Category Archives: robin tilbrook

English Democrats: The SNP for England? English Democrats chairman Robin Tilbrook is asked by the BBC if his party is the closest thing to an English SNP.

 

English Democrats: The SNP for England?

 

English Democrats’ chairman Robin Tilbrook is asked by Jo Coburn the BBC’s Daily Politics interviewer if his party is the closest thing to an English SNP?

Jo Coburn chucked me several googlies. How do you think I did?

Click here for the link >>>

CALL TO CELEBRATE ST GEORGE’S DAY ON 23RD APRIL AS THE ENGLISH NATIONAL BANK HOLIDAY The English Democrats are calling on all the 32 million people who identified themselves as “English Only” in the 2011 Census to turn out on Wednesday and to make this St George’s Day the best ever!

CALL TO CELEBRATE ST GEORGE’S DAY ON 23RD APRIL AS THE ENGLISH NATIONAL BANK HOLIDAY

Our press release:-

The English Democrats are calling on all the 32 million people who identified themselves as “English Only” in the 2011 Census to turn out on Wednesday and to make this St George’s Day the best ever!

Robin Tilbrook, the Chairman of the English Democrats, said:- “St George has been the Patron Saint of England since 1325. As the emblem Saint of our Nation we English, as a proud and historic Nation, should celebrate with gusto on Wednesday, 23rd.”

Robin continued:- “ Our English flag should be flying high on every flagpole in England upon St George’s Day!”

Robin Tilbrook
Chairman,
The English Democrats
Blog: http://robintilbrook.blogspot.co.uk/
FaceBook Profile: http://www.facebook.com/robin.tilbrook
Party Tel: 0207 242 1066
Twitter: @RobinTilbrook
Party Website: www.englishdemocrats.org
English Democrats’ FB Page: http://www.facebook.com/robin.tilbrook#!/www.EngDem.org
Chairman’s FB
Page: http://www.facebook.com/robin.tilbrook#!/Robin.Tilbrook.English.Democrats
Key facts about the English Democrats
The English Democrats launched in 2002. The English Democrats are the English nationalist Party which campaigns for a referendum for Independence for England; for St George’s Day to be England’s National holiday; for Jerusalem to be England’s National Anthem; to leave the EU; for an end to mass immigration; for the Cross of St George to be flown on all public buildings in England.

The English Democrats are England’s answer to the Scottish National Party and Plaid Cymru. The English Democrats’ greatest electoral successes to date include winning the Directly Elected Executive Mayoralty of Doncaster Metropolitan Borough Council and the 2012 referendum; We won the referendum which triggered a referendum to give Salford City an Elected Mayor; In 2012 we saved all our deposits in the Police Commissioner elections and came second in South Yorkshire; In the 2009 EU election we gained 279,801 votes after a total EU campaign spend of less than £25,000 (giving the English Democrats by far the most cost efficient electoral result of any serious Party in the UK)

Complaint against the Members of the House of Lords Constitution Committee

After I had submitted evidence to the House of Lords “Constitution Committee” chaired by Baroness Jay, I found that none of the English groups that had given evidence are to be called to give oral evidence.

It is no surprise that a Committee chaired by the daughter of Jim Callaghan would be biased and anti-English but that is no reason not to protest!

So I complained to the House of Lords’ Commissioner for Standards. Here is the correspondence.

What do you think?

My initial letter to House of Lords’ Commissioner for Standards dated 20th March 2014

Dear Commissioner for Standards

Re: Complaint against the Clerk and Members of the House of Lords Constitution Committee

The English Democrats and two other English groups (the English Lobby and the Campaign for an English Parliament) put in submissions to the “Scottish Independence: Constitutional: Implication for the rest of the UK” Inquiry by the House of Lords “Constitution Committee”.

None of the English submissions were called in for oral submissions, which I find suspicious as to the Committee’s agenda and whether or not it has behaved in an open, transparent and proper manner, both under the Code of Conduct and also under the Equalities Act 2010.

The members of the Committee are as follows:-

Baroness Jay of Paddington (Chair) – Labour

Lord Crickhowell – Conservative

Lord Cullen of Whitekirk – Crossbench

Baroness Falkner of Margravine – Liberal Democrat

Lord Goldsmith – Labour

Lord Hart of Chilton – Labour

Lord Irvine of Lairg – Labour

Lord Lang of Monkton – Conservative

Lord Lester of Herne Hill – Liberal Democrat

Lord Lexden – Conservative

Lord Powell of Bayswater – Crossbench

Baroness Wheatcroft – Conservative

I note from their entries in the House of Lord’s website, that none of them appear to have either made a registration or a declaration of interest relevant to this inquiry. It is obvious that, in such an inquiry, their national identity is a relevant interest in the context of the matter under discussion, to use the words of paragraph 82 of the Code of Conduct.

I submit that it is also in a category of “Interest” which although possibly non-financial (depending where their property is) but, in any event, is an “Interest” that ought to be Registered and/or Declared.

I consider that the members (apropos paragraph 7) should have conducted this Inquiry based on considerations of public interest and the public interest does of course include compliance with the Equality Act.

Regarding section 9) c) the conduct of the Committee does not meet the standard of objectivity in carrying out public business, nor do the responses that I have received from the Committee’s Clerk (copies of this correspondence I enclose), comply with the section 9) e) requirement of openness about the decisions that they took – in this case to exclude all English representation from the discussion.

Considering that the English represent some 90% of the population of the UK and over 60% (over 32 million) of them have declared themselves to be of ‘English Only’ national identity in the 2011 Census results, it is obvious that no inquiry into the constitutional implications for the rest of the UK could be properly conducted without English opinion being fully taken into account.

