2022-05-23

A Tale of Two Citizens

What “taking back control” really means: 




Many moons ago, the Finnish branch of the IT firm I recently retired from hired a Frenchman. He was able to move there without any formalities or fuss accompanied by his wife (who also found work there) and his two small children. No visas, no forms to fill in, no permissions required from unelected bureaucrats in Brussels (or Helsinki), and no negative implications for the family’s pensions or benefit status or healthcare.

He just went there, rented somewhere to live, worked happily at his job. There were some cultural hurdles: “You ‘ave to sheck[i] them sometimes …. or give them a drink” he once explained to me when speaking of his dealings with his rather taciturn Finnish colleagues. He also accidently set fire to his sauna – and wrote a song about it: “The Burning Sauna Blues” (he is, in addition to being a professional IT specialist, an amateur musician).

Though the Finnish fire brigade managed to get his sauna-fire under control, nobody there ever tried to control him.

After a few years of Finnish winters, he and his family elected to return to France where he set up a highly successful French branch of the firm.

#####

Like Finland, the modest UK branch of my firm has not always found it easy to recruit the expertise we required at home. We work in a rather niche area and IT skills tend to be in high demand everywhere. Even before Brexit, we had never successfully recruited from the rest of Europe – where people with the skills we required could usually find higher salaries and better weather than in the UK.

We did, however, once manage to recruit somebody originally from India who had studied in the UK and had actually specialized in our rather arcane area of work. He worked with us happily and successfully for many years too – until he finally moved on to bigger and better things.

But it wasn’t easy, and it took a long time for us to take him on.

First of all, we (and he) had to complete (and then maintain) a great deal of paperwork with the Home Office – whose permission we needed to employ him and keep employing him. Then we had to pay several thousand pounds to the UK Government every year as a penalty for employing one of those dastardly foreigners instead of a homegrown Brit – even after we had had to demonstrate that we needed his skills and could not currently find them among UK applicants.

Best of all, about a year after we first took him on, we had a visit from the Home Office. They sent two members of their staff about 250 miles by plane [sic], to a rather obscure regional airport, and then 50 miles by taxi to our office (instead of a two and a half hour train journey and a five minute taxi ride). The two HO operatives then proceeded to grill our CEO and then our recent recruit – preventing either from getting much work done that afternoon – by way of establishing that the latter really was working for us.

They asked our CEO where our recruit sat; what he did; who his line manager was etc, and whether he (our CEO) envisaged wanting to employ any more foreigners? Did he know, they asked, how many days our Indian employee was allowed to go AWOL before this had to be reported to the Home Office?

They were perfectly civil by all accounts (my colleagues kept me well away from them in case I said something untoward) but they demanded the names, addresses, national insurance numbers and birth-dates of all the other employees of the UK firm, and demanded these be emailed to them – with no encryption or other safeguards.

We double-checked they were who they said they were before doing this. We began to get worried at one stage that we were becoming the victims of an elaborate scam.

The costs and the efforts involved in all this were quite extraordinary and I could not help feeling that the theatre we were subjected to had less to do with checking up on our lone Indian worker and more to do with issuing a kind of veiled threat. The unspoken sub-text seemed to be: "I'd think twice about employing any more foreigners if I were you!".

And it worked. Our CEO told me he would almost certainly not put himself through all the hassle we had had employing this one chap again - even though we were very pleased with him and (as reported) are short of suitably qualified applicants.

Our two friends then returned by the same curious, and expensive, route.

As far as I know, our former (Indian) colleague is still in the UK under sufferance of the Home Office. One day he may return to India, but he would find it extremely difficult if he did, and then wanted to come back to the UK; and if he ever wished to bring a spouse or other family members to the UK, he his troubles hitherto would seem akin to buying a bus ticket.

#####

I relate these two stories not in relation to any arguments about what I think the UK’s general immigration policies ought to be (that is a debate for another day) but simply in order to illustrate what the ending of free movement for Brits in Europe and other Europeans (apart from Irish people) in the UK[ii] means for UK firms who are trying to recruit. While the supply of labour from the rest of Europe has fallen off a cliff[iii] (they have plenty of other choices), the supply from the rest of the world (especially Nigeria, Pakistan, Philippines, and India) has grown by leaps and bounds[iv].

