Wife of Pi

May. 11th, 2009 01:53 pm
peterbirks: (Default)
[personal profile] peterbirks
Some of you may recall a piece early on in Yann Martel's enjoyable book Life of Pi when, in referring to anti-zoo campaigners, Pi's father says that it is all nonsense. How would you feel, he asked, if some alien came along, opened all the front doors on the street, removed you to the open air and then said "Voila! you are free!" before demolishing the houses on the grounds that they are "cruel to humans".

I was always attracted to this kind of argument, not least because it is vaguely contrary, and also because it is a neat example of much of the bollocks spouted these days by the liberal left. The good that was proposed by the heroes of the 1960s has been diluted and bastardized by the lawyers and health & safety officers of the noughties. More regulation is good because it makes us safer, is the line. Never crossed is the philiosophical concept that, well, perhaps a bit of danger is fun, and giving up freedom for "security" isn't much of a good deal when you don't particularly want security.

I have yet to see a cogent argument in favour of seat belts and crash helmets. I choose to wear one, but I'd like the right to choose not to wear one. Any argument in favour of compulsion inherently follows two lines: (a) that safety is better than danger and (b) that we the lawmakers know better than you the general public. It could be far better argued that if seat belts and crash helmets were banned, people would drive more carefully.

Anyhoo, back to the animals. I was delighted to read the story of the orang-utan in Australia who escaped, went for a walk, and then half an hour later walked back to his pen asking to be let back in. If ever the anti-zoo campaigners had their entire argument shot to shit, my friend the orang-utan was the shooter. "I just wanted to see what the view was like. And, on reflection, I think that I prefer the view from where I was".

++++++++

The Telegraph exposure of politicians pushing through expenses for anything and everything has its own political agenda, and it doesn't address the fact that the whole problem arose because of newspaper pressure on politicians not to increase their basic salary, but that doesn't detract from the gleeful joy of seeing a bunch of self-righteous divots being made to look fools. I would think that the politician most delighted at the Telegraph exposure is the fantastically hopeless Jacqui Smith. Indeed, she should surely be a prime suspect in seeking the identity of the leak, since she can now calmly point out that, if you thought that she was useless, just look at the morals of the rest of them.

The most galling part of the affair for me has been the ability of MPs, in some kind of Kafkaesque madness, to designate a home as their main home (for MP expenditure purposes) and their second home (for Capital Gains purposes) at the same time. Once you head into this kind of Alice In Wonderland economics, the politicians have lost, because it is simply funny. If one more MP says that he or she acted "within the rules", all that we do now is laugh at them.

On Friday an MP (a Conservative, as it happens) said on Radio 4's Today that it was "human nature" to push expenses as far as you were allowed to go.

Hmm, I thought to myself. Well, I don't. Indeed, that statement said more about the MP than any action by him could have. It defined his attitude, and his belief that this was the accepted norm.

In the US it's virtually impossible to become a Senator in Washington without being a multi-millionaire. In the UK, in the days before MPs were paid, there was a similar "don't bother if you aren't rich" attitude. The path downhill probably began when they introduced salaries and "expenses" at all. Perhaps that Conservative MP got it right. The very nature of the job will attract people to whom the statement "I acted within the rules" explains all. That is why, whenever any MP says such a thing, they deserve to be subject to mockery with extreme prejudice.

_______

seat belts

Date: 2009-05-11 03:12 pm (UTC)
From: (Anonymous)
No, can't agree with that one. If every accident resulted in a nice neat death, maybe, but they don't, Many result in long term disability, massive hospital bills, all expenses that' as well as causing personal misery, also result in costs that the rest of us have to cover. Why should I have to pay because you don't want to wear a seat belt?
John W

Re: seat belts

Date: 2009-05-11 03:52 pm (UTC)
From: (Anonymous)
OK, so let's do away with the seat belt and crash helmet laws, and also abolish the NHS, so you won't have to pay for the medical cover. Deal?


Titmus

A (cowboy) accountant writes...

Date: 2009-05-11 04:00 pm (UTC)
From: [identity profile] geoffchall.livejournal.com
I have to defend the practice of a property being a second home for MP expense claiming purposes but their main home for Capital Gains Tax purposes. The concept in CGT is something called Principal Private Residence and it's up to a person who has more than one potential home to define one of them as PPR. You can either rely on 'the facts', ie where one spends the most time living. Or you can elect for one of the two, usually informed by what's going to be most tax-efficient.

