politicalbetting.com » Blog Archive » David Miliband won the 2010 LAB members ballot by 8.8% – the final poll had had him 4% behind
Judging by what some LAB members have been Tweeting it looks as though, maybe even tonight, we’ll see the first poll, from YouGov, of those who will be able to vote in Labour’s leadership election at the end of August.
I'm still trying to understand Diane Abbott's assertion that should would have come 3rd last time under a one member, one vote election. Is it based on any real data other than polling?
Since the Treaty of Rome the drive has been closer union between the 'peoples' of Europe - not states....
It is perfectly clear that the aim is a political union of states.
Then why doesn't it say so?
I would have thought the answer to that is obvious, because its the very last thing they want to make clear to the public. Listen to Jean Monnet, founding father of the EU:
"Europe's nations should be guided towards a super state without their people understanding what is happening. This can be accomplished by successive steps each disguised as having an economic purpose, but which will eventually and irreversibly lead to federation."
This site may still be a 'kindergarten' but it is tedious, tiresome and tepid to still play the 'First' card. If I was junior I would unleash a Python (or some-such) upon your sanctity....
This site may still be a 'kindergarten' but it is tedious, tiresome and tepid to still play the 'First' card. If I was junior I would unleash a Python (or some-such) upon your sanctity....
I'm still trying to understand Diane Abbott's assertion that should would have come 3rd last time under a one member, one vote election. Is it based on any real data other than polling?
Yes - in terms of total votes cast, she came 3rd. (And Ed came first by around 30,000 votes)
However, the flaw in her logic is that all the union members who voted for her and propelled her to 3rd place, wouldn't necessarily get a vote now that union members aren't automatically affiliated to the party.
The treaties explicitly create an executive, legislature and judiciary, a common citizenship, a customs union, an economic and monetary union with a common currency, uniform rules of competition, a common foreign policy, a common security and defence policy, an area of freedom, justice and security without internal frontiers, an internal market, a common commercial policy, a common agricultural policy, a common fisheries policy and a harmonised social policy. They are made with the explicit intent of "advanc[ing] European integration". The treaties have also been said to be the supreme law of every state, with primacy over every national constitutional provision. They have been said to be directly effective in the courts of every member state. The Court of Justice's construction of the Treaties is even more federalist than the Treaties themselves.
We have an opt out from a few of the provisions of the Treaties, but the essence of the whole thing can be inferred from the above.
Edit: I also see on the previous thread that you are praying in aid a literal construction of the Treaties.
They can always point to the treaties.....ah, but those mean something else other than that which was written down
This is either ignorance, or mendacity. The Court of Justice, which has the sole authority to interpret the Treaties, has always held that in construing the treaties, one must first look at their spirit, then their economic aspect, and lastly at their terms (Van Gend en Loos v Neder-Landse Tariefcommissie [1963] CMLR 105, 129). This was how the Court of Justice invented the principles of supremacy, direct effect, and state liability, which appear nowhere in the Treaties.
This site may still be a 'kindergarten' but it is tedious, tiresome and tepid to still play the 'First' card. If I was junior I would unleash a Python (or some-such) upon your sanctity....
@JohnRentoul: If there is YouGov poll of Labour members & supporters tomorrow, remember YouGov got it wrong 2010, putting EdM ahead http://t.co/PFtfO3hxaF
@JohnRentoul: If there is YouGov poll of Labour members & supporters tomorrow, remember YouGov got it wrong 2010, putting EdM ahead http://t.co/PFtfO3hxaF
Hopefully this is a sign Rentoul's got a hint of the results and is unhappy with them!
Since the Treaty of Rome the drive has been closer union between the 'peoples' of Europe - not states....
It is perfectly clear that the aim is a political union of states.
Then why doesn't it say so?
I would have thought the answer to that is obvious, because its the very last thing they want to make clear to the public. Listen to Jean Monnet, founding father of the EU:
"Europe's nations should be guided towards a super state without their people understanding what is happening. This can be accomplished by successive steps each disguised as having an economic purpose, but which will eventually and irreversibly lead to federation."
You do know that those are not Monnet's words, don't you?
Literal construction is either ignorance or mendacity?
'When I use a word,' Humpty Dumpty said, in rather a scornful tone, 'it means just what I choose it to mean — neither more nor less.'
I agree that were the Treaties construed by an English court, a literal construction would be the starting point. The Treaties are, however, and always have been exclusively construed by the Court of Justice, which does not adopt a literal construction, but a "purposive" or "teleological" approach. Consider, for example, how the court reversed the hierarchy between national and Union citizenship in Rottmann v Freistaat Bayern [2010] QB 761; a decision which is so plainly contrary to the Treaties that our Supreme Court has expressed grave doubts about whether or not it should followed in the United Kingdom, notwithstanding section 3 of the European Communities Act 1972 (Pham v Secretary of State for the Home Department [2015] 1 WLR 1591). Literal construction of an instrument will get you nowhere in EU law.
Not convinced by the War Damages Act, example; this is not a question of tort, but of contract. Likewise, this is not a question of the UK government acting outside its regular remit. No-one would doubt the government has the right to borrow money.
More seriously, you seem to believe the state is something other that just another economic actor. Sure, it has the monopoly on the use of force in the UK. But other than that, why should I take it any more seriously than HSBC?
Not convinced by the War Damages Act, example; this is not a question of tort, but of contract. Likewise, this is not a question of the UK government acting outside its regular remit. No-one would doubt the government has the right to borrow money.
More seriously, you seem to believe the state is something other that just another economic actor. Sure, it has the monopoly on the use of force in the UK. But other than that, why should I take it any more seriously than HSBC?
Because unlike HSBC it can change the law to suit its own ends.
Not convinced by the War Damages Act, example; this is not a question of tort, but of contract. Likewise, this is not a question of the UK government acting outside its regular remit. No-one would doubt the government has the right to borrow money.
More seriously, you seem to believe the state is something other that just another economic actor. Sure, it has the monopoly on the use of force in the UK. But other than that, why should I take it any more seriously than HSBC?
Because unlike HSBC it can change the law to suit its own ends.
Also, people take what the CEO of HSBC says seriously.
