Ai Weiwei and his legal team have, since 2011, fought allegations, arrests and fines for tax evasion case widely regarded as "political retaliation" by the Chinese goverment.
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The Ai Weiwei papers

On 27 September, the Chinese courts rejected Ai’s second appeal against a £1.5m fine for tax evasion. Here, his legal team sets out the facts of a case riddled with corruption and secrecy.

An Introduction
Jerome A Cohen

The New Statesman is rendering a great public service in making available an English-language account of the Chinese government’s use of its tax laws to persecute the innovative and courageous Chinese artist and activist Ai Weiwei. Having been pressured by world opinion to release Ai from the harsh and blatantly illegal confinement to which its police had subjected him for almost three months, the Chinese government decided to crush him by resorting to economic measures whose illegality would presumably be less apparent both to its own citizens and to the outside world.

Fortunately, thanks to the presentation that follows this introduction, the unfairness and abuses that have marked this tax case have been unmasked. As Ai’s lawyers make clear, at both the administrative and the judicial levels the proceedings against him have been a farce. Much of the evidence apparently used against Ai was unlawfully collected and retained by the police and the tax authorities. Administrative hearings that purported to determine his alleged tax liability were truncated and plainly in violation of international standards of due process of law, and the subsequent judicial reviews were no better.

I personally am saddened at this spectacle for reasons that transcend our friendship and my admiration for Ai. It is nauseating to witness the damage that the Chinese government has chosen to inflict on its reputation through the misuse of its criminal justice and tax systems. As an international lawyer and a law professor seeking to assist in China’s economic development, I spent over 20 years co-operating with Chinese officials who were seeking to develop a legal  system that would earn the confidence of its own people and of the foreign business community. Beginning in 1979, for several years I enjoyed especially close relations with the National Taxation Bureau, which, during the early period of the Deng Xiaoping reform era, led the way for other government agencies in establishing impressive regulations and procedures for carrying out its responsibilities and for developing a legal process worthy of respect.

The handling of the Ai Weiwei case has been totally inconsistent with that earlier accomplishment. Neither the Chinese nor the foreign communities can afford to ignore the scandalous mistreatment of Ai. If he can become the victim of criminal and commercial injustice, no one in China or who deals with China can feel safe.

Jerome Cohen is a professor of law at New York University and an expert in Chinese law

The Fake Cultural Development Ltd tax case

1. Process summary

On 3 April 2011 in the morning, Ai Weiwei was taken away by police at passport control at Beijing Capital International Airport.

On 3 April 2011 at midday, Beijing Public Security searched Ai Weiwei’s residence for almost 12 hours. They confiscated 127 items, including computers and CDs. Ten people were taken to the police station for questioning until the early morning.

On 3 April 2011 at midday, Ai Weiwei’s assistant Wen Tao was kidnapped by four plainclothes police officers and went missing. He was illegally detained at a secret location and not released by public security until 24 June. Before this, his family was unaware of his location and received no official notification.

On 6 April 2011 in the evening, Beijing Municipal Public Security went to Beijing Huxin Ltd, the bookkeepers of Fake Ltd. They searched company information, including bookkeeping records and financial statements, dating from its establishment. Xinhua News Agency then published an English bulletin: “Ai Weiwei is suspected of economic crimes and is now being investigated according to the law.”

On 7 April 2011, Beijing Public Security brought the company accountant, Hu Mingfen, who was visiting family in Lanzhou, back to Beijing. After being put in a detention centre for one month, she was transferred to a secret location and detained illegally until she was “granted bail” on 13 June. Her family received no official notification.

On 8 April 2011, the Second Tax Inspection Bureau and Beijing Public Security searched and confiscated all of Fake’s financial and accounting information, contracts and seals from 2005 to 2010.

On 9 April 2011, the Fake shareholder and manager Liu Zhenggang was kidnapped by four men in plain clothes. After being put in a detention centre for one month, he was transferred to a secret location and detained illegally until he was “granted bail” on 11 June. His family was unaware of his location and received no official notification.

