From:   "John Hurst", [EMAIL PROTECTED]

CIVIL DISOBEDIENCE

Richard North


What is particularly delightful, but also disturbing, about the current
popular rebellion, ostensibly over fuel taxation, is the squawking
indignation of the sneering classes, the Islington man - and woman.

The delight comes easily from watching their discomfiture as they struggle
to come to terms with a protest that owes its strength neither to union
power,
political party allegiance, nor the "rentamob" tendency which can be so
quickly mobilised to demonstrate on a wide range of soft-left issues, from
countryside sports, to global warming.  Rather, it was a lose alliance of
hauliers, farmers, taxi-drivers, and even fishermen - evidently supported by
the bulk of tanker drivers - exercising their individual rights.

What particularly seems to have affronted Charles Secret, of the Friends of
the Earth - himself no stranger to direct action - was the spontaneous
nature of the demonstrations and their lack of defined leadership.  This, to
him,
was so evidently abhorrent that, in a debate on the issue on BBC4 radio , he
was moved to argue that, "Once we move away from respecting the law the road
to anarchy is opened.

But what makes the reaction disturbing is the complete incomprehension
displayed as to the underlying reasons for the protest. The Polly Toynbees
and Max Hastings of this world totally failed to understand that the rash of
protests was much, much more than a revolt against increased fuel prices and
taxation.

However, The Daily Telegraph, in a powerful editorial , had already provided
an answer:

"... being tough and enterprising people, they speak for themselves.
They are not and do not want to be political, but they feel they have no
choice".

Christopher Booker, provided further answers in his Sunday Telegraph column
writing:

"It has not escaped notice that what lay behind last week's nationwide
protest was the anger of a wide coalition of different people, farmers,
fishermen, hauliers and others, weary of being rushed about and dictated to
by our newly overbearing type of government, run by a political class of
self-righteous politicians and officials who seem not only to have lost
contact with common sense but to be wholly uncaring about the consequences".

What we were seeing, therefore, was a reaction to the decay in democracy
and, crucially, a more general revolt against State interference, the fuel
demonstrations being only the immediate focus of resentment.  The profound
lesson from the crisis should be that the democratic mechanisms on which we
have so long relied have simply ceased to function.

But such is the detachment of the political classes from ordinary people,
who were the ones that were rebelling against our "newly overbearing type of
government" - or applauding from the sidelines - that Will Hutton,
incredibly, in the debate alongside Charles Secret, felt justified in
claiming: "We have a system developed over centuries of Parliamentary
democracy?.  He went on to argue that this democratic process was the only
legitimate way of airing grievances.

Booker, concluding his column, drew the inevitable conclusion:  "There is
still no real understanding why last week's eruption took place?, he wrote,
"ressed - and their freedoms are being unreasonably curtailed -
they will take to the streets

The 19th Century political commentator, Walter Bagehot, sometime editor of
the Economist, had a thing or two to say about freedom.  One of his finest
arguments against the steady incursions of government was summed up in the
following words:

"Our freedom is the result of centuries of resistance, more or less legal,
more or less illegal, more or less audacious, or more or less timid, to the
executive government.  We have accordingly, inherited the traditions of
conflict, and preserve them in the fullness of victory.  We took on State
action, not as our own action, but as alien action; as an imposed tyranny
from without, not as a consummated result of our own organized wishes".

Essentially, Bagehot was putting into word the principle that freedom is not
given, but taken; the maintenance of freedom is a continuing battle and we
keep it only by constant struggle.

Faced with the torrent of legislation, restrictions, and taxation which
oppresses farmers, hauliers, the meat industry, and a whole raft of
independent businessmen, there could hardly be a single person on the picket
lines outside the petrol refineries who would not have agreed with that last
sentiment.

But what has been particularly characterised the arguments surrounding this
crisis has been the Government's quick resort to what can only be described
as "shroud waving" - its exploitation of the (marginal) difficulties
experienced by the NHS in obtaining supplies, and the loss of mobility of
its workers, some of whom have had difficulty in getting to work.