Not convinced by the War Damages Act, example; this is not a question of tort, but of contract. Likewise, this is not a question of the UK government acting outside its regular remit. No-one would doubt the government has the right to borrow money.
More seriously, you seem to believe the state is something other that just another economic actor. Sure, it has the monopoly on the use of force in the UK. But other than that, why should I take it any more seriously than HSBC?
Because unlike HSBC it can change the law to suit its own ends.
Also, HSBC will probably outlive the British state.
Since the Treaty of Rome the drive has been closer union between the 'peoples' of Europe - not states....
It is perfectly clear that the aim is a political union of states.
Then why doesn't it say so?
I would have thought the answer to that is obvious, because its the very last thing they want to make clear to the public. Listen to Jean Monnet, founding father of the EU:
"Europe's nations should be guided towards a super state without their people understanding what is happening. This can be accomplished by successive steps each disguised as having an economic purpose, but which will eventually and irreversibly lead to federation."
Sorry Indigo but in the interest of fairness I have to challenge you on that.
There is absolutely no evidence that Monnet ever made that statement either verbally or in writing.
Monnet was an absolute believer in a single European state and that was the main aim of his helping to create the EEC. But he was also a thoroughly honourable and decent man who was unremittingly honest about his aims and what he wanted to see happen in Europe.
The quote you are using was almost certainly created by opponents of Monnet and of the federalist project in general probably in the early 80s. It was not however a product of British Eurosepticism although it has sometimes been quoted by them.
I missed the GrEUxit thread, but I can say that nothing will happen, no deal or a fudge to prolong the negotiations by a few months, something that I'm saying for months.
But journalists need to write stories even if there is nothing to write about, hence for 5 months now every Monday and Friday there is Grexit and every Wednesday there is a deal. If people had listened to me instead of the papers then they would have had less gray hair.
Not convinced by the War Damages Act, example; this is not a question of tort, but of contract. Likewise, this is not a question of the UK government acting outside its regular remit. No-one would doubt the government has the right to borrow money.
More seriously, you seem to believe the state is something other that just another economic actor. Sure, it has the monopoly on the use of force in the UK. But other than that, why should I take it any more seriously than HSBC?
Because unlike HSBC it can change the law to suit its own ends.
Also, HSBC will probably outlive the British state.
(As an aside, I expect the British state to outlive the EU. But the UK was made by humans, and will one day be unmade by them. One day, the last human being who ever heard and understood the words "the United Kingdom" will pass away, and it will be lost to history. Nothing is forever.)
Literal construction is either ignorance or mendacity?
'When I use a word,' Humpty Dumpty said, in rather a scornful tone, 'it means just what I choose it to mean — neither more nor less.'
I agree that were the Treaties construed by an English court, a literal construction would be the starting point. The Treaties are, however, and always have been exclusively construed by the Court of Justice, which does not adopt a literal construction, but a "purposive" or "teleological" approach. Consider, for example, how the court reversed the hierarchy between national and Union citizenship in Rottmann v Freistaat Bayern [2010] QB 761; a decision which is so plainly contrary to the Treaties that our Supreme Court has expressed grave doubts about whether or not it should followed in the United Kingdom, notwithstanding section 3 of the European Communities Act 1972 (Pham v Secretary of State for the Home Department [2015] 1 WLR 1591). Literal construction of an instrument will get you nowhere in EU law.
This is unfortunately a classic case of people in Britain thinking that European Law follows the same basic principles as English Law.
As you point out it does not and the ECJ has made clear on several occasions that the preamble's to treaties should be considered as important if not more important than the main text as they indicate the mindset of those who created the treaties and so help courts to understand how they should be interpreted in the case of disagreements.
Yougov got it right on first preferences, David Miliband was ahead with Ed M second, which was how the final result turned out, they just got the preferences slightly wrong, so bear the preferences in mind if it is close between Yvette Cooper and Burnham the one behind on preferences could win
The quote you are using was almost certainly created by opponents of Monnet and of the federalist project in general probably in the early 80s. It was not however a product of British Eurosepticism although it has sometimes been quoted by them.
Yes fair enough, after further digging I found it was actually a paraphrase of a characterization of Monnet's intentions by British Conservative Adrian Hilton. The original text is nearly as bad although slightly less mendatious
Monnet is reported to have expressed somewhat similar sentiments, but without the notion of intentional deception, saying "Via money Europe could become political in five years" and "… the current communities should be completed by a Finance Common Market which would lead us to European economic unity. Only then would … the mutual commitments make it fairly easy to produce the political union which is the goal."
(As an aside, I expect the British state to outlive the EU. But the UK was made by humans, and will one day be unmade by them. One day, the last human being who ever heard and understood the words "the United Kingdom" will pass away, and it will be lost to history. Nothing is forever.)
"Consider the lives led once by others, long ago, the lives to be led by others after you, the lives led even now, in foreign lands. How many people don’t even know your name. How many will soon have forgotten it. How many offer you praise now – and tomorrow, perhaps, contempt. That to be remembered is worthless. Like fame. Like everything." Marcus Aurelius
Danny565 Indeed, Kendall could suffer Ken Clarke's fate in 2005, just as Clarke's LD/New Labour lite policies saw him overtaken for third by rightwinger Fox, so Kendall's Cameroon lite platform could see her overtaken for third by leftwinger Corbyn
Marcus Aurelius does have some words of wisdom (before my second story, Journey to Altmortis, I include one of his quotes) but he could be a bit of a cock. Letting Commodus become emperor was not the act of a wise man.
I am at a loss to understand the logic of these marchers. We must protest against austerity because cuts hurt the poor, and that is unfair! Therefore we should borrow to make up the enormous gap between how much we have and how much we would like to have! This means we pay huge sums in interest to er, a lot of rich people, especially bankers.
But then I suppose Charlotte Church needs to find something to do with her wealth and fame now she can no longer sing.
The quote you are using was almost certainly created by opponents of Monnet and of the federalist project in general probably in the early 80s. It was not however a product of British Eurosepticism although it has sometimes been quoted by them.
