By Cameron Hilditch
Friday, January 01, 2021
Judged according to any passable definition of a free
society, the United Kingdom is no longer fit for purpose. To those with eyes to
see and ears to hear, this has been clear for some time. The simultaneously
heavy-handed and ineffective government response to coronavirus is only the
most recent example.
Consider the case of Charlie Gard from 2017. He was born
in August 2016 with mitochondrial DNA depletion syndrome, a rare genetic
disorder that leads to brain damage and muscle failure. His parents wanted to
try experimental treatments in the hope of saving their son’s life. They
weren’t alone. In fact, Pope Francis offered to fly the Gards to Rome so that
the child could receive the treatments in question at the Vatican hospital.
The government-employed doctors of Britain’s National
Health Service disagreed. They thought it was in Charlie’s best interest to
die. This dispute between the doctors and the parents made its way through the
courts, which eventually sided with the doctors. Mr. and Mrs. Gard’s son, it
turns out, was the property of the British state all along — a state that has
the right to kill him (and presumably any other child in its jurisdiction) for
its own reasons and on its own pretexts.
Cases such as this fade in and out of the national
consciousness from time to time here, but they never trigger the sustained
personal fear of the state that Americans would expect. Most people in the U.K.
are content to live quiescent and biddable lives without venturing to the
borderlands of their civil liberties, where alone they discover how free they
really are.
Coronavirus has changed all that. The high-handed,
bipartisan disregard for personal freedom that has long stalked the corridors
of Whitehall and Westminster is now being impressed daily upon the life and
livelihood of each and every British subject.
Each year, the British parliament is prorogued during the
holidays. This means that the legislature is temporarily dissolved so that
members of Parliament (MPs) can take a Christmas vacation along with the rest
of us. During periods of prorogation, there is no legislative scrutiny or check
on the power of the prime minister. Nor is there any consistent or reliable
judicial restraint on the executive, since the prime minister is not bound by
any supreme written law akin to the American Constitution.
The House of Lords used to serve as a counterweight to
executive power in Great Britain, similar to how the Senate is supposed to in
the U.S. But Prime Minister David Lloyd-George essentially castrated the House
of Lords of all its power over 100 years ago. The United Kingdom is, for all
intents and purposes, a parliamentary dictatorship. A prime minister who
commands a majority in the House of Commons can do just about whatever pleases
him or herself within the Machiavellian parameters of practical electoral
calculation.
But during brief periods of prorogation, the United
Kingdom ceases to be a parliamentary dictatorship and becomes a dictatorship
outright. Up until this week’s recall of Parliament to vote on the new Brexit
deal, Boris Johnson has been governing the country’s coronavirus response over
the Christmas period by plenary fiat.
This is particularly sinister because, before Parliament
was prorogued, the British people were promised a temporary restoration of
their fundamental liberties over the Christmas period. Only after MPs had been
relieved from their duties did the executive start to renege on these promises
and to reinstitute restrictions in the most arbitrary and humiliating manner.
During the week leading up to Christmas, the government
announced that London would be placed under its severest “Tier 4” category of
restrictions in response to a new coronavirus surge. The government gave
Londoners mere hours’ notice before putting restrictions into effect. Since
Tier 4 rules prohibit nonessential domestic travel, hordes of Londoners
immediately packed a bag and flocked to the capital’s major train stations in a
panicked attempt at escaping to the Elysian fields of Tier 3 or Tier 2
territory for Christmas.
When a man’s ability to make plans for the next 24 hours
of his life depends entirely upon his ability to successfully predict the whims
of 20 or so technocrats strutting about the halls of power, it’s clear that
he’s no longer living in a free society.
Many appeal to the exceptional circumstances of the
pandemic to justify this debasement of the British people by their rulers. I
don’t think this appeal works. But leaving the relative merits of lockdown
hawkery aside for a moment, if a government decides to pursue policies this
draconian when combating the spread of a deadly virus, it should at least do so
efficiently and effectively.
But that’s not what the Johnson government has done. By
springing the lockdown of London upon its residents with hardly any notice at
all, it inadvertently orchestrated a super-spreader event at each of the city’s
train stations. A significant portion of London’s population predictably
congregated in close and cramped quarters with one another on platforms before
boarding various and sundry trains and scattering to the four corners of the
country, presumably taking the virus that had prompted the lockdown in the
first place with them.
Similar stories can be told from across the U.K. The
lockdown sword of Damocles hangs over the English, the Irish, the Scots, and
the Welsh alike. We watch the news each night with bated breath to see whether
or not it will fall upon our necks during the next few hours, knowing that we
cannot even expect the swift and efficient stroke of a competent executioner.
The idea of the hapless tyrant can be a comforting one
sometimes: It holds out the promise of a would-be despot who lacks the
administrative skills needed to successfully carry out his ignominious schemes.