I hate doing this because it's defending politicans, but this particular charge is hogwash. Manipulating even short periods of partial occupation of property to embrace the reliefs available on one's PPR is a very commonplace tax saving move.

The grave shock to all this was listening to a politician on R5 this morning chattering away and talking an awful lot of sense about the whole palaver. I thought he had a familiar voice but couldn't place it. Only when he'd finished speaking (to my general approval), was I horrified to learn it was David Mellor I'd been mentally patting on the back.

The problem with this is that there is a range of wickedness involved here and the media are trying to incorporate criticisms of 84p bathplugs with manipulations of the system in order to enrich. The former is just exactly why there was originally a £250 limit for providing receipts. By highlighting it, they make the claimant seem petty when hell, it was just a part of property maintenance. The whole thing of property flipping is venal and does deserve contempt.

Re: seat belts

Date: 2009-05-11 04:28 pm (UTC)
From: [identity profile] peterbirks.livejournal.com
But this is one of the standard lines and it falls down on more points besides Titmus's elegant reply. Its logical flaw is that it can be extended to virtually any non-necessary act that might result in a personal injury. I have to pay (through my taxes) for a large number of things that I don't think should take place in the first place. To say that someone else's freedom to choose the level of risk they will take should be restricted by a possible tax expense on the National Health Service (and it's only a possible tax expense, remember, not a certain one) holds no water whatsoever.

PJ

PJ

Re: A (cowboy) accountant writes...

Date: 2009-05-11 04:32 pm (UTC)
From: [identity profile] peterbirks.livejournal.com
"Principal Private Residence" should surely be elected on what is your, er "Princial Private Residence", not on which is most tax-efficient. However, let's accept the view that you can choose your PPR for tax purposes rather than rely on the facts. Then, surely, you should be compelled to call it your PPR for all earnings puroposes? This is nothing to do with what you are allowed to do (I know that the MPs acted 'within the rules') but with what in terms of simple common sense you should do. The defence of 'it was the most tax efficient thing to do and it was legal and within the rules' is the response that should generate the mockery. It's your job, as it were, to seek out such systems, but it's not an MP's job to exploirt them and pretend that it is 'right'.

PJ

Re: seat belts

Date: 2009-05-11 04:53 pm (UTC)
From: (Anonymous)
"Its logical flaw is that it can be extended to virtually any non-necessary act that might result in a personal injury."

And it's not just injury, what about abortion?


Titmus

Push expenses as far as they could go

Date: 2009-05-11 05:35 pm (UTC)
From: (Anonymous)
If I'd have tried that anywhere I worked for with the exception of the cosy boys club of the Law Society, I'd have found my P45 waiting for me within weeks. I think it's something to do with "oh, it's only the taxpayers".

Having said that, I do sigh with exasperation with people who seem to think that some bare lino Ibis type room will do for MP's. Having worked away extensively, I know that you work best on medium or long term trips when you have a reasonably comfy environment that's easy to get to near your workplace. Maybe something like the Swedish Parliament has done.

As for my expenses, they are of course subject to FoI, but people need not waste their money, all I've claimed is my basic councillors allowance and a 40% off bus pass (which means I can't make any other travel claims in the county).

The Bowen of that Ilk.

Date: 2009-05-11 06:35 pm (UTC)
ext_44: (crash smash)
From: [identity profile] jiggery-pokery.livejournal.com
we the lawmakers know better than you the general public

Surely that's a reasonable starting-point? I say this firmly as a member of the general public who frequently makes mistakes and knows he knows less than experts, rather than as a lawmaker. (I'm prepared to believe there could be arguments against "safety is better than danger", though vanishingly few and only in extremely rare instances.)

Re: seat belts

Date: 2009-05-11 07:34 pm (UTC)
From: (Anonymous)
But, unfortunately, car travel is not "non-necessary" for most people in this society, and surely you are the last person to deny that statistically there will be car crashes, and that a proportion of them will result in serious, and expensive injury. so it's as certain a cost as death and taxes.
John W

Re: seat belts

Date: 2009-05-11 08:11 pm (UTC)
From: [identity profile] peterbirks.livejournal.com
Yes, but your argument about "I don't want to pay taxes" if people have accidents when not wearing a seatbelt is logically equivalent to that of the "worthy poor" argument put forward in the 19th century. Is the National Health Service only to be granted to the people who can be said not to have contributed to the cause of their own medical needs in any way? The "worthy injured", as it were?

