Sir Desmond Swayne TD

Sir Desmond Swayne TD

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Virtually No Parliament at all?

19/04/2020 By Desmond Swayne

The College of Policing has published guidance from the Crown Prosecution Service (CPS) as to what constitutes a reasonable excuse for leaving your home and it can be found at the Police College Website.
It is certainly much closer to the regulations themselves which I published in this column previously and can still be found at my own blog The Regulations

Of course, ultimately, only a court will determine what really is a reasonable interpretation of the regulations -should anyone wish to challenge an on-the-spot fine levied against them.
Nevertheless, the interpretation in this new CPS guidance is welcome. It clarifies that you can drive a somewhere to take exercise (the exercise should take longer than the drive) and it puts paid to that nonsense with park benches being cordoned-off to prevent walkers sitting down.

Constituents complain to me about any number of the aspects of the regulations.
Why are potentially solitary pastimes like angling and golf prohibited?
Why, if supermarkets can function with proper social distancing, cannot garden centres also open on the same basis?
So, the questions go on.
I can’t answer them because, astonishingly, these regulations which confine us to our homes were never approved, scrutinised and debated in Parliament.
The Government made the regulations under existing powers, not requiring parliamentary approval, empowered by the  Public Health (Control of Disease) Act, passed -appropriately enough in view of George Orwell’s classic title, in 1984.

I hope that, as Parliament resumes this week, we will be able to seek opportunities to debate and question the regulations along with a stack of other issues, including the plan for lifting them, But I can’t be certain.

I’ve been a whip both in opposition and in government. Indeed, I have been the Government Pairing Whip, whose responsibility is to get government supporting MPs to Westminster and, as far as possible, to keep them there in order to secure Government legislation in the division lobbies.
I am surprised therefore, to now be in receipt of a communication from my own whip telling me to stay at home and that instead we will have a virtual Parliament online.
Hold on, before we can have a virtual Parliament we first have to debate the details and decide proceed with it, which means that -if it is to be done democratically- MPs must be physically there to do it.
There are any number of issues quite unresolved.

‘Parliament’ derives from the French ‘Parler’: To speak. It is all about debate and conversation both inside and outside the chamber of the House of Commons. In the chamber a minister might triumph or equally ‘lose the House’ in the unique chemistry of that place.
It is outside the Chamber however, that the real challenges to ministers and their policies are hatched. It is in the tea room, smoking room, and in committee corridors that rebellions are hatched, and spines are stiffened amongst like-minded colleagues against the blandishments and threats of the whips.
Will this real practice of democracy thrive with MPs hundreds of miles apart and in proceedings confined to their Zoom ‘thumbnail’ in a grid on a computer screen, muted until their given allocation.

I fear that a virtual Parliament, might turn out to be virtually no Parliament at all

Filed Under: DS Blog

BBC or 118 118

18/04/2020 By Desmond Swayne

When you really, really need a telephone number that you can’t find, you can ring a directory enquiry service, but beware: they charge. I always remember the 118 service because of the adverts involving that rather bizarre pair of sporty twins with identical fake moustaches.

It would never have occurred to me to call up the BBC to get somebody’s telephone number. The main headline news on Friday on the BBC was that somebody had done exactly that.
We were told that the unnamed head of an NHS Trust had called the BBC to get the telephone number of Burberry, the clothing manufacturer, so that he could see if he could get hold of some PPE aprons for which his NHS trust was in desperate need.

On this-morning’s News broadcast the BBC admitted that the caller had not been the NHS official that the BBC claimed he was at all.
The original item was the lead news item, but to-day’s admission was way down in the pecking order -funny that

And the correction has not extended to all the other news sources and websites that picked up the original story

The Moral:
Never trust anyone asking for a phone number

Filed Under: DS Blog

£10,000 More

11/04/2020 By Desmond Swayne

A number of constituents have complained to me that an additional budget of £10,000 has been made available to MPs to assist them in working from home. As I’ve said in this column several times before, when MPs determined these things themselves they  were rather more sensitive to political realities -having to look our constituents in the eye. Now however, we have no role in these decisions whatsoever.