Yes fair enough, after further digging I found it was actually a paraphrase of a characterization of Monnet's intentions by British Conservative Adrian Hilton. The original text is nearly as bad although slightly less mendatious
Monnet is reported to have expressed somewhat similar sentiments, but without the notion of intentional deception, saying "Via money Europe could become political in five years" and "… the current communities should be completed by a Finance Common Market which would lead us to European economic unity. Only then would … the mutual commitments make it fairly easy to produce the political union which is the goal."
But that is my point. It is all well and good attacking the lies of British politicians who pretend the EU is not about federal union - people like Clarke and Mandelson or pretty much every Lib Dem for the last 2 decades - but we should never criticise people like Monnet who were completely open in their dreams and had good reason for them.
They were wrong - I believe - in both their analysis and their solutions but they had the great benefit of being honest. There are still plenty of politicians in Europe today who are of a similar ilk. It is just a shame the crop we have had in Britain for the last few decades have not shown similar honesty.
ydoethur Corbyn has said the deficit can be closed by increasing taxes on corporations with a 'European corporate tax agreement' and by cracking down on tax evasion. Though many corporations would most likely move their HQs and jobs abroad http://www.bbc.co.uk/news/uk-politics-33210014
Plato ICM, normally reliable, did have a terrible 2015 election and while its penultimate poll had it tied its final poll on the evening of Wednesday 6th May had Labour 1% ahead, putting it in a minority of pollsters who actually had a Labour lead, even though virtually all failed to predict the Tories would win a majority. Opinium for the Observer actually tended to do better, most of its polls since the start of January had the Tories in front, as did its final poll on the Sunday before election day and the Guardian could switch to them for general elections http://www.theguardian.com/politics/2015/may/07/labour-one-point-lead-tories-final-icm-poll http://www.theguardian.com/politics/series/observer-opinium-politics-polls
ydoethur Corbyn has said the deficit can be closed by increasing taxes on corporations with a 'European corporate tax agreement' and by cracking down on tax evasion. Though many corporations would most likely move their HQs and jobs abroad http://www.bbc.co.uk/news/uk-politics-33210014
Which in its own way is even more illogical. If 'tax evasion' was easy to deal with it would have been dealt with by now. As it is a crime, however, it has to take place secretly, like any other crime. We've been trying to stop murder for thousands of years - it's even in the Ten Commandments - and not yet managed it, and that's straightforward compared to a complicated crime like tax evasion.
I'm willing to bet from the context though that what he really means is 'tax avoidance', i.e. the clever exploiting of our woefully inept tax laws to pay as little tax as possible. That would fit with his known limited intellect and his penchant for shouting at rich people (presumably anyone who earns more than £89,000 a year, although to be fair I am told he is very scrupulous about expenses). However, here is another problem. It's not 'tax avoidance' that's the issue - it's the law. If it's legal, it's legal. If it should not be legal, Parliament should legislate to stop it. Yet again, they have never done so. To keep firms in this country? Perhaps.
Or perhaps because those people who have some passing grip on reality (so not Corbyn) realise that actually, tax avoidance is actually very common and it is therefore a moral and legal minefield. Once cleaned up, it might help some people, but definitely not the person who did the cleaning up. For example, I am myself a multiple tax avoider. I inherited a small amount of money through a Deed of Variation, I altered my offer on a house to avoid stamp duty, I have an ISA and I put money in a pension. Therefore, in the eyes of the law I am as bad as my constituency's largest employer. I would be most unhappy if those loopholes were closed off for me. Yet if tax avoidance is morally wrong - why should anyone be allowed to do it?
What might be more helpful all around is a full audit of how many middle managers and administrators there are in the public sector and how much actual work they do. When I worked in a university, we actually had more administrative departments than academic staff, although the raw numbers were roughly equal. I noticed that for most of the year a lot of them did very little work - there were some departments you went for just a coffee and a chat any time you felt a bit stressed. I am told by a then colleague, now a council administrator, that it wasn't by any means the worst example of featherbedding he had come across. If we could declutter some of that, maybe that would be a practical way of bringing costs down?
Plato He has good reason too, Survation's final poll actually had the Tories on 37%, Labour 31%, the LDs 10%, UKIP 11%, Green 5%, SNP and Others 6%, but they chickened out of publishing it. I think pollsters are adjusting for shy Tories and lazy Labour now, or they should be http://uk.businessinsider.com/survation-unpublished-poll-general-election-result-2015-5
"@DAaronovitch We elected a government not a one party state #EndAusterityNow"
Hmm.
It's funny as well - I don't remember all these protests when not so many years ago a government got more seats on a lower vote share when pledged to (1) increase university access charges (2) emasculate local education authorities and hand schools over to outside bodies and (3) introduce private provision into the NHS: all the while keeping direct central taxes as low as possible, which mandated huge hikes in the very regressive council tax and massive extra borrowing (cf my earliest comment on how this transfers wealth from poor to rich). Or was that all OK because it was Labour doing it?
This site may still be a 'kindergarten' but it is tedious, tiresome and tepid to still play the 'First' card. If I was junior I would unleash a Python (or some-such) upon your sanctity....
Mr. Ydoethur. evil bad Tories were doing that, though.
I think a lot of people will be bemused at this protest, especially as it's so soon after an election.
I think more probably a lot of people will see them as sore losers - and rude and arrogant ones into the bargain. Essentially, they are saying 'You all got it wrong! We're right! We're trying to help - er - ourselves, actually, because this government isn't nice to us! You should be helping us and paying to keep us the way the last government did when there was lots of money! You are just evil selfish people who only do what's right for yourselves...oh...'
It's almost unbelievable that the far Left, in particular, has so little self-awareness at present. Do they actually want to forfeit what little support they have left?
ydoethur Corbyn has said the deficit can be closed by increasing taxes on corporations with a 'European corporate tax agreement' and by cracking down on tax evasion. Though many corporations would most likely move their HQs and jobs abroad http://www.bbc.co.uk/news/uk-politics-33210014
Deed of Variation
Its one of those irregular verbs isn't it?
I plan my tax affairs You use a Deed of Variation He is a tax avoider.....
This site may still be a 'kindergarten' but it is tedious, tiresome and tepid to still play the 'First' card. If I was junior I would unleash a Python (or some-such) upon your sanctity....
I plan my tax affairs You use a Deed of Variation He is a tax avoider.....