On 10 April 2011, the driver Zhang Jinsong was taken away. After being put in a detention centre for one month, he was transferred to a secret location and detained illegally until he was “granted bail” on 23 June. During this time, his family was unaware of his location and received no official notification.

On 12 April, Beijing Local Taxation Bureau Second Tax Inspection Bureau questioned Fake’s legal representative, Lu Qing, for the first time. On 20 May 2011, Xinhua News Agency published a bulletin stating: “Public Security has investigated the alleged Ai Weiwei economic crimes case. The preliminary finding is that Beijing Fake Cultural Development Ltd, under the actual control of Ai Weiwei, has committed offences including evading a large tax payment and deliberately destroying accounting records.”

On 22 June 2011, after 81 days in detention, Ai Weiwei was released “on bail” and returned home. His family members received no official notification. They could not get information about his suspected crime, what forceful measures were used and where he had been detained.

On 14 July 2011, the Bejing Local Taxation Bureau Second Tax Inspection Bureau held a closed hearing.

On 1 November 2011, the Beijing Local Taxation Bureau Second Tax Inspection Bureau decided that Fake had committed tax evasion and was required to pay 5,263,756.61 yuan in back taxes, a 3,190,331.52 yuan late-payment penalty and a 6,766,822.37 yuan fine. The three payments totalled 15,220,910.50 yuan (£1.5m).  n 29 December 2011, Fake asked for an administrative review at the Beijing Local Taxation Bureau. On 29 March 2012, the Beijing Local Taxation Bureau turned down the request for a review.

On 13 April 2012, Fake sued the Beijing Local Taxation Bureau Second Tax Inspection Bureau at Beijing Chaoyang District People’s Court. The trial opened on 20 June 2012. On 20 July, the court rejected the entire Fake case.

On 3 August 2012, Fake lodged an appeal at Beijing Second Intermediate People’s Court. On 27 September 2012, in the company’s second and final appeal, the intermediate court upheld the original decision.

2. Points of controversy in the tax case

The Fake tax case contains grave problems and controversy in terms of both procedure and facts.

1. Points of controversy in the procedure

Procedure is essential in implementing justice.

Although Fake repeatedly raised serious procedural issues, the tax authorities and courts gave
no response. The main problems at each stage of the procedure are as follows:

1.1. Beijing Municipal Public Security Bureau
1.1.1. Public security exceeded its authority in the Fake tax case.

According to the Criminal Law Amendment (7) and the regulations on the administrative pre-procedure related to “Provisions (II) of the Supreme People’s Procuratorate and the Ministry of Public Security on the Standards for Establishing Criminal Cases under the Juris - diction of the Public Security Organs for In - vestigation and Prosecution”, only after the offending party has declined to implement tax administration penalties and after the tax organs have transferred the case to public security organs can public security organs establish a criminal case against the responsible parties. The Second Tax Inspection Bureau made its decision against Fake only on 1 November 2011. It is clear that in April 2011 public security detained five people in secret, including Ai Weiwei, on the grounds of “tax evasion”. They searched and confiscated Fake financial information, which was exceeding their authority and handling the case illegally.

In the Fake tax case, the tax organs were completely reliant on the Public Security Bureau for their evidence, and the police were pushed to the legislative foreground, which strengthened the contradiction and artificially produced   case of “major impact”. The police administration was brought into the government administration mechanism, which in essence weakened the function of legal and responsible adminstration.

1.1.2. “Arrest before investigation” is a violation of the law. On 3 April 2011, public security took Ai Weiwei away. They then detained four people, including a Fake shareholder and the company accountant. However, of the evidence  in the file put together by public security, none was collected before 3 April 2011. The essence of “an arrest before investigation” is assuming that a suspect is guilty.

1.1.3. The authorities confiscated all the company’s account books and refused to give them back. During the Fake case review, first hearing and final hearing, the company’s account books were confiscated by Beijing Municipal Public Security and not given back.

