Jewish: or just Jew-ish?

Furore over faith school discrimination

The UK's new "Supreme Court" (I'll leave aside my thoughts on the necessity of that) is due to consider whether JFS, formerly the Jewish Free School, in north London, broke race laws by refusing to admit a pupil whom it deemed to be not properly Jewish. The pupil's case is being supported by the JFS's own head of English, Kate Lightman, whose daughter has also been refused entry because the Chief Rabbi's office does not recognise Mrs Lightman as sufficiently Jewish.

This is a big subject in itself, but what caused me to put fingers to keyboard was how Newsnight reported the story last night. Throughout its film, the reporter talked about the question of being Jewish -- when in fact the issue at stake here was whether someone was Orthodox Jewish. I was surprised, given the high regard I feel justified in having for Newsnight, that this distinction was so elided. Perhaps particularly because I posted last week about not characterising Islam as monochromatic, it struck me as a grave error for the programme not to explain clearly the similar diversity within Judaism.

It's an important distinction and it's an equally important oversight, because the Chief Rabbi is regularly presented as speaking for all Britain's Jews -- when that is far from the case. Judaism had its own reformation in the 19th century, and since then, Liberal, Reform and Progressive Jews have become separate strands to the Orthodox Jewry to which JFS subscribes. You won't be surprised to learn that the problem for JFS is that the mother of the child it rejected converted in a Progressive, rather than an Orthodox, synagogue. It wouldn't have been a difficulty the other way round.

I'm not going to get into the issue of faith schools here. My beef is with Newsnight's conflation of the description "Orthodox Jew" with "Jew". It's really not difficult to explain, and in this case seriously misrepresents the practices and beliefs of non-Orthodox Jews, many of whom will accept either matrilineal or patrilineal descent. And if JFS took that line there would be no case at all.

Still others don't even worry about that. In his provocative book The Paradox of Anti-Semitism, Rabbi Dan Cohn-Sherbok writes about the Humanistic Judaism founded by Sherwin Wine in Detroit in the 1960s. In answer to the question of who is a Jew, he writes, the movement declared:

"We the members of the International Federation of Secular Humanistic Jews, believe that survival of the Jewish people depends on a broad view of Jewish identity. We welcome into the Jewish people all men and women who sincerely desire to share the Jewish experience regardless of ancestry. We challenge the assumption that Jews are primarily or exclusively a religious community and that religious convictions or behaviour are essential to full membership of the Jewish people."

Bizarrely, an Orthodox rabbi interviewed by Newsnight seemed to concede that point by admitting that all that mattered was whether your mother was Jewish -- that gets you a pass, he suggested, even if you were given to eating ham sandwiches on Yom Kippur!

Another part of the Humanistic Jews' declaration, and one I applaud:

"The children and spouses of inter-marriage who desire to be part of the Jewish people must not be cast aside because they do not have Jewish mothers and do not wish to undergo religious conversion. The authority to define 'who is a Jew' belongs to all Jewish people and cannot be usurped by any part of it."

This matters rather a lot, both in terms of inclusiveness and exclusiveness; not least because Jewishness is something that people aren't always allowed to disavow if they want to, in the way that, say, I could cease to be a Catholic or a Methodist. One friend, a man with a Jewish father but a non-Jewish mother, once found himself seated next to an Orthodox rabbi at a dinner. Noting his Yiddish-sounding surname on the place card, his neighbour asked him if he was Jewish. "I'm Jewish enough for Hitler, rabbi," he replied, "but not Jewish enough for you."

I know plenty of people in that situation, people whose family members perished in Auschwitz and whose surnames would make them targets for anti-Semites today. But they're not Jew-ish enough for JFS.

See why it matters, Newsnight?

Sholto Byrnes is a Contributing Editor to the New Statesman
Getty.
Show Hide image

The Brexit Beartraps, #2: Could dropping out of the open skies agreement cancel your holiday?

Flying to Europe is about to get a lot more difficult.

So what is it this time, eh? Brexit is going to wipe out every banana planet on the entire planet? Brexit will get the Last Night of the Proms cancelled? Brexit will bring about World War Three?

To be honest, I think we’re pretty well covered already on that last score, but no, this week it’s nothing so terrifying. It’s just that Brexit might get your holiday cancelled.

What are you blithering about now?

Well, only if you want to holiday in Europe, I suppose. If you’re going to Blackpool you’ll be fine. Or Pakistan, according to some people...

You’re making this up.

I’m honestly not, though we can’t entirely rule out the possibility somebody is. Last month Michael O’Leary, the Ryanair boss who attracts headlines the way certain other things attract flies, warned that, “There is a real prospect... that there are going to be no flights between the UK and Europe for a period of weeks, months beyond March 2019... We will be cancelling people’s holidays for summer of 2019.”

He’s just trying to block Brexit, the bloody saboteur.