A Google search will reveal that I significantly underspent the budget available to me, and I can assure constituents I will not be using any of the additional £10,000.

Filed Under: DS Blog

Going Presbyterian

11/04/2020 By Desmond Swayne

I was speechless when Churches closed their doors, then incredulous to discover that clergy were forbidden to enter them even for private prayer. Now a new horror has arisen. At first I thought it might be fake news, but it was printed in The Times.
Apparently, the Bishop of Chelmsford, soon to be promoted Archbishop of York, has banned chaplains from ministering to patients at their bedsides.
As I remarked in this column last week, during the interdict that the Pope imposed on England in 1208, priests were at least allowed to hear the confessions of the dying, but not now apparently.
Given the valiant ministry of the Saints and the Church throughout plague and warfare, even stretching back to the Gospel accounts of Our Lord’s ministry to lepers, we have now come to a pretty poor state of affairs.

It’s enough to turn one Presbyterian

Filed Under: DS Blog

Bring Back Brexit ?

11/04/2020 By Desmond Swayne

As the death toll from Corvid19 mounts with relentless news bulletins to match, for an instant -and it was only an instant, I thought I might have preferred things as they were last year with Laura  Kuenssberg ever on the airwaves describing the latest twists in the BREXIT saga.
Then just on cue, an email campaign started up demanding that, because of the coronavirus pandemic, our departure from the BREXIT transition period on 31 Dec this year should be delayed. Gadzooks emails with BREXIT and Corvid19 rolled into one!

The email addresses from which these demands emanate seem somewhat familiar: I suspect they are the same addresses from which earlier demands were made that BREXIT be abandoned altogether.

We will have to see how things pan-out, but my prejudice is not to abandon the December deadline. The Government has already demonstrated its ability to negotiate successfully with the EU in short order.

Furthermore, were we to extend the transition we would face steep increases in financial contributions as we entered the new 7 year budgeting period.
Rather more worrying, given the state of the Eurozone, is the possibility of being roped into bailouts and ballooning liabilities of the European Investment Bank.
EU law might well constrain policy options as we seek to boost economic a recovery from the pandemic. 

As an afterthought, one correspondent added that Coronavirus protective equipment should not be subject to VAT. Of course, we can’t change EU VAT rules until the transition period ends.

Far from prolonging our departure from the transition period, we should seek to accelerate it.

Filed Under: DS Blog

Random thoughts During the Interdict

06/04/2020 By Desmond Swayne

This Coming Easter will be the first in which the God-Fearing in England will be unable to make their Easter Communion since the disastrous reign of King John.
John was infamous for his military failures, arbitrary taxation, losing the Kingdom’s treasury in the Wash, being forced by the Barons to sign Magna Carta; and, of course, mixing it with The Sheriff of Nottingham against Robin Hood.

He also fell out with Pope Innocent III over the appointment of Stephen Langton as Archbishop of Canterbury, resulting in England being placed under an interdict from 1208 to 1213: The only church services permitted were baptisms, although the dying could have their confessions heard -but were not allowed funerals and burial in consecrated ground. Conversely, in our own ‘interdict’ services of baptism are not permitted but funerals are.Let’s hope that ours lasts one hell of a lot shorter than King John’s.Of course, even for some of the faithful, churchgoing is partly habit, but break the habit….

*

I’ve been conducting meetings online using something called ‘Zoom’. All the participants are presented on screen in thumbnail sized squares, when they have the floor however, their thumbnail balloons out to occupy most of the screen, but it doesn’t always work like that, sometimes at random a participant will fill the screen unawares.
Actually, I used to find telephone conferencing more productive – there are fewer distractions.
With a screen you can’t help wondering about the different backgrounds: have they arranged the books on the shelf behind them to impress?
Is their home always really that tidy?
Are they still really in their pyjamas?
Last week one participant had laid his IPAD flat on the table and was looming over it, whilst continuing with his breakfast cereal. In a random moment he filled the screen and we all saw a massive spoon coming straight towards us.