Now I appreciate the argument that somebody from Norway or Italy should be treated “just the same” as somebody from Nigeria or India, but this argument fails to acknowledge that what we had with Norway and Italy (and the rest of Europe) was akin to what we still have with Ireland: agreements on reciprocal freedom of movement between the UK and the country concerned. The “treating people the same” argument also fails to acknowledge that we now treat foreigners from any country apart from Ireland extremely badly. Any UK firm that does manage to continue to recruit other Europeans will henceforth pay a huge price in additional red tape, loss of flexibility, and Home-Office hostility.

I do not see how any of this gives UK firms “more control”.




[i] Shake (in a French accent). 
[ii] Other Europeans still have free movement in the whole of the rest of Europe, and Europeans such as my wife who were here at the time of Brexit (and for 30 years previously) still have (partial) free moment in the whole of Europe including the UK.






edited 2022-05-24: para 3 added; link to Burning Sauna Blues added; "famously" changed to "accidently" 

2021-11-04

Biological essentialism, dead theories, and the plight of Kathleen Stock

 

The other day, this popped up in my Twitter feed:

My first thought was that I do shed some tears for Professor Kathleen Stock. I do not celebrate academics being hounded out of their jobs just because I disagree with them. On the other hand, it is perfectly justifiable that (say) Dr Andrew Wakefield was hounded (and eventually sacked) from his post – although this was not just because he promoted vaccine phobia, he was also a fraud and a danger to his patients.

So what is “Biological Essentialism”? Is it (as at least one person in my timeline has suggested) part of a set of ideas that are akin to anti-vaccinism? And is it a “dead theory”? Is belief in this theory good grounds for defenestration? And does Kathleen Stock subscribe to this theory?

Let us investigate …..

Dead Theories

Some theories can reasonably described as “dead”. Phlogiston theory springs to mind in this context. But this theory was a scientific theory that was eventually killed by empirical evidence.

Purely philosophical theories are harder to kill.

This is a bit of a technical example but Karl Popper’s philosophical theory of Verisimilitude was (arguably[i]) killed by Pavel Tichý, but that is because the logic of Popper’s theory was faulty and led to contradictions.

A more typical example of a philosophical theory (one which is easier for lay people to get their heads around) is Cartesian dualism[ii] – a theory in which our material bodies are inhabited by an immaterial spirit or soul. Few serious philosophers subscribe to such ideas these days (though I once attended a lecture by a serious philosopher who did[iii]) but most (and certainly most religious people) people probably do subscribe to something like this. There are, ultimately, no empirical findings or knock-down rational arguments that could kill this type of theory stone dead.

(It might be noted here that, at least, some proponents of notions of “gender identity” seem to be arguing that our physical bodies possess gendered souls.)

So what type of theory is “Biological Essentialism”?

Essentialism

In philosophy, “essentialism” is the doctrine that things have one or more characteristics or attributes that are essential to their identity. For example, Plato (an essentialist[iv]) might have argued[v] that all activities we call “games” must have one or more essential features in common that makes it possible for us to use the word “game” in all such cases.

Wittgenstein argued the exact opposite. He (though these are not his examples) would have pointed out that some games (like cricket) have lots of equipment; some games (like tig) do not. Some games (like Australian football) have lots of players; some games (like solo video games) do not. Some games (like ice hockey) involve strenuous physical activity; other games (like chess) do not. Some games (like quidditch) have codified rules; other games (like frisbee) do not – and one of these is a fictional game.

Wittgenstein concludes that the terms we use do not need to correspond to real-world things that have essential features in common for our use of language to work.

An example where this begins to become more relevant to our present purposes concerns biological sex. There are a tiny number of people who the proverbial man (or woman) on the Clapham Omnibus would have no hesitation in classifying as a “man” (or a “woman”) but who were not born with the standard XY (or XX) chromosomal arrangements. Faced with an XYY individual, I suppose the strict[vi] essentialist would have to say that an XYY individual is not really a man. The non-essentialist encounters no such problems.