(Although strictly speaking, if you plan your tax affairs the Deed of Variation isn't needed - it's used when circumstances change but wills haven't changed to match, as in my case.)
ydoethur I don't disagree and of course Osborne has pledge to crackdown on tax evasion
To put it into context at least 750,000 marched against the Iraq War, protestors said 2 million, 400,000 against the hunting ban, 75,000 attended today's march (though People's Assembly claim 250,000)
Mr. Ydoethur. evil bad Tories were doing that, though.
I think a lot of people will be bemused at this protest, especially as it's so soon after an election.
It's almost unbelievable that the far Left, in particular, has so little self-awareness at present. Do they actually want to forfeit what little support they have left?
Supping their Starbucks Frappucinos while busy tweeting from their iPads about their hardship....
ydoethur I don't disagree and of course Osborne has pledge to crackdown on tax evasion
Fair point, and of course I don't believe Osborne for a second when he says that either. The real issue, as has been said many times, is our antiquated tax code, which is a charter for getting out of (words chosen carefully) paying tax in the hands of a clever accountant.
To put it into context at least 750,000 marched against the Iraq War, protestors said 2 million, 400,000 against the hunting ban, 75,000 attended today's march
True - but those were on big, emotive issues that divided the whole nation (what does it say about us that we spent more time debating foxhunting, under Blair, than we did the Iraq War)? This appears to be a bit of crassness along the lines of the old CND marches in the early 1980s, which seemed to be carefully choreographed to make their participants look as dangerous, unpleasant and unelectable as possible.
Osborne's surplus law makes a lot more sense in the context of the EU. Could it become the blueprint for all non-Eurozone members?
In the same way as Jacques Delors convinced the British Labour movement that the EU could bind the Conservatives to social protection, could Osborne use the EU renegotiations to bind the Labour party to fiscal conservatism?
Mr. Ydoethur. evil bad Tories were doing that, though.
I think a lot of people will be bemused at this protest, especially as it's so soon after an election.
It's almost unbelievable that the far Left, in particular, has so little self-awareness at present. Do they actually want to forfeit what little support they have left?
Supping their Starbucks Frappucinos while busy tweeting from their iPads about their hardship....
The irony of shopping at Starbucks while marching against tax misdemeanours...
PS - I can't afford an iPad, and I'm hardly badly paid or poor...
ydoethur Indeed, though accountants will always try and find a way around tax.
In terms of popular support of the marches in question Iraq was the biggest and had the most public support and in retrospect, with the rise of Isis, was probably correct. The hunting march was least supported by the public but probably had the most passionate marchers because their livelihood and heritage and culture depended on it. This march has support amongst Labour, Green and nationalist voters but few others and is the standard leftwing crowd
Interesting that the hunting march had IDS, Edward Fox, Vinnie Jones, Jim Davidson, Anne Robinson, Jeremy Irons, Sir Ranulph Fiennes, Earl Spencer and Melvyn Bragg amongst its marchers. Today's march was joined by Charlotte Church, Russell Brand, Owen Jones, Julie Hesmondlaigh, Caroline Lucas, Martin McGuinness and Jeremy Corbyn. With the possible exception of Lord Bragg I cannot see anyone attending both
It's not 'tax avoidance' that's the issue - it's the law. If it's legal, it's legal. If it should not be legal, Parliament should legislate to stop it. ...
I am myself a multiple tax avoider. I inherited a small amount of money through a Deed of Variation, I altered my offer on a house to avoid stamp duty, I have an ISA and I put money in a pension. Therefore, in the eyes of the law I am as bad as my constituency's largest employer. I would be most unhappy if those loopholes were closed off for me. Yet if tax avoidance is morally wrong - why should anyone be allowed to do it?
There is a useful third category, "tax minimiser" which makes things much clearer. All the examples you have given are explicitly legal according to legislation passed by Parliament, so you are merely organising your affairs in a rational manner.
A "tax avoider" arranges their affairs in a "non-natural" manner which, while legal, has the sole/primary purpose of minimising or eliminating tax. And is not the same in the eyes of the law since the GAAR regulations were introduced (a great reform by our visionary Chancellor)
Interesting that the hunting march had IDS, Edward Fox, Vinnie Jones, Jim Davidson, Anne Robinson, Jeremy Irons, Sir Ranulph Fiennes, Earl Spencer and Melvyn Bragg amongst its marchers. Today's march was joined by Charlotte Church, Russell Brand, Owen Jones, Julie Hesmondlaigh, Caroline Lucas, Martin McGuinness and Jeremy Corbyn. With the possible exception of Lord Bragg I cannot see anyone attending both
Martin McGuinness. Do the march organisers think that the presence of a mass murderer enhances their standing?
You would think after 5 years of working with the Tories that the LibDems would have improved their dirty tricks skills, on the eve of dispatching voting papers we have this:
" Liberal Democrat leadership hopeful Norman Lamb is at the centre of a ‘dirty tricks’ row after party memberships lists were used to conduct negative polling about his arch rival Tim Farron, The Telegraph can disclose. The Information Commissioner, the information watchdog, is set to be asked to investigate whether there was a breach of data laws in a move which could land the party with heavy fines. "
Yes fair enough, after further digging I found it was actually a paraphrase of a characterization of Monnet's intentions by British Conservative Adrian Hilton. The original text is nearly as bad although slightly less mendatious
Doesn't seem mendacious (sic) at all. He says that if we had economic unity it would be fairly easy to move to political unity (which is a point of view that may or may not be true) and that he's in favour of it. You're entitled to disagree with his logic or his wishes, but it wasn't a mendacious plot.
ydoethur Corbyn has said the deficit can be closed by increasing taxes on corporations with a 'European corporate tax agreement' and by cracking down on tax evasion. Though many corporations would most likely move their HQs and jobs abroad http://www.bbc.co.uk/news/uk-politics-33210014
...
Or perhaps because those people who have some passing grip on reality (so not Corbyn) realise that actually, tax avoidance is actually very common and it is therefore a moral and legal minefield. Once cleaned up, it might help some people, but definitely not the person who did the cleaning up. For example, I am myself a multiple tax avoider. I inherited a small amount of money through a Deed of Variation, I altered my offer on a house to avoid stamp duty, I have an ISA and I put money in a pension. Therefore, in the eyes of the law I am as bad as my constituency's largest employer. I would be most unhappy if those loopholes were closed off for me. Yet if tax avoidance is morally wrong - why should anyone be allowed to do it?