*

When were all clapping furiously for our NHS on Thursday at eight o’clock (and I hope you heard the din we were making in Burley) we were clapping for all healthcare professionals, and others.
But for years constituents have been writing to me demanding that any independent and commercial provision be excluded from any involvement in our National Health Service. I’ve never understood this attitude. Do they realise that the part of the NHS with which the majority of us are most familiar is almost exclusively provided by private contractors -and they are doing a magnificent job, just like the rest of the NHS.
The original plan for setting up the NHS was to nationalise the general practitioners and leave the hospitals in the hands of private and charitable undertakings. In the event however, they did it the other way around, with all the family doctors, not as employees of the NHS, but contracting their services to it. Most people have never noticed the distinction, and I’m certain that nobody was excluding them from their admiration when we were clapping.
I hope that the Horlicks over testing will be a corrective to those ideologues who want to exclude independent providers from the NHS. At The outset, the authorities decided to centralise all testing within the NHS where they would have exclusive control, notwithstanding the ability and  willingness of independent commercial laboratories and universities to assist.
The testing regime has not covered itself in Glory, and it’s time to let the independents contribute.

Filed Under: DS Blog

The Regulations

30/03/2020 By Desmond Swayne

Further to what I said yesterday about the mindset of Messrs Hodges and Yeatman in Dad’s Army, I was delighted to hear Lord Sumption, the former Supreme Court Justice, give vent to some of my own misgivings on the World at One on BBC Radio 4 to-day.

The powers being exercised to confine us to our own homes do not proceed from the Coronavirus Act Passed by Parliament last week, rather they are regulations (not requiring parliamentary approval) made under the Public Health (Control of Disease) Act 1984.

Constituents have been inundating me with enquiries asking for advice about what they can and cannot do. Normally, I respond to requests for advice by saying I’m not qualified to give it, and that I don’t have the professional indemnity insurance against the possibility of it turning out to have been bad advice.
I have however, in the last few days thrown that caution to the winds and given my advice on the basis of common sense.
In order to let people make decisions with confidence I reproduce part 6 of the regulations below – it’s the part on what constitutes a reasonable excuse for leaving your home (if you want the regulations in full, you can find them at http://www.legislation.gov.uk/uksi/2020/350/contents/made)

Of the fulsome list of reasons set out, I see no restriction on driving a car to fulfil any one of them. Indeed, some of them clearly infer use of a car.
Neither do I see a restriction on the number of times one may leave home with reasonable excuse.

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
Restrictions on movement
6.—(1) During the emergency period, no person may leave the place where they are living without reasonable excuse.
(2) For the purposes of paragraph (1), a reasonable excuse includes the need—
(a)to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household) or for vulnerable persons and supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person, or to obtain money, including from any business listed in Part 3 of Schedule 2;
(Schedule 2, PART 3
24. Food retailers, including food markets, supermarkets, convenience stores and corner shops.
25. Off licenses and licensed shops selling alcohol (including breweries).
26. Pharmacies (including non-dispensing pharmacies) and chemists.
27. Newsagents.
28. Homeware, building supplies and hardware stores.
29. Petrol stations.
30. Car repair and MOT services.
31. Bicycle shops.
32. Taxi or vehicle hire businesses.
33. Banks, building societies, credit unions, short term loan providers and cash points.
34. Post offices.
35. Funeral directors.
36. Laundrettes and dry cleaners.
37. Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health.
38. Veterinary surgeons and pet shops.
39. Agricultural supplies shop.
40. Storage and distribution facilities, including delivery drop off or collection points, where the facilities are in the premises of a business included in this Part.
41. Car parks.
42. Public toilets.

