    From the opening segment on the Shaker Aamer release. The link expires at 6.30pm tonight.

    http://www.bbc.co.uk/iplayer/episode/b06kh4md/bbc-news-at-ten-30102015

    The Guardian have also given him space to air his views in his earlier capacity as a research fellow at the Centre for Social Cohesion.

    http://www.theguardian.com/commentisfree/libertycentral/2010/sep/15/control-orders-necessary-terror-suspects

    The Social Cohesion outfit, now extinct, was the forerunner to the HJS. In time, let’s hope that the HJS goes the same way.

    https://en.wikipedia.org/wiki/Centre_for_Social_Cohesion

  • Mary

    I can’t remember if I have checked the HJS out on the Charity Commission website. It does have charitable status. Charity for whom and for what purpose?

    http://apps.charitycommission.gov.uk/Showcharity/RegisterOfCharities/CharityWithPartB.aspx?RegisteredCharityNumber=1140489&SubsidiaryNumber=0

    Trustees

    MR STUART LENNARD CAPLAN
    MR DAVID RASOULY
    MR DAMIAN NOEL COLLINS
    DR ALAN MENDOZA
    DR BRENDAN SIMMS
    MS GISELA GSCHAIDER STUART
    MR Adam Levin

    Gisela Stuart has been a Labour MP since 1997 and Damian Collins has been a Conservative MP since 2010.

    Click on the names for other associations.

    Lord Trimble and Lady Dalmeny were trustees y/e Dec 2014
    Adam Levin became a trustee in July 2014

    Income £1,634,734
    Spending £1,776,066

    Most of the income is declared as ‘donations and legacies’. No other details.

    Mendoza, trustee, is paid £90k as its director.

    17 employees including Murray and Simcox presumably.

    On p 17, you can read about the Conference on Inclusive Capitalism. Attendees: Prince Charles, ex Pres Clinton, Christine Lagarde and Mark Carney. Complicated funding arrangements for that.

    There is an outstanding loan of £175k from Lord Harry Dalmeny, the ex husband of the former trustee Lady Dalmeny.

    HJS have loaned £80k to a wholly owned subsidiary Strategic Analysis Ltd. £69,304 is outstanding.

    http://apps.charitycommission.gov.uk/Accounts/Ends89/0001140489_AC_20141231_E_C.pdf

    Gisela Stuart has been backbench throughout.
    https://en.wikipedia.org/wiki/Gisela_Stuart

    Collins is PPS to Theresa Villiers, NI Secretary. She is CFoI.
    https://en.wikipedia.org/wiki/Damian_Collins

    Lord Trimble, ex HJS trustee, is associated with the Friends of Israel Initiative.
    http://www.friendsofisraelinitiative.org/article.php?c=84

    ~~~

    The HJS also have a company registration.

    https://companycheck.co.uk/company/07465741/THE-HENRY-JACKSON-SOCIETY/summary

    Mendoza, Rasouly, Stuart and Collins have other directorships. Click on their names and then Companies for more info.

    https://companycheck.co.uk/company/07465741/THE-HENRY-JACKSON-SOCIETY/directors-secretaries

  • Mary

    Sky are saying that a Russian Airbus A 321 has crashed in the Sinai. 224 passengers and crew. Sad news.

  • YouKnowMyName

    Those who allege that Shaker “was clearly up to no good in Afghanistan/Pakistan” should remember that POTUS himself is alleged to have learnt Pushtu/Pashto prior to deployment; was he “clearly up to no good in Afghanistan/Pakistan”?

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