Most people draw a distinction between tax reduction offered by governments as an incentive to do something (ISAs, gift aid, etc.) and tax avoidance designed by accountants to avoid the clear intent of laws. As in all distinctions, there are grey areas, but it's silly to equate what Amazon does with what an ISA purchaser does.
This really is something best handled internationally, perhaps by the EU or even the OECD. I'm not too worried that Amazon will then move its HQ to Botswana or Papua New Guinea, and if they did, then the developed world could make their hosts think again fairly swiftly. It's a serious issue for every developed economy, and I'd give Osborne credit for making at least some effort. Britain got very annoyed when California tried to introduce taxation of companies based on their local activity, but they were right then and we'd be right to try to do it now.
Mr. Ydoethur. evil bad Tories were doing that, though.
I think a lot of people will be bemused at this protest, especially as it's so soon after an election.
It's almost unbelievable that the far Left, in particular, has so little self-awareness at present. Do they actually want to forfeit what little support they have left?
Supping their Starbucks Frappucinos while busy tweeting from their iPads about their hardship....
Unlike you , some people with money still have feelings and care about others less fortunate than themselves.
Mr. Ydoethur. evil bad Tories were doing that, though.
I think a lot of people will be bemused at this protest, especially as it's so soon after an election.
It's almost unbelievable that the far Left, in particular, has so little self-awareness at present. Do they actually want to forfeit what little support they have left?
Supping their Starbucks Frappucinos while busy tweeting from their iPads about their hardship....
The irony of shopping at Starbucks while marching against tax misdemeanours...
PS - I can't afford an iPad, and I'm hardly badly paid or poor...
Most people draw a distinction between tax reduction offered by governments as an incentive to do something (ISAs, gift aid, etc.) and tax avoidance designed by accountants to avoid the clear intent of laws. As in all distinctions, there are grey areas, but it's silly to equate what Amazon does with what an ISA purchaser does.
For goodness' sakes. Please READ what I wrote. I commented that in the EYES OF THE LAW it is equal. Charles tells me that I am wrong and there is a new act to deal with this. But for all the time that you were in Parliament, what I am doing and what Amazon was doing is legally equivalent (EDIT - I don't think we can have any other yardstick. Once we start fussing about morality/justice etc, both of them highly subjective, rather than the law for such things we may as well all give up right now.) The fact that when given the chance you (as in the Labour party) failed to do anything is pretty damning to my mind. In fact, under Labour tax avoidance of all kinds increased massively because of the huge amount of additional tax laws Brown passed, most of them extraordinarily badly written (a feature which let us not forget permeated practically every bill of the Labour government - not my view, but that of Lord Butler).
I'm uneasy about GAAR, having now read it. It seems for all its talk of 'safeguards' and 'onus' and 'double reasonableness tests' to be either toothless verbiage or potentially terrifying. I therefore stand by my view that if tax avoidance is to be minimised, the way to do it is by drastic reform (simplification) of the tax code.
Next question - who is willing to do that? Not Labour, and apparently not the Conservatives either.
All this talk of protestors consuming Apple and Starbucks products reminds me of this clip. That was almost four years ago - haven't stereotypes moved on at all?
Mr. Ydoethur. evil bad Tories were doing that, though.
I think a lot of people will be bemused at this protest, especially as it's so soon after an election.
It's almost unbelievable that the far Left, in particular, has so little self-awareness at present. Do they actually want to forfeit what little support they have left?
Supping their Starbucks Frappucinos while busy tweeting from their iPads about their hardship....
Unlike you , some people with money still have feelings and care about others less fortunate than themselves.
Whoosh!
Ever the Nasty Nat eh Malcolm?
This bitterness can't be doing you any good.....what with your moral superiority and all.....
Most people draw a distinction between tax reduction offered by governments as an incentive to do something (ISAs, gift aid, etc.) and tax avoidance designed by accountants to avoid the clear intent of laws. As in all distinctions, there are grey areas, but it's silly to equate what Amazon does with what an ISA purchaser does.
For goodness' sakes. Please READ what I wrote. I commented that in the EYES OF THE LAW it is equal. Charles tells me that I am wrong and there is a new act to deal with this. But for all the time that you were in Parliament, what I am doing and what Amazon was doing is legally equivalent (EDIT - I don't think we can have any other yardstick. Once we start fussing about morality/justice etc, both of them highly subjective, rather than the law for such things we may as well all give up right now.) The fact that when given the chance you (as in the Labour party) failed to do anything is pretty damning to my mind. In fact, under Labour tax avoidance of all kinds increased massively because of the huge amount of additional tax laws Brown passed, most of them extraordinarily badly written (a feature which let us not forget permeated practically every bill of the Labour government - not my view, but that of Lord Butler).
I'm uneasy about GAAR, having now read it. It seems for all its talk of 'safeguards' and 'onus' and 'double reasonableness tests' to be either toothless verbiage or potentially terrifying. I therefore stand by my view that if tax avoidance is to be minimised, the way to do it is by drastic reform (simplification) of the tax code.
Next question - who is willing to do that? Not Labour, and apparently not the Conservatives either.
Hey, I'm writing as an individual giving my opinion, not as a spokesman for either HMG or the Labour Party, or as a critic of you personally. I agree with you that Labour failed to do anything about it, and indeed opposed California trying to do anything about it. And I agree with you that the most devious tax avoider is in the eyes of the law as innocent as the most blameless widow with an ISA (if they are not affected by the GAAR, as Charles notes). I don't really agree that any lawful action is blameless, but that's not the issue. I'm talking about how we should change the law.
Whether the GAAR as written by Osborne is effective (or "terrifying", if you like - it needs to be scary if it's not easily avoidable) is something I should like to wait and see. If so, I'll be glad to praise him further.
Not convinced by the War Damages Act, example; this is not a question of tort, but of contract. Likewise, this is not a question of the UK government acting outside its regular remit. No-one would doubt the government has the right to borrow money.
