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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  • BrianFujisan

    well said Twoleftfeet.. And now another baby is dead, Eight-month-old baby suffocates inside family home in village south of Bethlehem after Israeli forces fire teargas
    .

    Palestinians file new evidence of Israeli ‘war crimes’ to International Criminal Court

    The 52-page file submitted to the ICC contains details of alleged “summary executions, collective punishments, house demolitions and ethnic cleansing,” Saeb Erakat, member of the Palestinian parliament said in a statement as cited by AFP.

    https://www.rt.com/news/320203-palestine-israel-icc-evidence/

  • Monteverdi

    Lo Zuccone 7.22pm .

    A very poor and spurious attempt at last minute evasion . A ‘ forgery ‘ you say , only now claimed after a number of posts and counter posts all afternoon where you never decided to mentioned it in any of them . Now I note only claimed when I pushed you in my post at 5.08pm for a YES/NO answer on the language used by the IDF in the video .
    Habbabkuk was renowned for his wisdom , you it appears for your evasion .
    As the quote accredited to Mark Twain said .

    ” It is better to keep your mouth closed and let people think you are a fool , that to open it and remove all doubt ” .

  • BDS Now

    These yiddish and lithuanian ex-refugee apologists of this inch by inch creeping genocide of the Palestinians should be deported from England, including habba,Anon1 and AoC wellby too !

  • Mary

    Brian Often other toxic substances are included in what is referred to as ‘tear gas’ used by the IDF. It is terrible. I think of the 54 year old doctor who was asphyxiated in Hebron recently.

    Dr. Hashem al-Azzeh RIP

    A photo of him here with his little one.
    http://statecrime.org/data/2015/10/Hashem-and-630×380.jpg

    btw Ma’an News carry the report on the IDF threats to kill in Aida Refugee Camp. In 2006 3,260 people lived there in an area pf 66 dunams (0.1 km2 or 0.04 sq mi)

    ‘We will gas you till you die’
    http://www.maannews.com/Content.aspx?id=768559

    Satanic.

  • Mary

    Food for thought? Caution or do they know or suspect something?

    ‘Two major airlines say they will avoid flying over Sinai after a Russian plane crashed on the Egyptian peninsula, killing all 224 people on board.

    Lufthansa and Air France-KLM said they would avoid the route while the cause of the crash was investigated.’

    Sinai plane crash: Airlines review Sinai route
    http://www.bbc.co.uk/news/world-middle-east-34689870

  • Monteverdi

    http://www.jonathan-cook.net/blog/2015-10-29/shot-woman-israeli-police-alter-story-again/

    Twoleftfeet 7.57pm .

    You are indeed right to bring up Gerald Kaufman MP claiming many of these ‘ stabbing incidents ‘ do not stand up to close scrutiny .
    Jonathan Cook a journalist who lives in Nazareth deconstructs many of these incidents by the ever-changing stories from the Police or Military . Above the shooting of a Nazareth woman claimed to be threatening others with a knife at a Bus Station is shown to be highly dubious .

  • Mary

    4 mins ago.

    ‘A Russian aircraft did not lodge an SOS call before crashing in Sinai, killing all 224 people on board, Egypt’s civil aviation minister says.

    Initial reports from Egypt said the pilot of the Kogalymavia airline had asked to make an emergency landing.

    But minister Hossam Kamal said there had been no sign of any problems on board the flight.’

    http://www.bbc.co.uk/news/world-middle-east-34689870

  • nevermind

    Thanks Brian, Twoleftfeet and, BDS in a way. What do airlines suspect?

    Is it not possible to hack into a car management systems as they pass by or via the drivers mobile?

  • lysias

    Apparently bin Laden was the victim of an extrajudicial execution. Unlike the victims of drone strikes, like Awlaki, it would have been perfectly possible to capture him instead of killing him. In which case (at least if the official stories of what he was responsible for are true,) there would have been an intelligence bonanza from interrogating him.

    The fact that they did not capture him strongly suggests they did not think there was any valuable intelligence to be had from him. A conclusion that has momentous implications.