(b)to take exercise either alone or with other members of their household;
(c)to seek medical assistance, including to access any of the services referred to in paragraph 37 or 38 of Schedule 2 ; (37. Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health. 38. Veterinary surgeons and pet shops. )

(d)to provide care or assistance, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006(1), to a vulnerable person, or to provide emergency assistance;
(e)to donate blood;
(f)to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living;
(g)to attend a funeral of—
(i)a member of the person’s household,
(ii)a close family member, or
(iii)if no-one within sub-paragraphs (i) or (ii) are attending, a friend;
(h)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
(i)to access critical public services, including—
(i)childcare or educational facilities (where these are still available to a child in relation to whom that person is the parent, or has parental responsibility for, or care of the child);
(ii)social services;
(iii)services provided by the Department of Work and Pensions;
(iv)services provided to victims (such as victims of crime);
(j)in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;
(k)in the case of a minister of religion or worship leader, to go to their place of worship;
(l)to move house where reasonably necessary;
(m)to avoid injury or illness or to escape a risk of harm.
(3) For the purposes of paragraph (1), the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.
(4) Paragraph (1) does not apply to any person who is homeless.

SCHEDULE 2
Businesses subject to restrictions or closure
PART 1
1. Restaurants, including restaurants and dining rooms in hotels or members’ clubs.
2.—(1) Cafes, including workplace canteens (subject to sub-paragraph (2)), but not including—
(a)cafes or canteens at a hospital, care home or school;
(b)canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence;
(c)services providing food or drink to the homeless.
(2) Workplace canteens may remain open where there is no practical alternative for staff at that workplace to obtain food.
3. Bars, including bars in hotels or members’ clubs.
4. Public houses.

PART 2
5. Cinemas.
6. Theatres.
7. Nightclubs.
8. Bingo halls.
9. Concert halls.
10. Museums and galleries.
11. Casinos.
12. Betting shops.
13. Spas.
14. Nail, beauty, hair salons and barbers.
15. Massage parlours.
16. Tattoo and piercing parlours.
17. Skating rinks.
18. Indoor fitness studios, gyms, swimming pools, bowling alleys, amusement arcades or soft play areas or other indoor leisure centres or facilities.
19. Funfairs (whether outdoors or indoors).
20. Playgrounds, sports courts and outdoor gyms.
21. Outdoor markets (except for stalls selling food).
22. Car showrooms.
23. Auction Houses.

Filed Under: DS Blog

The Totalitarian Mind

29/03/2020 By Desmond Swayne

I find the powers that we have granted to the authorities in this emergency deeply distasteful.They are time limited, and necessary to slow the spread of disease, nevertheless they remain offensive to our sense of liberty. Whilst most of us will shrug and simply get along as best we can, I have a suspicion that some people are rather relishing it.
I am in receipt of emails from constituents keen to report that their neighbours have driven somewhere to walk, or to walk their dog, rather than confining themselves to their immediate vicinity. Others have complained to me that the supermarkets haven’t closed-off the aisles to non-essential goods, enabling customers to purchase not just food, but stationery, clothing… and even liquor.
Gadzooks! What sort of mind-set is that?
These correspondents remind me of Mr Hodges, the Air-Raid Warden in Dad’s Army, he had an important and responsible role and a measure of authority to go with it, but wasn’t he just so enjoying it.
Mr Yeatman, the Verger, was another like-minded soul, but with just a little less weight to throw around.

It is important to resist the totalitarian mindset, there is always the danger that it will become habit- forming. This is particularly the case nowadays when technology has given the sate such additional powers to scrutinise our every move. We must remember that the basis of our law has not changed: we are not confined to what is specifically permitted, as is the case in so many jurisdictions. On the contrary, we are permitted to do anything that is not, by law, forbidden.
For the present we are lawfully confined to our homes with the exception of four limited circumstances, but the authorities must not possess the powers to make such laws for any longer that is absolutely necessary.