More seriously, you seem to believe the state is something other that just another economic actor. Sure, it has the monopoly on the use of force in the UK. But other than that, why should I take it any more seriously than HSBC?
A contract differs from a gentleman's agreement because it can be enforced in a court of law. A court of law can award damages for breach of contract to compensate the injured party for the loss suffered by the defaulting party's breach.
A contract is, however, only enforceable where the parties can be required to submit to the jurisdiction of a court. Generally, there is no point suing the Crown in right of the United Kingdom to enforce a contract entered into by the British government anywhere other than the UK, since the Crown will successfully plead state immunity. It is a basic rule of international comity that you can only implead a sovereign in his own courts.
A government contract is thus enforceable to the extent to which an English or, God help us, a Scottish court is prepared to, and can enforce it against the Crown. In the ordinary course of things, the Crown is in private law generally treated as any other litigant, although no court can award an equitable remedy against the Crown. No court, however, has any jurisdiction to enforce a contract declared void by Parliament (see, for example, the Unfair Contract Terms Act 1977). Parliament also has the undoubted power to make retrospective legislation, of which the War Damage Act 1965 is merely one example, retrospectively reversing the judgment of the House of Lords against the Crown in Burmah Oil v Lord Advocate [1965] AC 75.
It follows that Parliament can retrospectively release the government, or any other person, from contractual liability it has incurred. If it does so, it may be true to say there is still a contract in some sense. Parliament cannot change history. It has, however, become no more than a gentleman's agreement, since it is unenforceable in a court of law. I stress I am not commenting on the political or economic wisdom of such a course, merely its legality.
Who or What, is a Charlotte Church....another coffee fad..
Charlotte Church is a very talented singer.. with a big mouth, She made a lot of money at a very young age and displayed all the signs of being a seriously spoilt brat.. Nothing has changed since then.
Re comparing corporate tax avoidance and an old lady's ISA - amazon is probably one of the worst examples to illustrate the point, since most of the controversy around their tax wasn't because their lawyers led them to some sneaky grey area but because they took lawful advantage of what might be regarded as a "tax break" explicitly authorised by treaty and by law - just as ISAs encourage saving, this was purposefully set out to encourage international trade. I don't think we can complain too hard when someone takes us up on that... If we actually find such things undesirable then the trick would have been to disallow it in the first place.
I'm just glad we are not in the same situation as the US where big corporations spend giant amount of money lobbying for massive tax breaks pretty much on an individual basis. Irritates me enough when the video game makers and film industry campaign for similar here.
I'm uneasy about GAAR, having now read it. It seems for all its talk of 'safeguards' and 'onus' and 'double reasonableness tests' to be either toothless verbiage or potentially terrifying. I therefore stand by my view that if tax avoidance is to be minimised, the way to do it is by drastic reform (simplification) of the tax code.
"GAAR" is a dangerous piece of legislation, since it gives the executive an administrative power to tax, something which the House of Lords recognised in Vestey v Inland Revenue Commissioners [1980] AC 1148 to be wholly unconstitutional. As Lord Wilberforce stated:
These are some of the consequences, in this case, and applied to these beneficiaries, of the revenue's contention: they are frightening enough. But there are more fundamental objections, in principle, to the whole proposition. Taxes are imposed upon subjects by Parliament. A citizen cannot be taxed unless he is designated in clear terms by a taxing Act as a taxpayer and the amount of his liability is clearly defined. A proposition that whether a subject is to be taxed or not, or, if he is, the amount of his liability, is to be decided (even though within a limit) by an administrative body represents a radical departure from constitutional principle. It may be that the revenue could persuade Parliament to enact such a proposition in such terms that the courts would have to give effect to it: but, unless it has done so, the courts, acting on constitutional principles, not only should not, but cannot, validate it.
The "diverted profits tax" follows this lamentable example. Interestingly, the Revenue has started relying in tax cases which relate to a tax regulated by European Union law on the so-called principle of "abuse of rights" in EU law. This development has recently been endorsed by the Supreme Court in Pendragon Plc v Revenue and Customs Commissioners [2015] UKSC 37.
Mr. Ydoethur. evil bad Tories were doing that, though.
I think a lot of people will be bemused at this protest, especially as it's so soon after an election.
It's almost unbelievable that the far Left, in particular, has so little self-awareness at present. Do they actually want to forfeit what little support they have left?
Supping their Starbucks Frappucinos while busy tweeting from their iPads about their hardship....
Unlike you , some people with money still have feelings and care about others less fortunate than themselves.
Whoosh!
Ever the Nasty Nat eh Malcolm?
This bitterness can't be doing you any good.....what with your moral superiority and all.....
You were the one denigrating people just because they had apple products or liked coffee and tried to make out it was impossible for people like that to care about people more unfortunate than themselves. Nothing to do with being in favour of independence or bitterness. Very strange response from you indeed. You need to think now and again, not every poor person is a waster.
PS: I am well aware I am not perfect but I do have a conscience and count myself very lucky , even if I have worked very hard to get where I am.
I see the "left wing votes count double" tendency is still going strong today. It's not going to be helpful for the progressive parties in the short, medium or long term.
Mr. Ydoethur. evil bad Tories were doing that, though.
I think a lot of people will be bemused at this protest, especially as it's so soon after an election.
It's almost unbelievable that the far Left, in particular, has so little self-awareness at present. Do they actually want to forfeit what little support they have left?
Supping their Starbucks Frappucinos while busy tweeting from their iPads about their hardship....
The irony of shopping at Starbucks while marching against tax misdemeanours...
PS - I can't afford an iPad, and I'm hardly badly paid or poor...
Mr. Ydoethur. evil bad Tories were doing that, though.
I think a lot of people will be bemused at this protest, especially as it's so soon after an election.
It's almost unbelievable that the far Left, in particular, has so little self-awareness at present. Do they actually want to forfeit what little support they have left?
Supping their Starbucks Frappucinos while busy tweeting from their iPads about their hardship....
The irony of shopping at Starbucks while marching against tax misdemeanours...
PS - I can't afford an iPad, and I'm hardly badly paid or poor...