The "driving is necessary" line is a red herring.

PJ

Re: seat belts

Date: 2009-05-11 08:13 pm (UTC)
From: [identity profile] peterbirks.livejournal.com
PS, My point about a "non-necessary" act referred to the act of not putting on a seatbelt, not the act of driving. Sorry that you misunderstood my point, which I thought was clear, but which apparently was not.

PJ

Re: A (cowboy) accountant writes...

Date: 2009-05-12 07:43 am (UTC)
From: [identity profile] geoffchall.livejournal.com
The reason that it's called a Principal Private Residence is because it's an extension from 'normal' property sales. If you only own one property in which you live then the reason you don't pay CGT on selling it is PPR relief, which you get regardless of whether you own other rental properties. Where you have more than one property you get to choose which of them will be the PPR to avoid uncertainty. It isn't after all a cut-and-dried situation in a lot of cases. It would help if it were called something else because the word Principal does kind of imply something that isn't meant here.

Manipulating the system for tax purposes is always going to seem dodgy, but only because the MPs are public figures. With your flat downstairs, if it becomes empty and you were to consider selling it, I'd be telling you to move in downstairs for a short period bcause you could then re-categorise it as your PPR and substantially reduce or eliminate any CGT (you wish...). You'd regard this as a neat trick and buy me a drink. But if an MP did this it would be regarded as a tax dodge.

This is tax avoidance (as opposed to tax evasion) and the ethics are based on an old tax case in which a judge said it wasn't the responsibility of a taxpayer to arrange his affairs so the taxman could put the largest shovel into his money. The morality of such a thing should be constant, not dependent on the identity of the person doing the tax planning. Tax planning includes all manner of things from the humble bit of tax relief on charity donation to simply arranging things so as to minimise tax.

The immorality is not in their tax returns - it's in their churning of houses for expense-claiming purposes.



Re: seat belts

Date: 2009-05-12 07:53 am (UTC)
From: (Anonymous)
Still not happy. I accept the need, and indeed my responsibility to pay a portion of the medical costs for people who are accidentally injured. But I also think that they in turn, have a respnsibility to me to take reasonable steps to reduce the number and intensity of such accidents. ie, drive carefully, and WEAR A BLOODY SEATBELT!

Re: seat belts

Date: 2009-05-12 08:49 am (UTC)
From: [identity profile] peterbirks.livejournal.com
Then, quite simply, take the "worthy injured" line and say to them "you have the right not to wear a seatbelt but, should this result in a costly injury to you, then be it on your own head". Don't take the line: "because your decision might lead to an indirect cost to me, I am forbidding you from taking that decision".

The key point here is "harm to others" and "harm to self". You are extending the "harm to others" concept to the financial (albeit in an indirect sense via your taxes). If you make this a general principle, then you can logically outlaw any number of acts which are currently perfectly legal. Far better, surely (even by your parameters), to keep the acts legal, but for you not to have to pay up for the consequences.

PJ

Re: A (cowboy) accountant writes...

Date: 2009-05-12 08:53 am (UTC)
From: [identity profile] peterbirks.livejournal.com
OK, you accept that PPR is poorly named, as "principal" doesn't actually come into it. Let's call it "elected private residence".

My point here is that if you choose for tax purposes to call a place your elected private residence, then you can't elect house A in one case and house B in another. Either you elect it as your private residence or you don't.

So if, for example, my job gave me a bonus if my elected private residence was an upstairs flat, but I gained a CGT relief if my elected private residence was my downstairs flat, then I would consider it reasonable to "elect" the flat that gained me the most financial advantage (no matter which one was my principal residence). I would not consider it reasonable to elect the downstairs flat for CGT but the upstairs flat for work. That, in effect, is what many of these MPs have done.

PJ

Re: A (cowboy) accountant writes...

Date: 2009-05-12 09:00 am (UTC)
From: [identity profile] geoffchall.livejournal.com
Ah, you don't live in the Kafka-eque world that is taxation. It's perfectly possible for the same thing to be treated completely differently by two different systems. I've grown used to musicians doing a job (say in a West End show) which is an employment for National Insurance purposes and self-employment for tax purposes. PPR (or even EPR) is just a tax concept - it doesn't have any application outside that narrow ghetto.