1.2. Beijing Local Taxation Bureau Second Tax Inspection Bureau

The Bureau was responsible for the adminis - trative handling of the case. The following problems existed in its administration and law enforcement:

1.2.1. More than 95 per cent of the evidence came from public security and was obtained illegally. The Second Tax Inspection Bureau issued the following statement on the composition and source of the “evidence list”:

“1. Account books, certificates and related tax documents were provided to the defendant after they were obtained by public security  organs from the plaintiff’s bookkeeping company;

2. Third-party account books, certificates, instructions and other materials were provided to the defendant after public security organs obtained them;  

3. Notes from public security questioning were taken by public security and then provided to the defendant;

4. Bank statements etc were provided to the defendant after they were obtained from the bank by public security;

5. Inspection process documents and notes were produced by the defendant; 6. Tax records, inspection materials and certificates from tax organs were obtained by the defendant.”

This indicates that most of the evidence that the defendant cited in the Fake tax case and for making a decision came from the Public Security Bureau.

Fake believed that: first, the evidence “transferred” from public security organs was obtained while violating legal procedures. It therefore constituted illegal evidence and should be discounted. Second, the Law on the Administration of the Levy and Collection of Taxes has given tax organs tax inspection rights through legal means. This is the responsibility of the tax organs, and the public security organs should not be investigating on their behalf.

The Second Tax Inspection Bureau argued that the public security organisations exercise judicial authority. According to the 57th and 58th clauses of the Law on the Administration of the Levy and Collection of Taxes, tax organs have the right to obtain relevant documents from organisations including public security organs. Based on this, obtaining evidence from public security organs is legal.

Fake believed that the 57th and 58th clauses of the Law on the Administration of the Levy and Collection of Taxes gave tax organs the right to investigate “relevant organizations and individuals, regarding taxpayers, withholding agents and other parties and their situation regarding tax payments or tax withheld and remitted or collected and remitted”. This is completely different from public security investigating taxpayers and transferring evidence, so the defendant’s response was irrelevant.

1.2.2. None of the evidence had been crossexamined. This should be regarded as a lack of factual basis. During the hearing procedure, the bureau presented only part of the review document. It had not been checked. During the trial, the plaintiff’s right to cross-examine was also removed by the court.

1.2.3. In order to comply with public security, coercive methods were used to obtain evidence. The Second Tax Inspection Bureau and public security, on condition of “bail”, coerced Ai Weiwei, who was in prison, to sign a “recognition of alleged tax violations” on 22 June 2011.
This was self-incrimination, and was used as forceful evidence that Fake had evaded taxes. It would be hard to imagine that the “recognition of alleged tax violations” could be a legal document at the tax inspection trial stage. However, it appeared at the previous tax inspection stage, as if a man-made satellite had appeared in the Qin or Han Dynasty.

1.2.4. The tax inspection work had no statutory elements or contents.

The Second Tax Inspection Bureau did not have documents such as the “tax inspection working paper”, “tax inspection report” and “tax inspection trial report”. The contents of the “decision declaration” were incomplete. It did not mention how the “tax evasion” amount or the late-payment penalty amount were calculated.

1.2.5. The hearing process violated the law. The Second Tax Inspection Bureau did not conduct an open hearing on the basis that the case involved commercial secrets. This reason is not valid, and the facts later confirmed that the socalled commercial secrets did not exist.

1.3. Beijing Local Taxation Bureau

The bureau carried out the review. On 2 February 2012, Fake applied to the bureau for a review of the documents and hearing attendance. On 27 and 28 March the document inspection started. On 29 March, the bureau made a decision about the review. Not only did it refuse to conduct a hearing, it made a decision about the review in less than 12 hours after the lawyers finished inspecting the document. They deprived the attorney of his right to state his case and the right to defence.

1.4. Beijing Chaoyang District People’s Court

Fake sued the Beijing Local Taxation Bureau Second Tax Inspection Bureau at Beijing Chao - yang District Court. The hearing was held on 20 June 2012.