I submit that failure to register and/or declare their national identity is a breach of 10) a) and that as a reasonable member of the public I consider that under paragraph 11 national identity interests in this question would be thought by any reasonable member of the public to influence the way in which the members of this Committee have discharged their parliamentary duties in the case of the Committee, in respect of the particular matter under discussion.

As the Clerk has declined to answer my questions, I am unable to focus this complaint on the individual members of the Committee who have acted to the detriment of a proper discussion on this issue. I would therefore ask you to enquire into the answers to my Equality Act questions and also to determine whether there has been a breach or breaches of the House of Lords’ Code of Conduct in respect of each and every Committee member.

Yours faithfully

R C W Tilbrook

Enc.

Letter dated 26th March 2014 from the House of Lords Commissioner of Standards, Paul Kernaghan CBE QPM

Dear Mr Tilbrook

I am writing in response to your letter of complaint dated 20th March 2014 (your ref RT/37).

Your letter is headed “Complaint against the Clerk and Members of the House of Lords Constitution Committee”. My remit is limited to investigating complaints against members of the House of Lords, not the staff of the House. This reply therefore addresses your letter only as it applies to the members of the Constitution Committee.

I have carefully considered the points you make and my preliminary assessment is that your complaint does not meet the criteria set out in the House of Lords Code of Conduct and Guide to the Code of Conduct.

The first element of your complaint appears to be that the English Democrats, the English Lobby and the Campaign for an English Parliament were not invited to give oral evidence to the Constitution Committee. The Code of Conduct relates to members of the House of Lords individually, and not to a select committee’s collective decisions. There is no provision in the Code about committees inviting oral or written evidence; this element of your complaint therefore falls outside my remit and does not relate to an alleged breach of the Code.

The second element of your complaint seems to be that the members of the Constitution Committee have not registered or declared their national identity as an interest relevant to the Constitution Committee’s inquiry into “Scottish independence: constitutional implications for the rest of the UK”. Members of the House of Lords are required to be British, Irish or Commonwealth citizens. There is no requirement in the Code for members to register on the Register of Lord’s Interests their national identity. Nor is there a requirement in wider British law for individuals to declare a national identity. I considering whether members of the committee should declare their national identity I must assess whether that would be considered by a reasonable member of the public as relevant to the subject-matter of the committee’s inquiry. In this case the inquiry is into certain constitutional implications for the rest of the UK of any “yes” vote in the Scottish independence referendum. The committee’s call for evidence states that the inquiry is covering the conduct of potential negotiations; the position of assets and liabilities, and shared services of the UK; and implications of the UK Parliament. The call for evidence states that the committee’s inquiry is focussed. At no point does it indicate that the committee is exploring questions of national identity or citizenship matters. I therefore conclude that this element of the complaint does not demonstrate a prima facie breach of the Code.

The third element of your complaint appears to be that members of the committee have not complied with the Equality Act 2010. My remit is to investigate alleged breaches of the Code of Conduct. That element of your complaint therefore falls outside my remit.

In the light of the above I do not intend to investigate your complaint. However, if you can provide further evidence of a specific breach of the House of Lords Code of Conduct, I am prepared to examine that material.

Yours sincerely

Paul Kernaghan CBE QPM

Commissioner for Standards

My letter to Mr Paul Kernaghan CBE QPN, Commissioner of Standards dated the 31st March 2014

Dear Mr Kernaghan

Re: Complaint against Members of Constitutional Committee

Thank you for your letter of the 26th March and for responding so promptly.

As you have dealt with our complaint in what you have labelled as three “elements” and indicated that you think that the first and third elements are outside your jurisdiction, I will concentrate on the second element.

I must admit I am somewhat surprised with your response to the second element, since it seems to me absolutely obvious that the national identity of individuals is probably the most relevant interest that they could have in an Inquiry of the nature that the Constitutional Committee is inquiring into.

There may not be any specific requirement in the Code for Members to register their national identity. My point is however that in inquiring into Scottish Independence: Constitutional Implications for the Rest of the UK, it is obvious that any reasonable member of the public would regard the individual Committee Member’s national identity as being of utmost relevance to the subject matter of the Committee’s inquiry.

This is especially so when it is realised that there is no constitutional validity to the idea of the “rest of the UK” being an automatically continuing constitutional entity if Scotland become Independent, as was made plain in both my submission and in that of the only other submission made by a practising lawyer dealing with this concept, Judge Ian Burns Campbell. I enclose a copy of my submission.

In the event that Members of the Committee seek to use their position to give substance to a constitutionally bogus idea such as “rest of the UK”, it would be of great interest to know their national identity.

It would also be of some interest to know whether the Committee adequately reflects the proportion of national identity across the current UK. From what I can see of the background of the Committee Members it would appear there are relatively few who would have any interest in or desire to speak for England – because of their national identity!

At a time when the 2011 Census results show that over 60% of the population of England, that is over 32 million people, regard themselves as having English Only national identity it would certainly be of considerable relevance to know whether there are in fact any Members of the House of Lords Constitutional Committee that have English Only national identity. At the very least, in my respectful submission, what Members should have done and should now be required to do is to make a Declaration of Interest so far as this inquiry is concerned, and, indeed, any other Inquiries that relate to devolution or to the independence of any of the constituent nations of the UK State.

In light of the above I do hope that you will take the necessary action to require the Members of the House of Lords Constitution Committee to make a Declaration of Interest of their respective national identities.