On a similar bent, I'd love to know if all of these properties where hey are 'required' to maintain an office are appropriately charged from a Business Rates point of view.

Date: 2009-05-12 11:52 am (UTC)
From: (Anonymous)
The MPs' expenses deal seems to have been set up, amid broad agreement among all parties, in lieu of a series of pay rises that Parliament was scared to award itself. The feeling being that the public wouldn't stand for pay rises in the current climate.

A few quid claimed on lightbulbs will probably be the final straw for Labour, which given the billions they've pissed away over the years on PFI, pointless wars, under-taxation of the rich and over-indulgence of their avoidance schemes, is quite ironic.

Re: A (cowboy) accountant writes...

Date: 2009-05-12 01:13 pm (UTC)
From: [identity profile] peterbirks.livejournal.com
But your point that "it doesn't have any application outside that narrow ghetto" quite clearly, from an empirical standpoint, doesn't hold true. What you mean is, "it shouldn't have any application outside that narrow ghetto". and this argument, in its turn, spreads to the line that "it's within the rules" -- an argument which, as we can see is now becoming subject to mockery. You might be able to cope with the fact that in the land of taxation the cat can be dead and alive at the same time, but that won't stop the common man laughing at you for so claiming.

Incidentally, moving into the flat downstairs for a few months might, just might, turn out to be a dreadful move! There's the theoretical possibility that I could make a killing on the stockmarket, sell the shares, and then sell the flat at a capital loss to offset the tax bill -- a manoeuvre not available if I designated the flat as my PPR.

I would also be interested to see whether the "offices" in homes are so designated for insurance purposes. I believe that offices in homes have council tax and CGT implications as well, do they not?

PJ

Date: 2009-05-12 01:14 pm (UTC)
From: [identity profile] peterbirks.livejournal.com
Yes, I was aware of this "nod and a wink" fact, but I thought that introducing it would only serve to confuse matters. Indeed, the expenses system (as I mention in the main post) is a direct result of newspaper pressure on MPs about basic salary levels.

PJ

Re: seat belts

Date: 2009-05-13 01:58 pm (UTC)
From: (Anonymous)
The law is on the money - people don't get risk, not of this sort - governments do. People act on incorrect information - especially kids - they as nature intended, foolishly think they're invincible and when their mates elect not to wear them, well, you can well imagine the peer pressure. It would be dumb in the extreme to reverse that law.

Re: seat belts

Date: 2009-05-13 02:09 pm (UTC)
From: [identity profile] peterbirks.livejournal.com
This is one of the strongest arguments, although it confuses "people" and "children". Let's take those two arguments separately.

Yes, people don't "get" risk. You are right. But that begs the question on whether that gives "we who know better" the right to compel them to do something that they would not do in the normal run of things because they are stupid. This is a philosophical standpoint (libertarianism vs paternalism, as it were) and I would not claim that one side is right and one side is wrong -- although I know on which side I stand. It's really a matter of "do people have a right to be stupid if (setting aside the NHS hypothetical cost for the moment) they harm no-one but themselves by so doing?"

The children side is a bit difficult, because this bring in the line of "has the government the right and/or obligation to enforce by law something which puts them into a state of in loco parentis"? Once again, that's a philosophical point, although it's one where I have greater sympathy for the paternalistic side, because the idiocy of one set of people (the parents) might result in harm to another human (the child) who knows no better.

But, once again, my point would be that: people make incorrect and wrong decisions all the time. Should we have a law that bars them from so doing in all such cases? And, if not, why with seatbelts? Is it only because of the cost to the NHS? If so, then surely alcohol and smoking are far stronger candidates to be banned? I suspect that a stronger reason is that many of the "pros" are strongly pro, while most of the "antis" are only mildly anti.

PJ

Re: seat belts

Date: 2009-05-15 10:37 am (UTC)
From: (Anonymous)
Where's the upside to driving with out a seat-belt? There's plenty of upside to society drinking - enough, maybe, maybe not, but there's an argument. There's a crude upside to smoking too, but I'd happily seen it banned. As I said the sort of risk involved in driving is beyond most's comprehension - those who've had an accident see too much risk, those who haven't not enough. It's not the sort of risk our brains are designed to cope make sound judgements on. The legislation is entirely sensible - no doubt there are 1000's of families not devestated as a consequence of the law.