1.4.1. It was called an open trial but in fact it was a secret trial. A trial as conspicuous as this was arranged in a small court, which could hold five spectators only. Five insiders were arranged to take up all the seats, and Fake was not allocated any spectator seats.

1.4.2. The court did not carry out its obligation in collecting evidence. Fake had previously requested the court to provide evidence of the plaintiff’s account books and certificates that were confiscated by public security, but the court had decided not to collect the evidence prior to the court session, nor had it sent a notification to the plaintiff saying that collecting this evidence was not allowed.

When Fake asked the court about this, the collegiate bench said, “We will answer this after the trial opens.”

1.4.3. The court did not carry out its obligationto call witnesses. Fake applied to summon Liu Zhenggang, Hu Mingfen and others as witnesses, but the court did not inform them. It claimed that the obligation to notify lay with the plaintiff. Fake asked for the defendant’s law- enforcement officials – ten people, including You Pengnan – to testify, but the court did not arrange for it.

On the contrary, however, after the court opened, You Pengnan appeared, representing the defendant. Fake raised an objection, but the collegiate bench replied that the company should raise it again after the trial.

1.4.4. The court removed the plaintiff’s right to present evidence. Fake requested evidence
from the collegiate bench prior to the opening of the court, but received no response. On 20
June in the morning, Fake went to the Three Shadows Cultural Exchange Centre and obtained evidence partly sufficient to overrule the decision. In the afternoon of 20 June, before the court opened and three times during the court session, the evidence was presented to the collegiate bench, but the court did not accept it, because it “overran the deadline for presenting evidence”.

1.4.5. The court refused to investigate the legitimacy of the sources of the evidence. According to law, the defendant can collect his own evidence, but it was all collected by public security authorities. More than 95 per cent of the evidence on administrative behaviour presented by the defendant was collected by public security organs.

Public security intervened in the tax case illegally, and the evidence was illegally obtained from detainees, which was not legitimate. Therefore, the plaintiff asked for the above evidence to be discounted. However, the court claimed that “the legitimacy of the public security investigations is not within the range of this court’s hearing”.

1.4.6. The court refused the plaintiff’s legitimate request to check the original evidence documents, and illegally removed the plaintiff’s right to cross-examination. During the session, the defendant failed to present any original documents for evidence. The presiding judge, Wu Nan, upon the request to see the documents, repeatedly struck his gavel and said, “As for the documents, the court has already made a decision; do not bring it up again!”

The court “summarised” when questioning the evidence and did not control the questioning time reasonably. Pieces of evidence numbering a thousand pages were given five minutes for questioning: on average, less than one second for every page of evidence. If the time exceeded five minutes, then the questioning would be regarded as abandoned.

1.4.7. The court removed the plaintiff’s right to debate. The plaintiff’s speech was repeatedly interrupted by the judges and was counted down. During the debate stage, three attorneys spoke for only ten minutes in total. The plaintiff could not fully express an opinion.

1.4.8. For these reasons, the plaintiff considered that the collegiate bench could not carry out this trial justly, and therefore requested the court to withdraw the case.

After the court was adjourned, the collegiate bench refused the request. The plaintiff appealed the decision, and the Chaoyang District Court refused orally, refusing to offer any written documentation.

1.4.9. The court refused to allow the litigants and the representatives to copy the court notes.
After the hearing, the court administrative divisional director promised the defendant that the following day at two o’clock in the afternoon they could come to the court to copy the notes, but the next day when they went to court, copying was no longer permitted, the court citing internal regulations.

1.4.10. The order of legal procedures was swapped when the court refused Fake’s request for evidence only after the trial. On 7 June 2012, Fake made its “application for collecting evidence” to the court.  The court did not respond. Yet after the court opened on 4 July, it decided not to allow any evidence to be collected. The reason given was that the defendant “did not meet the conditions for requesting evidence”. However, the decision did not contain a notification, required by law, to specify “which group and which piece of evidence violated which condition for evidence collection”.