  • glenn_uk

    Lysias: Good point there. OBL would have had (if one was to believe the Official Story) no end of hot info to spill. He might have been willing to make some deal. The Yanks supposedly believe they can get solid, genuine information out of anyone with (nudge, wink), “enhanced interrogation techniques” – so why didn’t they want to do the same for the top man? Supposed chauffeurs for OBL (most likely some hapless goat-herded sold out to settle a dispute, and for a bounty) got the harshest treatment for their information.

    What’s the story with OBL – no information required, confession not necessary?

  • lysias

    Even from an uncooperative person being interrogated, an experienced interrogator can learn a lot from the way the person behaves and from what he does and does not say.

  • BrianFujisan

    on OBL

    there is of course far more evidence to sugest that he died in December of 2001

    I’m out but in a lady friends house, T.v crap.. so i better get off the computer.. But some more on OBL –

    “Today’s achievement is a testament to the greatness of our country and the determination of the American people.”

    In last Sunday’s London Review of Books, investigative journalist Seymour Hersh shredded Obama’s Big Lie like others before him.

    Obama’s official narrative “might have been written by (Alice in Wonderland author) Lewis Carroll,” he said. It was a total fabrication. More on his account below.

    Volumes of evidence separate fact from fiction. On July 11, 2002, TheNew York Times said “Osama bin Laden is dead. (He) died in December and was buried in the mountains of southeast Afghanistan.”

    “Pakistan’s president, Pervez Musharraf, echoed the information…(T)he truth is that Osama bin Laden is dead.”

    The BBC, Fox News and other media sources reported the same information. David Ray Griffin‘s seminal book on the topic titled “Osama Bin Laden: Dead or Alive?” did it best.

    He presented “objective evidence and testimonies.” The former includes the following:

    Through December 13, 2001, the CIA monitored messages between bin Laden and his associates. Suddenly they stopped.

    On December 26, 2001, a leading Pakistani newspaper reported bin Laden’s death. It cited a prominent Taliban official attending his funeral – witnessing his dead body before it was laid to rest.

    His was very ill with kidney disease and other ailments. In July 2001, he was treated at the American Hospital in Dubai.

    On September 10, 2001 (one day before 9/11), CBS News anchor Dan Rather reported his admittance to a Rawalpindi, Pakistan hospital.

    He had nothing to do with 9/11. An earlier article discussed the Mother of All Big Lies.

    It bears repeating. Clear evidence proves he died of natural causes in December 2001. Keeping alive a dead man was done to pursue America’s phony “war on terror.”

    So-called “Enemy Number One” was used to stoke fear as pretext for post-9/11 imperial wars on one country after another to this day.

    Griffin hoped his book would help shorten America’s wars. They rage endlessly. Don’t expect Hersh’s article to change things.

    http://www.globalresearch.ca/the-big-lie-obama-did-not-kill-bin-laden/5448927

  • Mary

    Good at rugby but lacking in the ability to see injustice and to speak the truth.

    New Zealand’s Zionist Diplomacy in the Security Council
    Dr. Vacy Vlazna
    October 31, 2015

    “This dishonourable ‘resolution’ comes at a crucial time when Palestinian children and youth are being extra judicially executed in the street for their courageous efforts to uphold their rights while NZ fails them and, in doing so, shames the decency of the people of New Zealand.”

    http://www.intifada-palestine.com/2015/10/new-zealands-zionist-diplomacy-in-the-security-council/

  • Ben-Outraged by the Cannabigots

    Also this Brian….why the burial at sea? Yahweh hid Moses place of death to avoid possible idolatry. Was this the logic? They thought the perils of having a shrine as homage to OBL was the worst thing that could happen?

    Ho-o-oly shit. Now all they have to do is travel to the seashore to mourn and worship some effigy or monument from afar.

    No. I don’t think he was buried at sea.