Whilst writing I would remind you that National Identity under the Equality Act is a different concept to racial group or ethnicity. It is the concept of which national group an individual self-identifies with. It is that very element of self-identity which means that any reasonable member of the public would want to know the National Identity of each Committee Member in order to understand what the Committee Member’s views are likely to be on any relevant national question as the UK moves towards this dissolution.

Yours sincerely

R C W Tilbrook

Enc.

Letter dated 9th April 2014 from the House of Lords Commissioner of Standards, Paul Kernaghan CBE QPM

Dear Mr Tilbrook

Thank you for your letter dated 31 March 2014.

I have carefully considered the points you raise but have decided to screen out your complaint.

The Guide to the Code of Conduct provides guidance on non-financial interests in some detail. Paragraph 90 lists non-financial interests that are not normally registered but which it may be necessary to declare in certain circumstances. Amongst these are “membership of Churches or other religious bodies or organisations”. There is no mention of “national identity”. As I have previously advised you, members of the House of Lords are required to be British, Irish or Commonwealth citizens. There is no requirement for committees of the House to consider “national identity” when calling witnesses. As mentioned in my previous letter, “national identity” is not covered in the call for evidence for the Constitution Committee’s inquiry. Thus I do not consider that any member of that committee has breached the Code of Conduct by not declaring their national identity.

Yours sincerely

Paul Kernaghan CBE QPM

Commissioner for Standards

My letter dated 11th April 2014 to Mr Paul Kernaghan CBE QPN

Dear Mr Kernaghan

Re: Complaint against Members of Constitutional Committee

Thank you for your letter of the 9th April. With respect you have demonstrated the inadequacy both of your role and of the House of Lords Code of Conduct. For it not to be an admissible complaint that members of the committee have failed to declare their national identity when conducting an inquiry into an issue where national identity plays a key role is simply the stuff of a classic Whitehall farce!

You have nicely demonstrated the rottenness of the current system of crony appointments by the British Political Establishment to our Upper Legislative Chamber.

The sooner the British Unionist State is dissolved and England has a proper and fully democratically elected legislature the better!

Yours sincerely

Robin Tilbrook

English Fools Day Demonstration 1st April 2014

English Fools Day Demonstration 1st April 2014

The English Democrats are organising demonstrations on April 1st outside English Department of Health Offices in protest over continued unfair Prescription Charges – which are going up again on that day in England! The English Democrats’ Demonstrations will take place on April 1st between 10 am to 12.00 noon at various venues across England.

The English are now the last nation within the UK not to have free prescriptions as the Scots, Welsh and Northern Irish have all got free prescriptions for all their people at English taxpayers’ expense. To add insult to injury the British Government has announced that it will be putting up the prescription charges from £7.85 to £8.05 (increasing to £8.25 in the next year) in England only! The British Government clearly thinks that the English are fools and maybe we are if we put up with them!

The cost of NHS prescriptions in England will rise 20p to £8.05 from 1st April and NHS Dental charges are also rising by up to £5.00.

Doctors leaders have already said the current system is unfair and needs to be reformed in England – the English Democrats strongly agree. Here is a video clip which explains the English Democrats’ approach >>> https://www.youtube.com/watch?v=8ZKZ1oLYB0M&list=UULXT-HuPORYWUC57YbKryQg

A British Medical Association spokesperson said recently that the current system needs reforming:-

“It’s unfair for patients as whether you pay depends not only on what part of the UK you live in, but also on what kind of condition you have. The bureaucracy to administer the charging and exemption regime is also cumbersome and costly. The BMA believes it would be best to abolish prescription charges in England altogether.”

English Democrats’ Chairman, Robin Tilbrook, said:- “We agree whole-heartedly with the BMA. Prescription charges should be scrapped in England – just like they have been in the rest of the UK. This is just another example of the anti-English bias of a British government hell bent on profiteering from English taxpayers who are often being made to pay twice through their tax and for their prescription charges as well as for the Scots, Welsh and Northern Irish to have it free. The English Democrats are committed to fighting this kind of injustice and getting fair and equal treatment for the English”. The British Government thinks that the English are fools. We are trying to show them that not every Englishman and Englishwoman is so easily fooled! Even on April Fools day!



Robin Tilbrook
Chairman,
The English Democrats,
Blog: http://robintilbrook.blogspot.co.uk/
FaceBook Profile: http://www.facebook.com/robin.tilbrook
Party Tel: 0207 242 1066
Twitter: @RobinTilbrook
Party Website: www.englishdemocrats.org
English Democrats’ FB Page: http://www.facebook.com/robin.tilbrook#!/www.EngDem.org
Chairman’s FB
Page: http://www.facebook.com/robin.tilbrook#!/Robin.Tilbrook.English.Democrats
Key facts about the English Democrats
The English Democrats launched in 2002. The English Democrats are the English nationalist Party which campaigns for a referendum for Independence for England; for St George’s Day to be England’s National holiday; for Jerusalem to be England’s National Anthem; to leave the EU; for an end to mass immigration; for the Cross of St George to be flown on all public buildings in England.

The English Democrats are England’s answer to the Scottish National Party and Plaid Cymru. The English Democrats’ greatest electoral successes to date include winning the Directly Elected Executive Mayoralty of Doncaster Metropolitan Borough Council and the 2012 referendum; We won the referendum which triggered a referendum to give Salford City an Elected Mayor; In 2012 we saved all our deposits in the Police Commissioner elections and came second in South Yorkshire; In the 2009 EU election we gained 279,801 votes after a total EU campaign spend of less than £25,000 (giving the English Democrats by far the most cost efficient electoral result of any serious Party in the UK)

Ever imagined that the courts are unbiased? If so, here is your medicine. Read and be cured!