I am, however, unsure as to how such considerations help opponents of Kathleen Stock. For one thing, trans people are (as far as I am aware) almost exclusively people with standard karyotypes. For another, it is precisely the people who assert that “trans women are women” (and “trans men are men”) who would seem to be the essentialists here. Such people argue that all women do have one thing (and only one thing) in common: their gender identity.

But are we talking about the right sort of “essentialism” here?

Biological Essentialism

I decided to google this term. The first thing that came up was this definition (from Oxford Reference):

The belief that ‘human nature’, an individual's personality, or some specific quality (such as intelligence, creativity, homosexuality, masculinity, femininity, or a male propensity to aggression) is an innate and natural ‘essence’ (rather than a product of circumstances, upbringing, and culture). The concept is typically invoked where there is a focus on difference, as where females are seen as essentially different from males: see gender essentialism. The term has often been used pejoratively by constructionists; it is also often used synonymously with biological determinism. See also essentialism; compare strategic essentialism.

This sort of essentialism is something completely different. We are back to the nature versus nurture question here with “essentialism” being identified with belief in the importance of nature rather than nurture. (I am not sure why “determinism” crops up here. That is a whole other debate.)

Science tells us that sexuality is (largely – not entirely) an innate and natural essence of someone’s being rather than a product of circumstances, upbringing, and culture. That is why “conversion therapies” do not work.

But consider a different example:

The black pop singer Michael Jackson apparently identified as a white person, and used skin lightening and hair straightening chemicals, and extensive plastic surgery in order to change his appearance. Was his desire to become a white person an innate and natural essence of his being, or a product of the (historically racist) culture into which he was born?

And which of these two examples is (say) a teenage girl’s yearning to become a boy more similar to?

Different people will give different answers to these questions, but, once again, it seems to me that it is those who assert that “trans women are women” (and “trans men are men”) who are the essentialists. It is they who seem to be asserting that gender is (like sexuality) an innate essence of someone’s being rather than a product of circumstances.

Conclusions

I think we have established that the meaning of the term “essentialism” is far from clear and that different people use this term to mean very different things.

If we consider the first definition I looked at, we see that the debate has been going on for millennia and will undoubtedly continue far into the future. The theory is wounded but far from dead.

If we consider the second definition I looked at, the theory will be established (or disestablished) for all sorts of different aspects of the human condition as science progresses and we figure out what causes what. The theory may well be declared dead in some areas but very much alive and kicking in others.

On either definition, it seems to me that it is the opponents of Professor Stock who are more “essentialist” when it comes to gender identity.

And whoever is or is not an “essentialist”, and whoever is right about what is or is not “essential”, the intellectual enquiry needs to continue. I am not sure whether Andrew Wakefield is mad or bad; but he is one (or both) of these things and was a danger to the public. Kathleen Stock is none of these things. She is (or was) an academic writing about ideas. It is absolutely appalling that so many students and colleagues are actively trying to prevent her from making further contributions to that enquiry.

It is not even clear that she has ever been guilty of the “crime” of “biological essentialism“ - on any definition of that term. She rebuts the allegation here for example. But I intend to find out.

My interest piqued by the tweet I quoted, and in solidarity with someone who has been treated appallingly, I have ordered a copy of Professor Kathleen Stock’s book Material Girls: Why Reality Matters for Feminism.

 



[i] I should certainly so argue.

[ii] An explanation aimed at school students rather than academics, but a perfectly good starting point for lay people.

[iii] And nobody in the audience called for his resignation.

[iv] Though I am not aware he ever used this description for himself, and I am not sure many people who get described as “essentialists” would.

[v] I do not think Plato ever ruminated on this specific topic.

[vi] We can imagine how a less fastidious essentialist might tweak his criteria to accommodate such anomalies.

2021-06-24

Five Years

How we finally regained some kind of control over our lives after Brexit snatched this from us

The Vote



We woke at 5 in the morning exactly 5 years ago today to the news that the UK had voted to leave the EU and I was seized with a feeling of angst that has never quite gone away.

Karin, my German wife of 35 years, has been somewhat less downhearted than me about the whole thing. Of course, she has had a lot of anxiety and sleepless nights over Brexit but, having grown in the in the former German “Democratic” Republic, she was more accustomed to living in a country whose government lied as a matter of course, used words to mean what it wanted them to mean, and which carried out the wishes of the Russian leader. The whole thing was more of a new experience for me.

