Posts Tagged ‘Hindenberg’

Tory Lawbreaking Mentality: The Fuhrer Protects Justice

September 10, 2020

Zelo Street has put up an article today further exposing the Tories’ proposed legislation breaking our previous agreements with EU. It quotes from the FT’s article about this, noting that the new law goes much further than has been commonly reported and enters a world of such official contradiction that not even Orwell predicted it. Zelo Street writes

‘Take, for instance, the last line of Paragraph 44, which says simply “Certain provisions to have effect notwithstanding inconsistency or incompatibility with international or other domestic law”. So it’s illegal? No problem – it’s now legal.

‘The scope of the proposed legislation should also give concern: it defines “relevant international or domestic law” very broadly indeed. Included here are “any provision of the Northern Ireland Protocol … any other provision of the EU withdrawal agreement … any other EU law or international law … any provision of the European Communities Act 1972 … any provision of the European Union (Withdrawal) Act 2018 … any retained EU law or relevant separation agreement law”. And then it goes further. Much further.

Here we proceed through the looking glass: “any other legislation, convention or rule of international or domestic law whatsoever, including any order, judgment or decision of the European Court or of any court or tribunal”. It is possible that even the Enabling Act passed by the Nazis in 1933 was less blatant in its disregard of democracy.’

This a fair comment. One of the accusations used against Jeremy Corbyn, if I remember rightly, was that he approved the quote ‘everything Hitler did was legal’. But the quote was correct: Hitler’s rise to power was entirely constitutional. As was his passage of the Enabling Act, the law which granted him absolutely power as dictator. The German constitution provided the head of state to take absolute power and rule by decree during a period of emergency, which could last up to four years before expiring. Then the law would have to be renewed. Hindenberg, the last German president, was already ruling by decree thanks to a deadlocked Reichstag in which none of the parties had a majority and the pillars of the German Weimar coalition were now no longer working with each other. After the Reichstag fire, the Nazis were able to declare a state of emergency. And so Hitler became constitutionally Germany’s absolutely dictator. And every four years, he recalled the Reichstag, packed full of Nazis who were the only permitted party, and got it to renew the declaration of the state of emergency.

Even the massacre of the SA during the Knight of the Long Knives had a legal justification. It was formulated by the brilliant, radical right lawyer Carl Schmitt, who later became disenchanted with Hitler and his murderers. He published a piece ‘The Fuhrer Protects Justice’. Roughly summed up, the argument was that Germany had entered a state of lawlessness. In order to restore law and order, any actions by the authorities were justified, even if they in turn broke the law.

The Tories didn’t get their ideas about passing legislation allowing the violation of existing laws and international treaties from the Nazis. I believe a more immediate inspiration was George W. Bush’s odious Tort Reform law over in the Land of the Free. The Smirking Chimp wanted to help firms get round laws guaranteeing certain workers’ rights. Instead of repealing the legislation, his way of circumventing them was to pass another law, which banned anyone from using them to sue their employers.

Passing one law to make another illegal. That’s what Shrub did, and what the Tories have done now.

This comes on top of Priti Patel continuing her attacks on ‘activist lawyers’ trying to protect the rights of asylum seekers crossing the channel in flimsy, dangerous boats. Even after her department was told that such language was illegal.

Zelo Street’s article quotes lawyer and commenter David Allen Green on the Tories’ move to illegality:

‘“The Conservatives, once the part of law and order, are going to deliberately break the law … on the issue of State Aid, a legal cornerstone of Thatcherite economics … because they agreed a border in the Irish sea, even though they are nominally a ‘unionist’ party. Weird”.’

He also quotes Thatcher herself, who told her party at their 1975

The first duty of Government is to uphold the law. If it tries to bob and weave and duck around that duty when it is inconvenient, if Government does that, then so will the governed, and then nothing is safe – not home, not liberty, not life itself”.’

He then dryly remarks that they used to revere her every world, and concludes:

Any MP who votes in favour of this Bill is not only not a democrat, but is unfit to serve. We have arrived at a dangerous moment. Britain is close to becoming a very dark place.

Absolutely. This is a real step towards the creation of a lawless, authoritarian state where legislation can be invoked or violated at whim like Putin’s Russia.

To mangle one of Orwell’s metaphors from 1984, the Tories are taking out the jackboot ready to stamp on our faces forever.

See: https://zelo-street.blogspot.com/2020/09/tory-law-avoidance-law-revealed.html

Johnson’s Yellowhammer Coup – Prepared by New Labour?