Kirk here – beam me up Scotty!

Here is an excellent and all too true explanation of the institutional bias at the heart of the new style British judiciary. New Labour gerrymandered so many other things so why would anyone imagine they didn’t do so also to the courts?

Ever wondered why our courts have a Leftist bias?

 By Daniel Hannan

Why do we need a quango for barristers?

Judicial activism is a problem in almost every country. Judges have a lamentable, if inevitable, tendency to rule on the basis of what they think the law ought to say rather than what it actually says.

But here’s a puzzle. Why do they always seem to be biased in the same direction? Courts are forever striking down deportation orders, but did you ever hear of them stepping in to order the repatriation of an illegal immigrant whom the Home Office had allowed to stay? The imposition by Parliament of minimum prison tariffs for certain offences was howled down as an assault on judicial independence. But maximum tariffs? No problem there. It’s common for warrants to be served against Augusto Pinochet or Ariel Sharon or George Bush; never against Fidel Castro or Robert Mugabe or Kim Jong-un. A minister rules that a murderer should’t be released? Outrageous! A minister rules (in Northern Ireland) that murderers should be released? Quite right.

The US judge Robert Bork wrote a book called Coercing Virtue, which argued that judges were consciously seeking to advance an agenda that had been rejected at the ballot-box. It amounted, Bork averred, to “a coup d’état – slow-moving and genteel, but a coup d’état nonetheless”.

Judges are often open, when speaking extra-judicially, about what they see as their obligation strike down (in Lord Woolf’s phrase) “bad laws”. In one sense, judicial activism is inescapable. Someone, after all, has to be the final arbiter. As Bishop Hoadley of Winchester remarked three centuries ago, “whoever interprets a law may justly be considered the lawgiver, not he who first wrote or spake it”.

Still, why does the judiciary lean Left? Half a century ago, the popular stereotype of a judge was of a stern disciplinarian committed to the absolute defence of property rights. What changed?

Part of the problem is surely the appointments system. Judges used to be chosen by the Lord Chancellor – a system which on paper seemed open to abuse and which, for that very reason, was in practice almost never abused. Successive Lord Chancellors, conscious of their responsibility, would carefully avoid any suspicion of partiality. Then, in 2005, Labour created a Judicial Appointments Commission, which was charged with promoting candidates on the basis, inter alia, of “the need to encourage diversity”. While diversity is certainly desirable (diversity in the fullest sense – of opinion and outlook as well as sex and race), the vagueness of the criterion opened the door to favouritism and partisanship.

Indeed, the prejudice starts further upstream. It’s not easy to be a judge unless you’ve been a QC. The Bar used to be self-regulating, but New Labour changed that, too, creating a quango called QC Appointments. Here, too, one of the criteria is commitment to diversity.

It is vital to stress that this doesn’t mean having more diverse QCs – for which a good case can be made. It means promoting barristers who have a political commitment to “diversity” in the Leftie, public-sector sense of he word. The QCA’s general report, explains that “diversity competence” includes both awareness and action… being aware is not enough: there must be evidence of support for the principle and practice of diversity, or personal action.

For the avoidance of doubt the QCA’s “Approach to the Competencies” report explains:

The Panel sought evidence of a pro-active approach to diversity issues which in outstanding candidates ran like a consistent ‘thread’ through their language and behaviours.

You don’t need to be Richard Littlejohn to see that this is a political test. In the name of diversity, a less diverse cohort of QCs is being created, one whose members are expected to endorse the Left-liberal orthodoxy. Thus can a party that loses office retain power.

It’s worth remembering that the Conservatives were elected on a promise to abolish unelected agencies. Here is an especially superfluous example. Why, after all, should the state have any role in privileging some barristers over others? Couldn’t this be left to the profession itself?
Ministers have scrapped one QCA – the hopeless quango that was supposed to regulate exam boards. Why is the other still hanging around?

http://blogs.telegraph.co.uk/news/danielhannan/100263531/heres-why-the-courts-tend-to-lean-left/ 

Scottish Government demands all UK State assets in Scotland outright and also a share in all other UK State assets!

Scottish reivers or Border Raiders in action

In a previous Blog article I reported on the submission which I put in on behalf of the English Democrats to the Constitution Committee of the House of Lords. The written submissions to the Committee have now been published on the Committee’s website.
 

Nichola Sturgeon MSP, for the SNP and the Scottish Government, has put in the Scottish submission. 

Whilst I think it would be sensible to see this document as a negotiating positioning document rather than the SNP’s final view on what they would be willing to accept, I think we can see that they are rapidly moving towards the point when not only will they demand many of the State assets of what is now the United Kingdom, but also will probably refuse to take any of the debt.

Click here to see the details>>> http://data.parliament.uk/writtenevidence/WrittenEvidence.svc/EvidenceHtml/6969.

What however does come out strikingly is the Scottish determination to not only have their own Scottish cake but to eat the English cake too!

Consider the following quotation from the Scottish Government’s submission:-

11. Following a vote for independence, the Scottish Government will negotiate with Westminster to agree a sharing of assets and liabilities that is fair, equitable and reflects Scottish needs and those of the rest of the UK. Assets already used to deliver devolved public services in Scotland, such as schools, hospitals and roads, would remain in Scottish hands. Physical assets located in Scotland and needed to deliver currently reserved services, such as defence bases and equipment, and buildings to support administration of welfare, tax and immigration, will transfer to the Scottish Government.

12. Assets located elsewhere in the UK will also have to be included in negotiations, as Scotland has contributed to their value over a long period of time. For physical assets like these, the equitable outcome may be to provide Scotland with an appropriate cash share of their value.