  • Tony_0pmoc

    Corrupting The Jug

    I know times are tough and I am not a musician and have never worked in the pub = brewery trade..Yes some of our local pubs are dives and some are really posh….the beer varies and so does the bands..but wtf does the New Young Manager of Our Local Pub Know…??? He is Only a 20+ Year old Kid…and what he said Just Blew Me Away…I finished My Pint of Best Bitter (the pub does good beer – used to do great bands)

    I went out for a smoke to calm down…He had already told me the negotiating details..I said I didn’t want to know..(none of my business). He said they asked for this…to play here..I said well negotiate it down…You sure as hell are making a loss tonight..have you been employed by the brewery to close the place down…whilst you could be making big profits…Are you just trying to pretend?? He is a nice kid and everything…

    I said No You Do Not Do That..You Don’t Even Negotiate or Tell Me That…

    Most People who come here are skint – they may have one Drink…and a Lovely Lady Like My Wife Comes Along and Asks Everyone There…Have You Got Any Money For The Band…My Wife Never Takes a Penny…

    And You Are Trying To Tell Me…That O.K…We will Book The Band For That…But All The Jug Money..All The Money That People Have Freely Given For The Band…You Get It???

    Fck Off..I Walked Out.

    Tony

  • RobG

    Can someone please explain to me the mindset on boards like this?

    You tell them that they live in a police state.

    You tell them that Fukushima is the greatest disaster in human history.

    And all of this ‘telling’ is backed-up by authoritative links.

    I give up, and am going to spend the rest of my time watching garbage on the television.

    The trolls have won.

    Embrace dystopia.

    Black is white, down is up, war is peace, freedom is slavery, ignorance is strength.

    Enjoy.

  • Herbie

    “If James Corbett is working for the CIA I will not only eat my hat but marinade it overnight and serve in a Marsala cream sauce followed by jelly and ice cream.”

    We’re of similar mind, KOWN.

    Cheers.

    Corbett and others, in subjecting alternative media to greater academic rigour and scrutiny, have created firmer foundations with which to challenge official narratives.

    That has to be a positive development from the shouty days of Jones and Icke, who do look like distractions.

  • RobG

    Herbie, Corbett says that Fukushima is not a problem.

    Here’s his Fukushima site…

    http://fukushimaupdate.com/

    … and it’s all total and utter rollocks.

    Anyone who follows the Fukushima disaster will confirm what I say about Corbett.

    He’s a CIA shill.

    But at least you know that people like me aren’t CIA shills, whether you like my opinions or not.

  • Herbie

    “and it’s all total and utter rollocks.”

    You’ve been asked a number of times now, RobG.

    Aren’t you capable of presenting an argument in substantive terms?

  • ------------·´`·.¸¸.¸¸.··.¸¸Node

    Gerald Kaufman recently claimed around half of the alleged knife attacks are set ups.

    He went further than that:

    “More than half of the stabbing claims were definitely fabricated. The other half, some were true, the others there was no way to tell since they executed Palestinians and no one asked questions.”

    http://www.independent.co.uk/news/world/americas/walmart-israeli-soldier-halloween-costume-for-children-sparks-outrage-a6710321.html

  • ------------·´`·.¸¸.¸¸.··.¸¸Node

    Sorry, the link above was about this story:

    America’s largest supermarket chain has sparked controversy with Halloween costumes including an “Israeli soldier for kids” and “sheikh Fagin nose”.

    The soldier costume, including a shirt, trousers, belt and hat, carries Hebrew writing and appears to resemble uniforms worn by Israeli Defence Forces (IDF) paratroopers and elite units.

    A photo showed a young boy wearing it and posing with a toy gun, while pointing at the camera.

  • RobG

    Herbie, I’ve seen most of what Corbett has put out.

    Just ask yourself one question: why does Corbett always say that Fukushima is not a big problem? (watch his videos) when most sentient beings understand that Fukushima is the biggest thing that’s ever happened to human kind.

    I won’t get into the technical stuff here, but I’m sure you’re aware that I can do that.

    So, some American guy pops-up on YouTube, and he just happens to live in Japan, and he tells you that 9/11 was an inside job (because it’s all over the internet, and that’s what you want to hear) but this guy who purportedly lives in Japan tells you nada about what’s really going on in Japan at the moment and says that Fukushima is not an ongoing problem.

    It all sounds a bit dodgy to me.