September 22, 2019

This fortnight’s Private Eye, for 20th September – 3rd October 2019, carries an article on page 12 confirming that Project Yellowhammer includes plans to draft military personnel into the ranks of local government officials in the event of chaos following a No Deal Brexit. The article also claims that this is based on legislation, which includes the suspension of civil liberties,  passed 15 years ago by New Labour. The article, titled ‘Not-So-Secret Army’ runs

The last Eye reported on Operation Yellowhammer’s contingency plans for the army to take over local government in the event of a “no deal” Brexit. In response to the article, various navy and air force officers have come forward to confirm that they too have received instructions to take over key civilian posts in local government under the Yellowhammer plans.

Furthermore, they take issue with ministers’ pretence that the leaked August document was already “out of date” and had since been updated. “Many of these documents haven’t been updated since May, or even March,” one officer says, “because we kept being told that it looked bad to be seen to be making preparations for ‘No deal’ when the government wasn’t really expecting ‘No deal’; and so we were told to stop making preparations.

The placements are being made under the Civil Contingencies Act 2004, which provides for emergency transfers of power between public servants. While there has been feverish speculation among Leavers and Remainers as to what would happen if the act were ever invoked, it ignores the fact that Yellowhammer already involves triggering the act.

As was pointed out by peers and constitutional experts at the time of its passing, the legislation is severely flawed. Once triggered, it allows the government to bypass parliament and over-ride existing legislation by having “a senior Minister of the Crown” issue “temporary emergency regulations”, valid for 30-day renewable stretches. It even enables habeas corpus to be over-ridden – as well as the Bill of Rights, the succession ot the monarchy, the five-year time limit on parliaments and the checks on a prime minister’s power to appoint an unlimited number of peers. Back in 2004, these were all specific areas where Tory and Lib Dem peers tried to insert some safeguards, but without success.

Fifteen years on, Labour politicians may now be kicking themselves for having passed this legislation, which would give Boris Johnson and his inner circle such far-reaching powers after any “no deal” Brexit.

In my last piece about the Project Yellowhammer plans, I compared it to the way the Nazis seized power in Weimar Germany using legislation that provided for dictatorial rule during a state of emergency. Cooperation between the four parties that had provided democratic government during the Weimar Republic – the Social Democrats, the Catholic Centre Party and the two Liberal parties – had broken down. The Reichstag was at an impasse and the President, Hindenberg, was ruling by decree. He invited the Nazis into power to break the deadlock. They used the Reichstag fire to declare a state of emergency, and immediately seized power. In the following weeks the other parties and the trade unions were banned, Hitler declared Fuhrer, and the anti-Semitic legislation put in place. Jews, gypsies and political prisoners were rounded up and sent to the concentration camps. This further information on the legislation underpinning Yellowhammer makes the similarities even closer. Frighteningly closer.

However, if the article is trying to discredit the Labour, it doesn’t quite manage it. The Civil Contingencies Act was passed by Blair, Brown and New Labour. Who were very definitely authoritarian, as shown by Blair’s determination to silence and expel any opposition within the party. And which is shown today by the Blairites’ determination to do the same to Momentum and Jeremy Corbyn’s supporters, using fake accusations of anti-Semitism. Blair was a Thatcherite, and his policies reflected the demands of the right-wing political and industrial elite. He ignored the party’s base in favour of political donors, who were allowed to shape government policy and even staff government departments. He obeyed the City’s demands for light financial regulation, listened to the same right-wing think tanks and private healthcare companies that influenced Peter Lilley and John MajorAnd he was also guided by the right-wing, Tory press, particularly Murdoch’s vile rags. New Labour under Blair was another Tory party.

Blair was also anti-democratic in that he tried to pass legislation establishing secret courts, in which the normal laws of evidence did not apply if the government decided that it was for reasons of national security. The press and public were to be excluded from these trials. Defendants and their counsel need not be told, contrary to natural justice, who their accuser was or what the evidence against them was.

But Blair was not alone in trying to pass this. When they got in, the Tory-Lib Dem coalition actually did it.

And the coalition also removed the right of habeas corpus

So much for the Tories’ and Lib Dems’ concern to preserve  constitutional government and Britons’ historic civil liberties.

Since then, however, the leadership of the Labour party has changed. And Jeremy Corbyn has a very strong record of voting against the government, including Blair’s. If anyone can be trusted to block the operation of this pernicious legislation, it’s him. Despite the fact that Eye has been as bug-eyed as the rest of the press in trying to smear him as an evil Communist/ Trotskyite/ Stalinist, who will stamp his iron heel on this country’s free people. Particularly the Jews.

The truth is undoubtedly the opposite. Against this government and this plan, the only people who are going to stand up to preserve democracy is a Corbyn-led Labour party. It certainly will not be the Tories under Generalissimo Boris and their collaborators, Swinson’s Lib Dems.