A rather Orwellian notion of “permanent”





It took until 2017 October 19 for Teresa May to finally announce that EU citizens living lawfully in the UK today would be able to stay - though it later transpired that what she actually meant was that EU citizens living lawfully in the UK today would be able to apply for permission to stay. Until that point the UK government had insisted on using EU citizen as bargaining chips in negotiations with the EU and kept them guessing as to what their fate would be.

We had, on the morning of 2016 June 24, already begun to worry about how we could secure Karin’s right to continue living here in the UK with me and our two children.

We should remember that Boris Johnson, Michael Gove, Gisela Stuart and Priti Patel had, as leading figures in Vote Leave, made the following promises:

there will be no change for EU citizens already lawfully resident in the UK. These EU citizens will automatically be granted indefinite leave to remain in the UK and will be treated no less favourably than they are at present.

In the end, all three promises would be broken:

  •          There were changes for EU citizens already lawfully resident in the UK;
  •          those EU citizens were not automatically granted indefinite leave to remain in the UK; and
  •          those EU citizens were treated less favourably than they had been before Brexit.

It also turned out that the UK had its own idiosyncratic interpretation of “lawfully resident”.

But we are getting ahead of ourselves.

In 2016 June, the only option for Karin was to apply for was something called “Permanent Residency” (PR). The application for PR was 85 pages long, cost £65, and demanded that we detail every single trip Karin had made in or out of the UK since first coming here in 1985.

But after:

  •          much correspondence involving a hostile Home Office, our MP, the minister for immigration Robert Goodwill, the Ombudsman, and the Office of the Information Commissioner;
  •          the involvement of a solicitor;
  •          a £10 “Subject Access Request” (SAR) to the Home office;
  •          an application to HMRC to obtain a printout of Karin’s NI contribution record;
  •          collecting bank statements, employer references, and a whole tranche of other supporting documents;
  •          a 30 mile round trip to the office where we could submit all the documents and have Karin’s ID documents checked; and
  •          a few weeks of waiting,

we finally – in 2017 April – obtained a holographically embossed blue ID card “Certifying [Karin’s] Permanent Residence” in the UK.

Within a few months, the Home Office had announced that PR was to be abolished. Karin’s “permanent” status was to be rather temporary. Her card did, however, retain its validity until the end of 2020 and it turned out that we had probably done the right thing in applying for this – now redundant – piece of cardboard.

“Comprehensive Sickness Insurance” CSI (an aside)



This bit of the story is a bit “down in the weeds”, but it is a crucial element of the full picture.

When worried EU citizens first began applying for PR, about 34% were being turned down – some then being told for good measure that they were here unlawfully and should pack up and leave the UK.

The most common reason (not the only reason) for refusals at that time seems to have been the failure of applicants to provide proof of “Comprehensive Sickness Insurance”. People could not provide proof of this because they did not have it or need it. The UK government insisted that they were simply following EU law here but, according to the EU, the Home Office was in breach of this EU law when it insisted, retrospectively, that some categories of UK residents who had been legally using NHS services all their lives required evidence of health insurance before they could apply for residency. The whole thing is explained in far more detail here.

The CSI issue mainly affected housewives/househusbands, carers, students, benefit claimants, the homeless, and other categories of people with independent means. Someone like Karin with her almost complete (and obtainable) National Insurance record was safe. But hundreds of thousands of other EU citizens were potentially facing deportation from the UK if they could not provide the required documentation. They could not retrospectively obtain insurance which the Home Office had never demanded at the time and the Home Office, in any case, refused to define what constituted comprehensive insurance.

The HMRC record element of the PR application was more crucial than we ever realized at the time.

Settled status



When Theresa May announced her plans to create a new “Settled Status” (SS) scheme (in place of the PR scheme) in 2017 October, EU citizens were able to breathe a huge sigh of relief. The bogus CSI “requirement” had been dropped and the whole thing was to be streamlined and online. EU citizens who had already obtained PR would be fast-tracked through the application.