What we can now see here is that the Scottish position is that any UK State asset that is within Scotland should go to Scotland absolutely. Whereas any asset which is outside of Scotland is to be treated as being partly Scottish. 

Ironically Nicholas Sturgeon MSP says that this will be “a sharing of assets and liabilities that is fair, equitable and reflects Scottish needs…”. 

You have got to laugh!

Scottish Government demands all UK State assets in Scotland outright and also a share in all other UK State assets!

Scottish reivers or Border Raiders in action

In a previous Blog article I reported on the submission which I put in on behalf of the English Democrats to the Constitution Committee of the House of Lords. The written submissions to the Committee have now been published on the Committee’s website.
 

Nichola Sturgeon MSP, for the SNP and the Scottish Government, has put in the Scottish submission. 

Whilst I think it would be sensible to see this document as a negotiating positioning document rather than the SNP’s final view on what they would be willing to accept, I think we can see that they are rapidly moving towards the point when not only will they demand many of the State assets of what is now the United Kingdom, but also will probably refuse to take any of the debt.

Click here to see the details>>> http://data.parliament.uk/writtenevidence/WrittenEvidence.svc/EvidenceHtml/6969.

What however does come out strikingly is the Scottish determination to not only have their own Scottish cake but to eat the English cake too!

Consider the following quotation from the Scottish Government’s submission:-

11. Following a vote for independence, the Scottish Government will negotiate with Westminster to agree a sharing of assets and liabilities that is fair, equitable and reflects Scottish needs and those of the rest of the UK. Assets already used to deliver devolved public services in Scotland, such as schools, hospitals and roads, would remain in Scottish hands. Physical assets located in Scotland and needed to deliver currently reserved services, such as defence bases and equipment, and buildings to support administration of welfare, tax and immigration, will transfer to the Scottish Government.

12. Assets located elsewhere in the UK will also have to be included in negotiations, as Scotland has contributed to their value over a long period of time. For physical assets like these, the equitable outcome may be to provide Scotland with an appropriate cash share of their value.

What we can now see here is that the Scottish position is that any UK State asset that is within Scotland should go to Scotland absolutely. Whereas any asset which is outside of Scotland is to be treated as being partly Scottish. 

Ironically Nicholas Sturgeon MSP says that this will be “a sharing of assets and liabilities that is fair, equitable and reflects Scottish needs…”. 

You have got to laugh!

UK – "PUNCHING ABOVE OUR WEIGHT": – BANTAM OR LESS?

UK – “PUNCHING ABOVE OUR WEIGHT”: – BANTAM OR LESS?
For anyone interested in the defensive and offensive capability of the UK, which is a key part of the Unionist claim that together “we punch above our weight on the world stage”, this article is of great significance.

The authors state that, following the 2010 Defence cuts, we now have an army of 82,000.

This means they say:- “The reduction in the capacity of the British Army to deploy for war for more than a few months means that it will be unable to field more than 8,000 to 9,000 men on continuous operations, after the necessary time for recuperation and training are taken into account.”

Also:-
“The RAF are now left with nine squadrons of operational fast jets and for continuing operations would be unlikely to field more than thirty offensive aircraft. Also, with the cancellation of the nearly completed Nimrod-4, the RAF lost its entire capacity for maritime patrol, leaving a dangerously reduced capacity to escort our nuclear deterrent submarines in home waters, or to conduct anti-submarine and surface surveillance operations. The Joint Harrier Force, which comprised the upgraded Harrier GR9s, was withdrawn from service and the Joint Strike Fighter order was reduced from 138 to 48.”

On the Royal Navy:-
“The Navy surface combat fleet has been reduced to 19 frigates and destroyers, two thirds of them ageing ships, instead of the thirty two that the 1998 Strategic Defence Review considered the minimum for meeting the Navy’s commitments.

Finally, the arbitrary reduction of naval personnel to about 23,000 (excluding Royal Marines) will seriously endanger the manning of the fleet.”

Here is the full article:-

UKNDA Commentary 4

DIMINISHED CAPABILITIES AND INCREASED RESPONSIBILITIES

Time for an objective defence review

By Antony Hichens, Air Chief Marshal Sir Michael Graydon and Vice-Admiral Sir Jeremy Blackham.

In 2010 the incoming Coalition government published a Strategic Defence and Security Review (SDSR 2010) which resulted in significant reductions in Britain’s defence capabilities. The review came in the context of the post-2008 economic financial crisis. Government spending had risen under the previous Labour government, dramatically in the case of health, education and welfare. Almost the only area of government expenditure to fall as a percentage of GDP had been defence. Nonetheless, given the massive government borrowing requirement to bridge the gap between reduced taxes and still rising expenditure, cuts had to be made.

The stresses of Coalition government cannot have been helpful when it came to deciding just what to cut. Nor was a prime ministerial commitment to maintain expenditure on the massive health budget. The result was a range of cuts across the board, with defence cut yet again, despite having already halved its share of GDP over the previous 20 years. Bizarrely, the one area of increased government expenditure was foreign aid, doubling to 0.7% of GDP.

SDSR 2010, unlike the previous review in 1998, was certainly not a strategic defence review. Given the predetermined level of government expenditure, cuts were not made to support strategic choices but where they were most readily available. The situation was made more difficult by the scale of outstanding defence equipment plans which could not be accommodated, even within the existing budget. This ‘bow wave’, estimated at £38 billion, was not unique. It has been common for programmes to be overheated to allow for the uncertainty, technical delays and changes which historically have always occurred; the Ministry of Defence had become used to programmes being strung out over time, allowing budgets more or less to cope. But the very substantial thinning-out of the equipment programme now meant that defence companies were completing programmes more swiftly.