Well, yes, he’s been quite explicit about that, and says we should just ignore the referendum result. Honestly, he’s so Remainiac he makes me look like Dan Hannan.

But he’s not wrong that there are issues: please fasten your seatbelt, and brace yourself for some turbulence.

Not so long ago, aviation was a very national sort of a business: many of the big airports were owned by nation states, and the airline industry was dominated by the state-backed national flag carriers (British Airways, Air France and so on). Since governments set airline regulations too, that meant those airlines were given all sorts of competitive advantages in their own country, and pretty much everyone faced barriers to entry in others. 

The EU changed all that. Since 1994, the European Single Aviation Market (ESAM) has allowed free movement of people and cargo; established common rules over safety, security, the environment and so on; and ensured fair competition between European airlines. It also means that an AOC – an Air Operator Certificate, the bit of paper an airline needs to fly – from any European country would be enough to operate in all of them. 

Do we really need all these acronyms?

No, alas, we need more of them. There’s also ECAA, the European Common Aviation Area – that’s the area ESAM covers; basically, ESAM is the aviation bit of the single market, and ECAA the aviation bit of the European Economic Area, or EEA. Then there’s ESAA, the European Aviation Safety Agency, which regulates, well, you can probably guess what it regulates to be honest.

All this may sound a bit dry-

It is.

-it is a bit dry, yes. But it’s also the thing that made it much easier to travel around Europe. It made the European aviation industry much more competitive, which is where the whole cheap flights thing came from.

In a speech last December, Andrew Haines, the boss of Britain’s Civil Aviation Authority said that, since 2000, the number of destinations served from UK airports has doubled; since 1993, fares have dropped by a third. Which is brilliant.

Brexit, though, means we’re probably going to have to pull out of these arrangements.

Stop talking Britain down.

Don’t tell me, tell Brexit secretary David Davis. To monitor and enforce all these international agreements, you need an international court system. That’s the European Court of Justice, which ministers have repeatedly made clear that we’re leaving.

So: last March, when Davis was asked by a select committee whether the open skies system would persist, he replied: “One would presume that would not apply to us” – although he promised he’d fight for a successor, which is very reassuring. 

We can always holiday elsewhere. 

Perhaps you can – O’Leary also claimed (I’m still not making this up) that a senior Brexit minister had told him that lost European airline traffic could be made up for through a bilateral agreement with Pakistan. Which seems a bit optimistic to me, but what do I know.

Intercontinental flights are still likely to be more difficult, though. Since 2007, flights between Europe and the US have operated under a separate open skies agreement, and leaving the EU means we’re we’re about to fall out of that, too.  

Surely we’ll just revert to whatever rules there were before.

Apparently not. Airlines for America – a trade body for... well, you can probably guess that, too – has pointed out that, if we do, there are no historic rules to fall back on: there’s no aviation equivalent of the WTO.

The claim that flights are going to just stop is definitely a worst case scenario: in practice, we can probably negotiate a bunch of new agreements. But we’re already negotiating a lot of other things, and we’re on a deadline, so we’re tight for time.

In fact, we’re really tight for time. Airlines for America has also argued that – because so many tickets are sold a year or more in advance – airlines really need a new deal in place by March 2018, if they’re to have faith they can keep flying. So it’s asking for aviation to be prioritised in negotiations.

The only problem is, we can’t negotiate anything else until the EU decides we’ve made enough progress on the divorce bill and the rights of EU nationals. And the clock’s ticking.

This is just remoaning. Brexit will set us free.

A little bit, maybe. CAA’s Haines has also said he believes “talk of significant retrenchment is very much over-stated, and Brexit offers potential opportunities in other areas”. Falling out of Europe means falling out of European ownership rules, so itcould bring foreign capital into the UK aviation industry (assuming anyone still wants to invest, of course). It would also mean more flexibility on “slot rules”, by which airports have to hand out landing times, and which are I gather a source of some contention at the moment.

But Haines also pointed out that the UK has been one of the most influential contributors to European aviation regulations: leaving the European system will mean we lose that influence. And let’s not forget that it was European law that gave passengers the right to redress when things go wrong: if you’ve ever had a refund after long delays, you’ve got the EU to thank.

So: the planes may not stop flying. But the UK will have less influence over the future of aviation; passengers might have fewer consumer rights; and while it’s not clear that Brexit will mean vastly fewer flights, it’s hard to see how it will mean more, so between that and the slide in sterling, prices are likely to rise, too.

It’s not that Brexit is inevitably going to mean disaster. It’s just that it’ll take a lot of effort for very little obvious reward. Which is becoming something of a theme.

Still, we’ll be free of those bureaucrats at the ECJ, won’t be?

This’ll be a great comfort when we’re all holidaying in Grimsby.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Brexit. You can find him on Twitter or Facebook.