Filed Under: DS Blog

Was Corbyn Right?

29/03/2020 By Desmond Swayne

Jeremy Corbyn believes he has been vindicated by the Government’s ability to respond to the corona virus emergency by spending eye-watering sums of money, which are comparable to the amounts that he was derided for proposing during the general election campaign.
The difference is this. Mr Corbyn was proposing to spend these sums, to build a socialist economy, when we were already at full employment; they would have resulted in crowding-out private productive investment, enormous inflationary pressures, and a ballooning trade deficit.
The Government’s response is at the other end of an economic cycle which has turned dramatically due to the virus: The purpose is to stave off a massive deflation and unemployment. This response is borne of necessity and the focus is on income replacement – what economists used to call the ‘automatic stabilisers’, to prevent the complete collapse of demand within the economy. It’s Pure Keynesian economics.
In one sense, I suppose, they are the same. All Government expenditure, however motivated, ends in the same way: The Government’s borrowing will have to be repaid; and we will all be repaying it in our taxes for a very long time.
John Maynard Keynes, when asked about the impact of his prescriptions in the long run, retorted that ‘in the long run we are all dead anyway’.
BUT the whole purpose of our policy is to survive, beat the virus, and live longer. As I said last week, it will certainly seem longer.

Filed Under: DS Blog

Lots of Useful Advice

22/03/2020 By Desmond Swayne

I’ve been receiving a great deal of unsolicited advice, both face to face and by email.
On exiting the Parliament I was accosted by a fellow wearing a sandwich- board who advised me to repent because resisting Covid19 was useless, it being God’s judgement upon us.
A few paces later, an elderly lady told me that closing down the economy to try and beat the pandemic was folly, on the grounds that it was a natural phenomenon designed to strengthen humanity by culling the weak and infirm!
They say that a crisis brings out the best in us -and clearly it does: just look at the number of people volunteering and checking-up on vulnerable neighbours. On the other hand those two cheery souls might find a more useful outlet for their energy. It also brings out behaviour of the worst sort as evidenced by the hoarders who have cleared supermarket shelves.


Much of the advice that constituents offer me, is given in the expectation that I will pass it on to ministers, and I have done so, but forgive me for choosing not always to do so. For example, I thought that rather too much information was offered by the fellow who emailed me instructions on how to get-by without loo paper, and I’ve kept that one to myself.

Quite a few have emailed me to say that the entire strategy is misguided: that only the elderly, weak and vulnerable should have been asked to isolate themselves, the rest of us should have carried on as normal and accepted a ‘tolerable’ death-rate in exactly the same way that we do with flu, which kills thousands every year. Instead, we have chosen to bring the economy to a full stop. These views are not a million miles from those that I expressed myself just a fortnight ago.

What changed perceptions so dramatically was the statistical analysis by Imperial College London of what is happening in Italy, where an advanced modern healthcare system has been completely overwhelmed. The study predicted that a laissez faire approach here,would result in half a million deaths and even with the imposition of much more stringent social controls, the NHS will still be overwhelmed with demands for intensive care and ventilation well beyond its capability.


That scenario begs the question of whether there ever really was a sustainable choice available that could have sought to place a higher priority on keeping the economy thriving, above minimising the impact of the virus. Frankly, as admissions spiralled, scenes of mayhem at hospitals were reported on TV (and they will be) and the death toll mounted, then people would have started to isolate themselves entirely voluntarily and the economy would have closed itself down anyway -but in a much more disorderly and damaging fashion.

*


The prospect of being cooped-up for an indeterminate period is not an inviting one. No doubt, we will all live longer as a consequence -it’ll certainly seem longer.
We all have our preferences. I have invested in a bottle of brandy rather than joining the crowds apparently determined hoard industrial quantities of loo paper

Filed Under: DS Blog

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