The Conservative government had left a similar legacy in 1997, but this time, with a Coalition government determined not to spend a penny more on defence than they had announced lest it affect the willingness of other departments to accept their own painful cuts, public outrage was stirred up about this ‘unfunded black hole’ to justify further deep cuts to defence funding.

Much has been written about Britain’s diminished military strength as a result of SDSR 2010.The list below is a brief summary:

Army numbers were cut from 102,000 to 82,000, with the fig leaf that the Army Reserve would in due course increase from 20,000 to 30,000 in partial compensation. There are serious doubts as to whether the Reserve will succeed in its recruitment target. The reduction in the capacity of the British Army to deploy for war for more than a few months means that it will be unable to field more than 8,000 to 9,000 men on continuous operations, after the necessary time for recuperation and training are taken into account.

The RAF are now left with nine squadrons of operational fast jets and for continuing operations would be unlikely to field more than thirty offensive aircraft. Also, with the cancellation of the nearly completed Nimrod-4, the RAF lost its entire capability for maritime patrol, leaving a dangerously reduced capacity to escort our nuclear deterrent submarines in home waters, or to conduct anti-submarine and surface surveillance operations. The Joint Harrier Force, which comprised the upgraded Harrier GR9s, was withdrawn from service and the Joint Strike Fighter order was reduced from 138 to 48.

Serious damage was also done to the Royal Navy. Although both the new aircraft carriers are to be completed – allowing one carrier to be operational at all times provided adequate trained manpower is available – the reduction in the Joint Strike Fighter (JSF) purchase will allow only one air group, half the size originally planned. Poorly handled attempts to convert the carriers to operate conventional catapult launched aircraft failed with additional costs resulting from the delay penalising the rest of the programme and precluding interoperability with US and French carrier aircraft. The surface combat fleet has been reduced to 19 frigates and destroyers, two thirds of them ageing ships, instead of the thirty two that the 1998 Strategic Defence Review considered the minimum for meeting the Navy’s commitments. No surface combat ships are currently on order and shipbuilding capacity has been so reduced that the replacement of any ships lost in action will be extremely difficult. Even the new Astute class of nuclear-powered hunter killer submarines has been reduced from ten to seven. Finally, the arbitrary reduction of naval personnel to about 23,000 (excluding Royal Marines) will seriously endanger the manning of the fleet.

More serious than the simple arithmetic is the lack of strategic coherence in a review which announced that none of Britain’s global influence would be surrendered. To this must be added the potential impact on force structures of any Scottish vote for independence. Even the sharply reduced numbers announced in SDSR 2010 are therefore still to be confirmed in SDSR 2015.

The Coalition government must now ask itself whether the diminished scale of military strength is appropriate for Britain’s circumstances and aspirations, or whether, five years after the start of the economic crisis, with signs, confirmed on 21 January 2014, that the cycle of growth is returning Britain to a more normal state of economic health faster than previously thought – and hence a more robust tax base – the whole question of what we should spend on defence should require a further, more fundamental, review.

SDSR 2015, promised by the Coalition in 2010, approaches. Is it to be another budget driven review that asks only on what we should spend an arbitrary sum or should the question be put the other way round? Should we determine a national strategy for the United Kingdom, derive from it a defence strategy and then calculate the force structure required to meet this and cost it? If the cost is then judged to be too great the strategic assumptions must be revisited but, if it is concluded that the military risks we now run are too great, we might have to face a return to spending a somewhat higher proportion of GDP on defence rather than continue to make wholly unreasonable demands on the surviving armed forces.

No government should spend more money on defence than is necessary. However, the way to determine what it would be wise to spend cannot come from plucking a figure out of the air in order to demonstrate that the MoD is among those departments that have played their part in diminishing the government borrowing requirement.

Britain is not alone in cutting defence spending in favour of more electorally appealing objectives. Our major western allies, other than the United States, on average spend even less than we do, averaging 1.6% of GDP. However, we are all dwarfed by the Americans. The USA, with five times our population, spends over ten times as much on defence – some 4.7% of GDP. With a population smaller than Europe as a whole it spends more than double the EU average. We now expect the USA to play the leading role in every step that the western alliance takes to protect itself against terrorism, dysfunctional states, and states that oppose us to the degree that war could one day break out.

Up till 1990 we thought it wise to spend 4% or more of GDP on defence. Yet the world has, arguably, become more dangerous, and certainly more unpredictable, than during the Cold War. There may now be a lower chance of a nuclear exchange, but the new instability means that the need for conventional defences may be greater.

What then is Britain’s defence and security strategy? Is it to be the most reliable and capable ally of the United States and thus in a position to seek that powerful country’s support when our own interests are under threat? Or is it, not necessarily in contradiction, to be one of two or three leading powers in the EU capable jointly of ensuring Europe’s ability to defend itself and protect its own interests even where they diverge from those of the United States.

America’s defence deployment is increasingly focused elsewhere as the power and ambition of China and others continues to grow. Can we be sure that the rising nations have the same aversion to the use of military force that we now have? Surely our spending should follow those priorities that are truly strategic, which only government can deliver?

Any British government has an exceptionally difficult balancing act to carry out today when spending the nation’s wealth. Health inexorably consumes more funding, partly because we continue to find more expensive ways of keeping people healthy and partly because, as a result, the number of older people requiring medical care is increasing. This problem is so large that, without reform of the way we fund health, the cost to the public purse may well overwhelm us, regardless of the collateral damage it does to defence and other spending. Few if any other nations attempt to fund health entirely from public funds.