Just catching up on the last day or two's threads after work, F1, cricket and life intervened - it appears that the buildup to the Scottish indy referendum will go down as a model of civilised discourse on this site, when compared to the next year or two debating EU membership. Can't we all at least start off by playing the ball...??
Mr. Ydoethur. evil bad Tories were doing that, though.
I think a lot of people will be bemused at this protest, especially as it's so soon after an election.
It's almost unbelievable that the far Left, in particular, has so little self-awareness at present. Do they actually want to forfeit what little support they have left?
Supping their Starbucks Frappucinos while busy tweeting from their iPads about their hardship....
Unlike you , some people with money still have feelings and care about others less fortunate than themselves.
Whoosh!
Ever the Nasty Nat eh Malcolm?
This bitterness can't be doing you any good.....what with your moral superiority and all.....
You were the one denigrating people just because they had apple products or liked coffee and tried to make out it was impossible for people like that to care about people more unfortunate than themselves. Nothing to do with being in favour of independence or bitterness. Very strange response from you indeed. You need to think now and again, not every poor person is a waster.
PS: I am well aware I am not perfect but I do have a conscience and count myself very lucky , even if I have worked very hard to get where I am.
As I wrote Whoosh!
You clearly missed the irony of people drinking pricy coffee tweeting from expensive consumer electronics about their own "hardship"
Comments
Bit like opinion polls & political parties then.......
However, the flaw in her logic is that all the union members who voted for her and propelled her to 3rd place, wouldn't necessarily get a vote now that union members aren't automatically affiliated to the party.
We have an opt out from a few of the provisions of the Treaties, but the essence of the whole thing can be inferred from the above.
Edit: I also see on the previous thread that you are praying in aid a literal construction of the Treaties. This is either ignorance, or mendacity. The Court of Justice, which has the sole authority to interpret the Treaties, has always held that in construing the treaties, one must first look at their spirit, then their economic aspect, and lastly at their terms (Van Gend en Loos v Neder-Landse Tariefcommissie [1963] CMLR 105, 129). This was how the Court of Justice invented the principles of supremacy, direct effect, and state liability, which appear nowhere in the Treaties.
@JohnRentoul: If there is YouGov poll of Labour members & supporters tomorrow, remember YouGov got it wrong 2010, putting EdM ahead http://t.co/PFtfO3hxaF
Burnham 43.2%
Cooper 40%
Has the poll leaked?
'When I use a word,' Humpty Dumpty said, in rather a scornful tone, 'it means just what I choose it to mean — neither more nor less.'
Not convinced by the War Damages Act, example; this is not a question of tort, but of contract. Likewise, this is not a question of the UK government acting outside its regular remit. No-one would doubt the government has the right to borrow money.
More seriously, you seem to believe the state is something other that just another economic actor. Sure, it has the monopoly on the use of force in the UK. But other than that, why should I take it any more seriously than HSBC?
Will try and get the pre-race piece up in the next hour or so.
There is absolutely no evidence that Monnet ever made that statement either verbally or in writing.
Monnet was an absolute believer in a single European state and that was the main aim of his helping to create the EEC. But he was also a thoroughly honourable and decent man who was unremittingly honest about his aims and what he wanted to see happen in Europe.
The quote you are using was almost certainly created by opponents of Monnet and of the federalist project in general probably in the early 80s. It was not however a product of British Eurosepticism although it has sometimes been quoted by them.
But journalists need to write stories even if there is nothing to write about, hence for 5 months now every Monday and Friday there is Grexit and every Wednesday there is a deal.
If people had listened to me instead of the papers then they would have had less gray hair.
As you point out it does not and the ECJ has made clear on several occasions that the preamble's to treaties should be considered as important if not more important than the main text as they indicate the mindset of those who created the treaties and so help courts to understand how they should be interpreted in the case of disagreements.
Betting Post
Backed Alonso and Button [2 bets] not to be classified, at 2.5 with Ladbrokes. Essentially, because their cars keep breaking down.
http://enormo-haddock.blogspot.co.uk/2015/06/austriapre-race.html
(As an aside, I expect the British state to outlive the EU. But the UK was made by humans, and will one day be unmade by them. One day, the last human being who ever heard and understood the words "the United Kingdom" will pass away, and it will be lost to history. Nothing is forever.)
"Consider the lives led once by others, long ago, the lives to be led by others after you, the lives led even now, in foreign lands. How many people don’t even know your name. How many will soon have forgotten it. How many offer you praise now – and tomorrow, perhaps, contempt. That to be remembered is worthless. Like fame. Like everything." Marcus Aurelius
Marcus Aurelius does have some words of wisdom (before my second story, Journey to Altmortis, I include one of his quotes) but he could be a bit of a cock. Letting Commodus become emperor was not the act of a wise man.
But then I suppose Charlotte Church needs to find something to do with her wealth and fame now she can no longer sing.
But that is my point. It is all well and good attacking the lies of British politicians who pretend the EU is not about federal union - people like Clarke and Mandelson or pretty much every Lib Dem for the last 2 decades - but we should never criticise people like Monnet who were completely open in their dreams and had good reason for them.
They were wrong - I believe - in both their analysis and their solutions but they had the great benefit of being honest. There are still plenty of politicians in Europe today who are of a similar ilk. It is just a shame the crop we have had in Britain for the last few decades have not shown similar honesty.
http://www.bbc.co.uk/news/uk-politics-33210014
http://www.theguardian.com/politics/2015/may/07/labour-one-point-lead-tories-final-icm-poll
http://www.theguardian.com/politics/series/observer-opinium-politics-polls
I'm willing to bet from the context though that what he really means is 'tax avoidance', i.e. the clever exploiting of our woefully inept tax laws to pay as little tax as possible. That would fit with his known limited intellect and his penchant for shouting at rich people (presumably anyone who earns more than £89,000 a year, although to be fair I am told he is very scrupulous about expenses). However, here is another problem. It's not 'tax avoidance' that's the issue - it's the law. If it's legal, it's legal. If it should not be legal, Parliament should legislate to stop it. Yet again, they have never done so. To keep firms in this country? Perhaps.