Too many people - even amongst the ranks of the protesters - have been
concerned by the problems reported, to the extent that fear of adverse
publicity from the first child claimed to die as a result of the fuel
"blockade" was instrumental in the action being terminated before assurances
from the Government to reduce taxes had been given.

United States Judge Louis Brandeis, would have recognised this situation,
when he warned in 1928 that,

"Experience should teach us to be most on our guard to protect liberty when
the government's purposes are beneficial.  Men born to freedom are naturally
alert to repel invasion to their liberty by evil minded rulers.  The
greatest dangers to liberty lurk in insidious encroachment by men of zeal,
well-meaning but without understanding".

Anyone who understood the tactics of the Government, however, would have
instantly recognised that it was relying on conveying the impression of
being "men of zeal, well-meaning?, to carry the day.  But even if the
government
was "well-meaning", it was certainly without understanding.

The more general problem is that the successive governments, who have
collectively imposed their crippling burdens on the ranks of businessmen,
are not populated by evil men - or women.  Yet the men and women who write
oppressive laws, and those who enforce them, collectively  do more damage to
our freedom, in the long term, than ever did Hitler.  Hitler failed because
he was recognisably evil.  But the grey, colourless men who rule us are not
clearly recognisable as the foe; they do not wear alien uniforms and
goose-step across the country (or at least most of them do not).
Nevertheless, they are potentially and actually the greater threat to our
liberty.

So how do we deal with them?  More or less legally, more or less illegally,
says Bagehot.  We go to the barricades, as the truckers, the cab-drivers and
the farmers have done, and many more will have to do.  Not yet though is it
time for the bomb and the bullet; Northern Ireland has been an experience
too horrible to contemplate but, if the Government continues to ignore the
howls
of anguish, some fear it may yet come to that.

Thus, those who declaim the actions of the protestors should be careful.
Despite Will Hutton's squawking, the good-natured civil disobedience
exhibited by the protestors has an honourable history. It has been used by a
wide variety of "interest groups", from ratepayers' associations withholding
rates, to Womens' Liberation groups disrupting beauty competitions, to egg
producers refusing to obey insane regulations dictated by the Ministry of
Agriculture in the wake of the "salmonella in eggs" crisis of the late
1980s.

Furthermore, civil disobedience is the last peaceful mechanism available to
the people, before violence sets in.  Few bad laws, few corrupt
administrations, and still fewer oppressive tax regimes have yielded to the
polite lobbyist and the reasoned argument.  Business is beset by bad laws
and corrupt administrators, all "good men" who do evil.  For businessmen
faced
with the day-to-day imposition of stupid laws and oppressive taxation, the
way forward as obvious and inevitable as it is necessary, if only because
the consequences of yielding to evil are greater than those of opposing it.

There are a considerable number of ex-businessmen who would still be in
business today if they had heeded these words.  Those who are still in
business and will remain so are those who will heed them, and take the
necessary action.  The Government would be wise to listen to them - and act
upon their concerns.

But most of all, the Government needs to address the root causes of the
decline in democracy which The Daily Telegraph identified.  Greater respect
for Parliament by the Prime Minister would be a good start, as would
reducing the power of the whips - giving MPs more freedom to vote on the
merits of
issues, rather than slavishly following the government line.

The central issue, however, must be to address the essential loss of
democracy engendered by our membership of the European Union.  That, itself
will be no easy thing, but will become easier when more people begin to
recognise that the Union is not so much undemocratic as anti-democratic, and
clamour to leave.

Fortunately for this Europhile Government, the protestors this time did not
realise how much their woes were caused by the EU, as was made clear,
according to Christopher Booker in his Sunday column, "at the meeting of EU
finance ministers nine days ago, Mr Blair and his partners are committed not
to lower fuel taxes as part of agreed EU policy".

"Next time it (the crisis) will not be brought so neatly to an end before
any real harm is done", Booker warned.  The trouble is, as long as we remain
members of the European Union", there will be many more "next times".

16 September 2000


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