We cannot tell the government where to spend the nation’s tax revenues, other than to insist that priority be given to those public goods that only government can supply and to point out that the reduction in defence funding over the years has been a political choice, not one dictated solely by an economy in temporary crisis.

There are those in government who believe that the UK still spends too much on defence. They argue that the British have had a view of their country’s role in the world that is outdated and cannot be sustained. Today, they say, it is ‘soft power’ that really counts. With less war fighting capability we can keep out of ‘bad wars’. However, how can we be sure that the world will not change for the worse? We are taking decisions now that will fix our defence capabilities for twenty years, far beyond the forecast horizon of any threat.

Our view is unambiguous. Soft power is important but demands an underpinning by hard power to be effective. We believe that Britain, as a permanent member of the UN Security Council, cannot abdicate its proper role in global security. We should play an appropriate part in the American-led alliance if we wish to rely on America’s protection in a crisis. Only a proper strategic examination of the sort described above, and the willingness to face honestly and openly the cost of what we wish to do, can establish what that appropriate share is.

A very senior politician once told one of us in private that defence is not an electoral issue and the public does not care about it; he implied that the government would do the minimum necessary. There has been some increase in public criticism of where SDSR 2010 has left us as a nation, and as an ally, yet there is sufficient truth in that observation to make it necessary to appeal to any government to do what is right rather than what is politically advantageous in the near term. The only serious political threat to a government which fails to spend adequately on defence comes if it is in power when the music stops and Britain suffers a serious military reverse. Perhaps the politics of defence are better likened to a game of Russian roulette than to musical chairs. You can hold the revolver to your head, rotate the chambers – the more chambers you can afford the better the odds – and fire many times before it ends in bloody ruin, but the politician who is in power when the live round is fired will be remembered, at best as naïve and incompetent, but more likely as the man who risked national humiliation.

So let SDSR 2015 be a genuine strategic review. Let it do its work unconstrained by a pre-determined figure for defence expenditure. Let our national aspirations be quantified. Let the weaknesses which the missing capabilities represent be carefully considered. Let the best ways of spending as much as we do now, or a little more, be measured and laid out. Let us consider the need for a defence industry strategy. Let us have a national debate about where defence lies in our priorities. Is it really the first duty of government? One can be forgiven for believing that, whatever politicians say on that point, it takes a crisis for them to act as though it were so. Let us settle, for this generation at least, the level at which we should punch in the Western alliance, the role we should have in the leadership of the defence of Europe, the closeness of our alliance with the United States and our capacity to do things for ourselves when nobody else is interested. It would be surprising, but not impossible, for far-sighted strategists to conclude that what we now spend is about right. All we ask is that we take a completely honest look at defence needs, set out the range within which spending might reasonably lie and then explain why it is that we choose to position ourselves at a particular point in that range.

Do not ask, as one senior politician asked us, where we think the money is going to come from if the conclusion is that we should spend more on defence. It is a question of political priorities. Do we have to budget over £11 billion a year for foreign aid? Do we have to have a nearly free NHS instead of a co-payment system? Do we have to have such a generous level of benefits for so many people? Remember that Britain is one of the six richest countries in the world. Money can be found if there is a good enough reason for spending it.

Between now and 2015 let us look very carefully at the state of our defences and what the implications are for the long term strategy and security of this country. And let us always remember that if Britain does not continue to bear its fair share of the cost of the western alliance and the protection it brings, our special relationship with the United States will wither and die – and our guarantee of security with it. The need to increase our defence capabilities must also reflect the fact that America is now cutting its defence budget and its commitment to Europe and the Middle East. This is a fundamental change in the assumptions underlying SDSR 2010.

This Commentary has been prepared by the UKNDA panel of authors including Antony Hichens, Air Chief Marshal Sir Michael Graydon and Vice-Admiral Sir Jeremy Blackham.

UK to be Python-esque “dead parrot” after Scottish Independence?


The British Establishment’s increasingly desperate support for the idea of the “rest of the UK” (rUK) reminds me of (for the middle aged amongst us) the “dead parrot” sketch from Monty Python. I am reminded of the shop-keeper’s self-interested and ludicrous attempts to persuade his customer that the parrot is healthier than it seems! Here is the ‘Python clip >>>

http://www.youtube.com/watch?v=4vuW6tQ0218

The House of Lords Select Committee on the Constitution, chaired by Jim Callaghan’s daughter, Baroness Jay of Paddington. It has called for evidence for an Inquiry into the constitutional implications for the remainder of the United Kingdom in the event of a Yes vote on the 18th September.

The assumptions for the questions are that there will be a constitutional entity called the rUK. My view could be expressed as a mathematical formula:-

E + S = GB   therefore   GB – S = E 

(Where E = Kingdom of England, S = Kingdom of Scotland, GB = United Kingdom of Great Britain).

Below are my submissions to the Committee. What do you think?

Scottish Independence: Constitutional implications for the rest of the UK

I am the Chairman of the English Democrats, which is the only English party that is interested in such constitutional implications. We are of course interested in the constitutional implications for England. As English nationalists we call for English Independence.

The first point to make crystal clear in the event that Scotland goes independent, and I make this point, not only as the Chairman of the English Democrats, but also as a lawyer and practicing solicitor, that there is no automatically persisting entity known as “the rest of the UK”. This point rests on basic constitutional legal principles and derives from the nature and wording of the Act of Union in 1707. The relevant articles of which are stated as follows:-

“ARTICLE 1

THAT THE TWO Kingdoms of England and Scotland shall upon the first Day of May which shall be in the Year one thousand seven hundred and seven, and for ever after, be united into one Kingdom by the name of Great Britain;

ARTICLE III

That the United Kingdom of Great Britain be represented by one and the same Parliament, to be stiled, The Parliament of Great Britain.”