But in Boris Johnson, the British people have a leader who manages remarkable
success at curtailing their freedoms but who, at the same time, fails abjectly
to achieve the ends for which his authoritarian measures are the supposed
means. Even the usual silver linings of political incompetence are nowhere to
be seen in the gloomy Johnson premiership. In fact, the British government’s
characteristic abridgment of civil liberties brings no uniquely positive
public-health benefit.
This is to be explained by Johnson’s life-long talent for
surrounding himself with awful people. It’s why Michael Gove torpedoed
Johnson’s initial leadership bid for the Conservative Party in 2016. The prime
minister lacks the mature moral and political judgement required to pick the
right people for the right job. His terrible personal judgement has, for
obvious reasons, become a matter of national concern since his ascension to the
highest office in the land. It’s been predictably borne out during the pandemic
by his over-reliance on one epidemiologist: Professor Neil Ferguson (not to be
confused with the brilliant Scottish historian). Ferguson was the man behind
the government’s initial U-turn away from a libertarian approach to dealing
with the virus, which was pretty clearly articulated by the prime minister when
the crisis first broke in the spring. For this, the media christened Ferguson
“Professor Lockdown,” a moniker he’s proven worthy of in thought and deed.
Ferguson resigned from the government’s Scientific
Advisory Group for Emergencies (SAGE) earlier this year after violating his own
lockdown rules to sleep with his married lover. However, he’s now back on the
scene, having been slowly and quietly drafted back into service in a manner
befitting a morally compromised Catholic priest. Here’s what he had to say in
an interview with the Times only four days ago:
Sage . . . had watched as China
enacted this innovative intervention in pandemic control that was also a
medieval intervention. “They claimed to have flattened the curve. I was
sceptical at first. I thought it was a massive cover-up by the Chinese. But as
the data was accrued it became clear it was an effective policy.”
Then, as infections seeded across
the world, springing up like angry boils on the map, sage debated whether,
nevertheless, it would be effective here. “It’s a communist, one party state,
we said. We couldn’t get away with it in Europe, we thought.” . . . “And then
Italy did it. And we realised we could.”
And they have.
From the way the British government has handled the
pandemic, you’d think that Ferguson’s views represent the settled consensus
among medical experts, but they really don’t. The Lancet medical journal
recently published a study that examined the impact of lockdowns across the
world. It concluded that restrictions bore no relation to measured infection
rates. Dr. John Lee, a former professor of pathology and an NHS consultant
pathologist, has also advanced
a different view about the possible shortcomings of lockdown hawkery:
. . . lockdowns may be worse than
just useless. There is some science to suggest — perhaps ironically — they
actually drive the disease to spread more easily. This danger lies in the
evolutionary nature of the coronavirus . . . restrictions may actually be
fuelling the evolutionary imperative. If you change the environment, you change
the beast. A successful virus is one that does not kill its host and which
becomes more infectious over time — reproducing itself and infecting more and more
individuals. Variants of the virus that survive longer in the air, for example,
or achieve infection through lower doses of viral matter, will become commoner.
In other words, changing the environment in which the
virus spreads creates a context for natural selection to do its work. The
weaker variants of the virus are killed and stymied by the lockdowns to such an
extent that only the most contagious variants survive.
Few of us have the requisite scientific expertise to
judge between Professor Ferguson and Dr. Lee’s respective interpretations. But
the latter view should have at least some weight for policy-makers. Right now,
it has none.
More concerning than anything else, however, is the tone
of admiration Professor Ferguson adopts when he speaks about the Chinese
Communist Party. Different people will have different definitions of a failed
state. Perhaps applying that term to the United Kingdom is a bit melodramatic.
But the fact cannot be avoided that, as of this moment, the British people are
utterly powerless to resist the extraordinary power that men such as Neil
Ferguson wield over their lives, and that this does indeed constitute a
dramatic failure of constitutional statecraft.
There are no vertical or horizontal checks on
parliamentary power in the United Kingdom; no checks on executive power
during prorogation. There is no supreme law to which citizens can hold their
leaders in court. The population has been completely disarmed. Every British
man, woman, and child works, eats, sleeps, and worships by the leave of
apparatchiks and commissars such as Professor Ferguson. And the thing is, this
isn’t new. The British people have been collared like dogs on the leash of
their leaders for nearly 100 years. The only difference this year is that a
critical mass of the public is feeling the tug of the leash for the first time.
In years past, it was felt only by a brave and sorry few, such as the Gards.
If there’s a lesson to take from the British experience
this year, it’s that tyranny in the 21st century is more like carbon monoxide
than mustard gas. By the time the poison has revealed its deadly nature to a
once-free nation, the polity has likely already succumbed.
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