Even if the decision is informed, it's not all about personal risk - there will often be collateral damage. The family of the victim, obviously, but also other drivers in the crash, their dependents and so. It's a no-brainer, there is no cost to the driver to buckle up - I'm somewhat surprised at your rationale PJB.

Re: seat belts

Date: 2009-05-15 11:46 am (UTC)
From: [identity profile] peterbirks.livejournal.com
The rationale is quite simple, but I see so many people failing to get it. It's a philosophical point about "where does law have a place?" Every counterpoint put forward so far has been about "devastated families" or the practical upside vs downside. But these are utterly irrelevant points and intelligent people should be able to see that. On the issue of protecting your own body from harm, the law, governmental statute, has no place. Once you take the philosophical principle that the law does have a place in such matters, then you can justify passing laws on any number of things. If you take the line that "oh well, in this case it's reasonable, but in this case it isn't", (say, for example, compelling seat belts but not compelling everyone wearing knee and elbow pads while they walk the street) then you have a situation where either:

a) the majority decides what everone has to do to protect themselves or (worse)
b) the anti-risk safety-first brigade decide (of course, it's possible for (b) and (a) to be synonymous).

All the defences I have heard have simply been on the grounds that "seat-belt wearing is sensible", a point with which I agree. None have shown the important point imlied by seatbelt laws, which is "the government has the right, indeed, obligation, to make it illegal not to be sensible".

PJ

Re: seat belts

Date: 2009-05-15 03:48 pm (UTC)
From: (Anonymous)
Every counterpoint put forward so far has been about "devastated families"

No it hasn't, I made the point clearly. How damaged would you consider yourself to be by being involved in accident that shook-up a/ 22 year old girl wearing a seat-belt b/killed a girl not wearing seat-belt.




Once you take the philosophical principle that the law does have a place in such matters, then you can justify passing laws on any number of things.



Nonsense. You first consider the ability of individuals to understand and manage their own risk and the consequences of failure, on them, and society. Then you consider the cost to society, however you choose to measure it, against the gain. Is it reasonable? Is it enforcible? Is it unpopular?

It does not lead to the philosophical position you claim, not at all, since to do so would assume an inability to remotely measure the greater good. Only if I believed the government's role was just to protect me from all physical risk would we lead to such an absurd state. But actually, I and the rest of the population have competing requirments of the government, and so expect of them to arrive at a sensible decision on seat-belt law and naturally rebuff the knee and elbow pads.

Re: seat belts

Date: 2009-05-15 04:12 pm (UTC)
From: [identity profile] peterbirks.livejournal.com
But, once again, your argument is akin to John W's, the impact on other people. I have firmly agreed that laws where other people are impacted ('the greater good') are desirable. Your specific examples are pointless. I could say that I would be no more shaken up if another person chose not to wear a seatbelt. I could say that I would be considerably more shaken up. But, for goodness sakes, are you implying that this was the reason that seat belt rules were introduced? Of course it wasn't. It was to protect people from themselves. The (uncogent) justification for rules regarding seatbelt wearing is quite simply "I wear one. I think other people should wear one. Most people agree with me, so we'll make it a law". The extent of "rightness" is given away by one of your criteria. "Is it enforceable"?

I've agreed that the reason the law is in existence is that most "antis" such as myself aren't strongly anti (and of course I would wear a belt myself whether it were compulsory oor not) whereas the people in favour are strongly pro.

PJ

Re: seat belts

Date: 2009-05-15 06:12 pm (UTC)
From: (Anonymous)
'I could say that I would be no more shaken up if another person chose not to wear a seatbelt.'

Yes you could, but that'd not be the rule, and obviously an exception to it.

The rules to protect indiviudals from themselves, as you put it, in reality is not to about protecting individuals but instead society. That is the very nature of society, if there was zero collateral damage failure to wear a seat-belt, there would be no law - who would want to enforce it? But because there is, because society is damaged on several levels from the body count, society protects itself and so the greater good is, quite obviously, achieved.


Re: seat belts

Date: 2009-05-18 07:01 am (UTC)
From: [identity profile] peterbirks.livejournal.com
I will conclude with a speech from Andy Bond, CEO of ASDA, who puts forward my philiosphy far more appostely than could I:

“We need to ensure we are primarily focused on behaviour change through education, not constraint. This whole trend toward greater central control and constraint has created a new political language where people talk about central government and business in the role of Big Mother rather than Big Brother.”

Precisely.

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