The SS scheme has been a success - if we can describe a scheme designed to strip millions of people of their existing rights and provide (most of) them with inferior rights in such terms. Of the 5 million or so applicants, 53% have been granted SS, 44% have been granted the lesser “pre-settled status” and 3% have had “other outcomes” - including 55,950 outright refusals.

As this heart-wrenching story illustrates, the creation of this new status does not result in EU citizens (and their UK families) being treated “no less favourably”. It would take too long to list all the drawbacks of SS and many of them are rather technical. But given that she has (i.e. we have) children settled in Britain, a mother (who is not getting any younger) in Germany, and an English husband (me) who she will almost certainly outlive, all kinds of future scenarios come to mind whereby SS could leave her trapped in the UK or excluded from the UK.

And then I received this:



In response to one of my many rants on Twitter about the injustice of the whole situation.

Applying for a blue passport



Being “married to a nice man” actually made no difference, and if Karin had simply wanted to stay in the UK, she would have been (mostly) fine with SS. It is, paradoxically, precisely EU citizens who might consider leaving the UK for a while who really need the security of a UK passport before they can consider doing so.

There was a window of opportunity during “transition” for Karin for apply for a UK passport but retain her German passport (Germany normally only allows dual citizenship for people who are citizens of other EU countries – i.e. for people who would never need it) and we decided to go for it.

Karin’s earlier successful application for PR turned out to be crucial however. Before you can even begin the process of applying for UK citizenship you need to have obtained PR – or now, SS. But, and it is a big “but”, the Home Office, having dropped the CSI “requirement” for obtaining SS, has quietly resurrected it for citizenship applications from EU citizens who apply using SS. Because Karin was able to apply with PR rather than with SS, she was able to jump straight through this new hoop.

Nonetheless, Karin’s application involved a lot of new hoops and involved jumping through many of the same hoops she had had to jump through in order to obtain PR. We had to fork out £1300 and make three trips to Manchester (we live in West Yorkshire) at £60 a pop. One of these was for her “Life in the UK” test. The peculiarities of this test have been written about extensively elsewhere. It is a curious melange of genuine questions about life in the UK (circa 1980), tendentious British history questions, and pro-British propaganda. Again, having lived in the GDR, Karin quickly learned that the trick was to provide that answers she thought were wanted rather than the answers she thought were true. After months of cramming in preparation, she passed with 100%.

At least she was spared the language test on account of her Masters degree from a UK University.

We finally submitted her application in 2019 March and received an acknowledgement:

Your application has been received and is being considered.

It may take up to six months to make a decision on your case. If we are unable to process your application within six months we will tell you as soon as possible.

Six months came and went with no decision and no communication to say that a decision had been delayed. An enquiry at six months yielded a grudging acknowledgement and then a letter in the post a couple of weeks later:

“As I am sure you are aware, naturalization is not an automatic process …”

That word “automatic” again. Obviously, one who has dealt with the Home Office is fully aware that nothing is “automatic”. Moreover, how “automatic” the thing is was entirely tangential to our enquiry.

The letter went on to make dark noises about the Home Office conducting checks with “government departments and external agencies [sic]” in order to assess Karin’s “good character” – all nonsense of course. She (a school teacher) had just had to obtain an enhanced DBS check from the Home Office. It took about a week.

A year and one month after that (i.e. 19 months after our original application) – with many interventions from our MP and ne’er a word of (plausible) explanation or apology. The Home Office finally deigned to process Karin’s application and sent out a letter confirming that she had been successful.

She then had to attend a “ceremony” at which, because of Covid-19 restrictions, she and the registrar were the only attendees. It was all the usual god and monarchy stuff. Just as well I was not allowed in or I should have felt compelled to make inappropriate remarks! Karin was presented with a certificate from the Home Office which she then had to send back to the Home Office (there is a kind of pattern here) and which they finally returned – torn and crumpled – and she finally got her blue-black British-passport-in-mourning almost exactly two years after her original application.

I have lost my freedom of movement in 29 countries but at least Karin has managed to retain hers in 31 countries - including the UK.

I suppose we can now "move on with our lives". 

Just don't ever ask me again to feel proud of our country, or reconciled to Brexit, or to respect the decision of the half of our nation who voted to inflict all this anguish, inconvenience and expense on families like mine.

I don't respect that decision and I never shall.