Or perhaps because those people who have some passing grip on reality (so not Corbyn) realise that actually, tax avoidance is actually very common and it is therefore a moral and legal minefield. Once cleaned up, it might help some people, but definitely not the person who did the cleaning up. For example, I am myself a multiple tax avoider. I inherited a small amount of money through a Deed of Variation, I altered my offer on a house to avoid stamp duty, I have an ISA and I put money in a pension. Therefore, in the eyes of the law I am as bad as my constituency's largest employer. I would be most unhappy if those loopholes were closed off for me. Yet if tax avoidance is morally wrong - why should anyone be allowed to do it?
What might be more helpful all around is a full audit of how many middle managers and administrators there are in the public sector and how much actual work they do. When I worked in a university, we actually had more administrative departments than academic staff, although the raw numbers were roughly equal. I noticed that for most of the year a lot of them did very little work - there were some departments you went for just a coffee and a chat any time you felt a bit stressed. I am told by a then colleague, now a council administrator, that it wasn't by any means the worst example of featherbedding he had come across. If we could declutter some of that, maybe that would be a practical way of bringing costs down?
http://uk.businessinsider.com/survation-unpublished-poll-general-election-result-2015-5
https://twitter.com/HackneyAbbott/status/612288312506732544
"@DAaronovitch We elected a government not a one party state #EndAusterityNow"
Hmm.
...to say it is all part of the fun.
I think a lot of people will be bemused at this protest, especially as it's so soon after an election.
Edited extra bit: ahem, obviously not, was distracted
It's almost unbelievable that the far Left, in particular, has so little self-awareness at present. Do they actually want to forfeit what little support they have left?
I plan my tax affairs
You use a Deed of Variation
He is a tax avoider.....
Last
(Although strictly speaking, if you plan your tax affairs the Deed of Variation isn't needed - it's used when circumstances change but wills haven't changed to match, as in my case.)
To put it into context at least 750,000 marched against the Iraq War, protestors said 2 million, 400,000 against the hunting ban, 75,000 attended today's march (though People's Assembly claim 250,000)
In the same way as Jacques Delors convinced the British Labour movement that the EU could bind the Conservatives to social protection, could Osborne use the EU renegotiations to bind the Labour party to fiscal conservatism?
PS - I can't afford an iPad, and I'm hardly badly paid or poor...
In terms of popular support of the marches in question Iraq was the biggest and had the most public support and in retrospect, with the rise of Isis, was probably correct. The hunting march was least supported by the public but probably had the most passionate marchers because their livelihood and heritage and culture depended on it. This march has support amongst Labour, Green and nationalist voters but few others and is the standard leftwing crowd
A "tax avoider" arranges their affairs in a "non-natural" manner which, while legal, has the sole/primary purpose of minimising or eliminating tax. And is not the same in the eyes of the law since the GAAR regulations were introduced (a great reform by our visionary Chancellor)
" Liberal Democrat leadership hopeful Norman Lamb is at the centre of a ‘dirty tricks’ row after party memberships lists were used to conduct negative polling about his arch rival Tim Farron, The Telegraph can disclose. The Information Commissioner, the information watchdog, is set to be asked to investigate whether there was a breach of data laws in a move which could land the party with heavy fines. "
http://www.telegraph.co.uk/news/politics/liberaldemocrats/11688437/Norman-Lambs-Liberal-Democrat-leadership-campaign-in-dirty-tricks-polling-row.html
This really is something best handled internationally, perhaps by the EU or even the OECD. I'm not too worried that Amazon will then move its HQ to Botswana or Papua New Guinea, and if they did, then the developed world could make their hosts think again fairly swiftly. It's a serious issue for every developed economy, and I'd give Osborne credit for making at least some effort. Britain got very annoyed when California tried to introduce taxation of companies based on their local activity, but they were right then and we'd be right to try to do it now.
I'm uneasy about GAAR, having now read it. It seems for all its talk of 'safeguards' and 'onus' and 'double reasonableness tests' to be either toothless verbiage or potentially terrifying. I therefore stand by my view that if tax avoidance is to be minimised, the way to do it is by drastic reform (simplification) of the tax code.
Next question - who is willing to do that? Not Labour, and apparently not the Conservatives either.
It's silly giving a thespian's opinion more weight than the average person. We all know that writers are the true font of wisdom.
Ever the Nasty Nat eh Malcolm?
This bitterness can't be doing you any good.....what with your moral superiority and all.....
Whether the GAAR as written by Osborne is effective (or "terrifying", if you like - it needs to be scary if it's not easily avoidable) is something I should like to wait and see. If so, I'll be glad to praise him further.
A contract is, however, only enforceable where the parties can be required to submit to the jurisdiction of a court. Generally, there is no point suing the Crown in right of the United Kingdom to enforce a contract entered into by the British government anywhere other than the UK, since the Crown will successfully plead state immunity. It is a basic rule of international comity that you can only implead a sovereign in his own courts.
A government contract is thus enforceable to the extent to which an English or, God help us, a Scottish court is prepared to, and can enforce it against the Crown. In the ordinary course of things, the Crown is in private law generally treated as any other litigant, although no court can award an equitable remedy against the Crown. No court, however, has any jurisdiction to enforce a contract declared void by Parliament (see, for example, the Unfair Contract Terms Act 1977). Parliament also has the undoubted power to make retrospective legislation, of which the War Damage Act 1965 is merely one example, retrospectively reversing the judgment of the House of Lords against the Crown in Burmah Oil v Lord Advocate [1965] AC 75.
It follows that Parliament can retrospectively release the government, or any other person, from contractual liability it has incurred. If it does so, it may be true to say there is still a contract in some sense. Parliament cannot change history. It has, however, become no more than a gentleman's agreement, since it is unenforceable in a court of law. I stress I am not commenting on the political or economic wisdom of such a course, merely its legality.
I'm just glad we are not in the same situation as the US where big corporations spend giant amount of money lobbying for massive tax breaks pretty much on an individual basis. Irritates me enough when the video game makers and film industry campaign for similar here.
Very strange response from you indeed. You need to think now and again, not every poor person is a waster.
PS: I am well aware I am not perfect but I do have a conscience and count myself very lucky , even if I have worked very hard to get where I am.
Pollexit?
You clearly missed the irony of people drinking pricy coffee tweeting from expensive consumer electronics about their own "hardship"