It therefore follows, as a matter of trite law, that in the event of Scotland becoming independent this must involve the repeal of the Act of Union 1707. This automatically means that the then new constitutional entity that was created by the Act of Union, namely the “United Kingdom of Great Britain”, will be dissolved. This leads to the automatic dissolution of the Union with Northern Ireland.

The Union with Northern Ireland is the residue deriving from early 20th Century Southern Irish independence of a Union which was created by the Act of Union of 1801 between the Kingdom of Ireland and the United Kingdom of Great Britain.

Obviously therefore the Union so far as Northern Ireland is concerned, is with the United Kingdom of Great “Britain”. With the dissolution of the “United Kingdom of Great Britain” there will be no automatically persisting Union with any then existing constitutional entity.

The position of Wales is different because Wales was fully incorporated into the “Kingdom of England” by the 1536 union legislation. That is why of course the Act of Union 1707 does not mention Wales because Wales is then encompassed within the term the “Kingdom of England”.

It follows that without new constitutional legislation the independence of Scotland leads to the dissolution of the “United Kingdom of Great Britain” and of Great Britain’s union with Northern Ireland. It will thus give rise to the re-emergent “Kingdom of Scotland”, the re-emergent “Kingdom of England” and the “Province of Northern Ireland” with no current Union between England or Scotland (or the Republic of Ireland).

It is worth considering the above points carefully because the consequence of Scotland becoming independent isn’t just that Scotland technically would be classified as a new state, under the emerging body of what, for want of a better term, is called “international law”, but also that the Kingdom of England and the Province of Northern Ireland will also all be now States.

The Committee has asked for answers to specific questions.

1. Negotiations – Is the timetable of independence by March 2016 realistic?

Yes, I would have thought it was. It will impose an obligation on negotiators to get on with it promptly.

2. Who will negotiate for the remainder of the UK? To whom would they be accountable?

You will appreciate from my introductory points above, about the nature of the constitutional implications of Scottish independence, that there would not automatically be a single entity which is the remainder of the UK.

It is certainly not appropriate for anyone to purport to negotiate on behalf of England if not expressly and avowedly and legitimately mandated to do so. This will particularly apply to those British politicians who have expressly stated either their hostility to the English nation and/or their Scottish origins, such as David Cameron or William Hague, let alone anyone who is actually of Scottish origin, such as Gordon Brown or Alastair Darling.

The English negotiators should be accountable to the English Nation. It is essential that an English parliament and government be reconstructed quickly in the event of Scotland voting for independence so that there are proper lines of democratic accountability and legitimacy within England.

3. What impact would the timing of the UK general election in May 2015 have on negotiation?

It will clearly have a destabilising effect on the negotiations as it may well result in the replacement of the original team with a different team of negotiators and with a different government involved in the negotiations.

4. What happens if the two negotiating teams cannot reach agreement on an issue?

The answer to this question will, of course will depend on the issue. For instance if the issue was where the boundary between English North Sea oil and Scottish North Sea oil lies, then that could be adjudicated upon by the International Court at the Hague. If it was something that was within the giving of one of the parties but requested by the other, such as a role in the formulation of policy at the Bank of England that will not be capable of adjudication. Clearly the English team could simply refuse and the other team would not be able to insist upon it. If in fact on that item there is such a refusal then I suspect the Scottish negotiators will take the advice of the highly respected international law authority, Professor David Scheffer of the Centre for International Human Rights in Chicago and decline to accept any share of the UK’s debts.

5. Assets and liabilities and shared services. What legal principles should apply to negotiations on the apportion of assets and liabilities that are currently UK-wide?

Since all the participants in negotiations will be acting on behalf of potentially “new States” the negotiations are inevitably going to be without hard and fast rules and will be based on give and take. In principle all parties could walk away from the liabilities of the “UK”. So far as assets are concerned, that will either rest on satisfactory negotiations between the parties or will be based on who has physical possession.

6. What are the constitutional implications of maintaining services shared between Scotland and the rest of the UK (for example, the Bank of England and those services listed on page 364 of the Scottish Governments’ White Paper)?

Answer 5 above answers this question.

7. Parliament. What would the position of MPs for Scottish constituencies be from May 2015 to March 2016?

Until the dissolution of the “United Kingdom of Great Britain” and Northern Ireland they would of course be members of the Union Parliament. Upon dissolution the Union Parliament itself will have to be reconfigured in accordance with the new constitutional situation. The same will apply to peers of the Union Parliament.

8. What impact would independence have on the House of Commons if MPs for Scottish constituencies left it in March 2016?

Clearly the balance of the parties would be shifted, but the point remains that the House of Commons constitutional position will be altered as Parliament will no longer be the Parliament of the “United Kingdom of Great Britain” but rather only of the Kingdom of England which will also exclude Northern Irish MPs.

9. What impact would independence have on the House of Lords? 

The House of Lords is of course currently one of the two Chambers of the Parliament of the “United Kingdom of Great Britain” and Northern Ireland. With the dissolution of the United Kingdom of Great Britain the membership of the House of Lords will be dramatically affected as it will only be appropriate for English peers to sit in the English Upper Chamber. The English Democrats position is that all members of the English Upper Chamber should be democratically elected by the people of England.

10. What legislation (or other measures) would the Westminster have to pass in order for Scotland to become independent?

The Act of Union of 1707 would have to be repealed.