    You could perhaps start with this one…

    http://www.npr.org/blogs/parallels/2013/12/31/258655342/japans-state-secrets-law-hailed-by-u-s-denounced-by-japanese

    … and if you have any further questions please feel free to ask.

  • Tony_0pmoc

    YOU Try and Cheat Us – YOU Try and Replace Us – YOU Flood Our Country With Immigrants..and YOU Say You Guys are Not Shagging Enough…You English Are Not Making Enough Kids To Compete with US

    Who The Fck Are YOU?

    Tony

  • Mary

    We are so good at getting into bed with dictatorial regimes and abusers of human right. Now Bahrain.

    A naval base costing £15m is to be created there.

    New UK-Bahrain naval base takes colonial-era name
    Opposition activists have criticised the construction, a week after opposition leader jailed for four years
    19 June 2015
    http://www.middleeasteye.net/news/new-uk-bahrain-naval-base-named-after-former-colonial-operation-1202039130

    ‘”We hope that construction work will start in September with a view to an official opening of the new base in the autumn of 2016, a fitting tribute to 200 years of bilateral relations and also to the generous support of His Majesty King Hamad and the Bahrain Defence Force,” he said.

    A report in the Telegraph states that the base will cost £15 million, and will upgrade facilities currently used by four British minehunter vessels working in the Gulf. According to Ambassador Lindsay, the UK has at any one point “1,650 military personnel, Type 45 destroyers, Type 23 frigates, four minesweepers, eight Tornado aircraft and three Merlin helicopters” in the Gulf, which will be supported by the new base.’

    Yet they keep telling us that there is no money.

    Hammond has just visited. It’s all about finding somewhere to stick those already redundant £6.2bn (as at Nov 2013) aircraft carriers without aircraft.

    http://www.bbc.co.uk/news/uk-34690954

  • Mary

    Theresa is pretending to backtrack on her snooper’s charter?

    Theresa May forced to backtrack over plan to ‘snoop’ on internet use
    Ministers rule out ban on encryption but civil rights group Liberty says climbdown is ‘just spin’
    http://www.theguardian.com/world/2015/oct/31/theresa-may-backtracks-on-internet-snooping

    ‘However Shami Chakrabarti, director of civil rights group Liberty, claimed that the self-proclaimed climbdown was mere spin.

    She suggested the government had ignored the most important safeguard – for any interception to take place only after judicial authorisation had been given.

    “It’s a traditional Home Office dance first to ask for the most outrageous, even impractical, powers, so that the smallest so-called ‘concessions’ seem more reasonable,” she said. “The frantic spinning distracts from the sleight of hand. Where is the judicial sign-off before our private communications can be collected, hacked and tapped? Where is the move back to targeted surveillance and away from the blanket collection of our private data?”’

  • KingOfWelshNoir

    I like James Corbett, I think he is a fine ambassador for the growing world of online alt media. I think he is rational and credible and a genuine & decent guy. It dismays me to see him smeared as some sort of CIA agent without any real evidence given, it’s just too easy to spread poison like that. So I’m going to challenge it with some facts. They are not hard to find. He’s not ‘some American guy’ who ‘pops-up on YouTube, and he just happens to live in Japan, and he tells you that 9/11 was an inside job…’. He’s Canadian who has lived in Japan since 2004. He originally went to teach English, and is married to a Japanese lady. Like many people he got into this stuff in response to 9/11 and set up the Corbett Report in 2007, and it proved so popular that at some point–I don’t have the date to hand–it became his day job.

    As for him not saying anything about Fukushima, a simple search on his site yielded loads of stories about Fukushima, here’s a few:

    1. STORY #2: After 4 years, Fukushima Nuclear Cleanup Remains Daunting and Vast
    2. Fukushima finds 16 new cases of thyroid cancer in young people

    3. ‘On the ongoing enormous problems with the nuclear meltdown for Fukushima, Corbett says, “There are three to four hundred tons of radioactive water spilling out every day from the Fukushima plant. . . . There are some surprising results of where most of this radioactive water is going. Although most of the models say the main thrust of that plume was headed for the west coast of North America, they are finding now a lot of this radiation is going very deep under water and as much as 60% of this radiation is headed southward.”

    Etc.

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