2. Focus of controversy over the facts of the case 

Global Times, a subsidiary of the Chinese official newspaper the People’s Daily, published an editorial, entitled “The law will not bend for mavericks”, on the Ai Weiwei tax case, saying that certain western governments and “human rights organisations” had attacked China with strong commentary without understanding the true situation.

What is the truth behind the Ai tax case? Fake Ltd was established by the shareholders Lu Qing and Liu Zhenggang. Lu Qing was the legal representative and the wife of Ai Weiwei. Liu Zhenggang was business manager, responsible for company operations. The company’s income came mainly from design services. Ai Weiwei was not a staff member of Fake, but provided guidance and advice to the design services of Fake as an independent artist.

Fake went into operation in 2001. The tax organs believed that, over ten years of operation (until 2010), Fake concealed three counts of income, totalling 15,823,724.36 yuan. They pursued unpaid taxes of 5,263,756.61 yuan, a fine for overdue payment of 3,190,331.52 yuan and a penalty of 6,766,822.37 yuan, totaling 15,220,910.50 yuan.

Regarding the facts, the parties were in controversy over the following:

2.1. Who was the tax-paying entity for these three projects with alleged tax issues?

The standard for determining the tax-paying entity depends not on form, but on substance. This is the so-called principle of substance over formality in tax law. The heart of the problem is, who was the true controller of these three projects? Usually the actual controller is determined by who has the right to dispose of and the right to benefit from income. In tax law, the object of the test to determine the right to dispose of and the right to benefit from income is the sum of income. The public security organ, tax organ and the lawyers of Fake all acknowledged that Liu Zhenggang disposed of and controlled the project funding in the case. It is a shame that the conclusion drawn by each party was very different.

2.2. Was it tax evasion?

Regardless of whether the tax-paying entity was Ai Weiwei, Fake Ltd or Liu Zhenggang, the fact that tax duty had not been declared on the income for the three engineering projects is not in dispute. The key to the problem is, does the failure to declare taxable income constitute tax evasion?

According to China’s Law on the Administration of the Levy and Collection of Taxes, there are generally three types of failure to declare tax duty:

2.2.1. “Tax evasion”: falsely filing or deliberately failing to file taxes, causing an underpayment
of tax, following Term 63 of the Law on the Administration of the Levy and Collection of Taxes. This is breaking the law. If it reaches a certain ratio, it constitutes a crime.

According to Term 201 of the Criminal Law, it is the crime of evading payment of tax. The constituents must consist of the resulting elements, namely underpayment of tax and of a clear amount.

2.2.2. “Tax leakage”: not deception or concealment, but human error causing underpayment of tax, according to Term 64, Article 2 of the Law on the Administration of the Levy and Collection of Taxes. It counts as a normal administrative offence, not a criminal offence.

2.2.3. “Making up tax”: underpayment of tax caused by reasons not related to the actor (including incomplete factors in levying tax), as in Article 35 of the Law on the Administration of the Levy and Collection of Taxes. For example, where, although it is clearly income, the expenditure can’t be verified. The tax organ, by approving the profit rate, makes complete the factors in levying tax to realise the aim of levying tax. This type of underpayment of tax is the result of the expansion of administrative powers of the tax organs. It is not breaking the law, so the authorities cannot levy an overdue payment fine or penalty fine.

The contention of this case is focused on the dispute between “tax evasion” and “making up tax”. A simplified breakdown illustrates:

According to the law, when the cost is difficult to verify, an estimated tax should be levied. It should not be handled as a case of tax evasion. When the costs and expenses of a project cannot be checked, it cannot be asserted that the party has been evading tax.

2.3. The issue of verifying costs and expenditures for the three projects

The Second Tax Inspection Bureau said, “The defendant, upon confirming the total amount of taxes that the plaintiff should have paid, has also confirmed the costs related to the taxable income and subtracted it according to regulations.”

The plaintiff believed that the three projects that the tax bureau considered as evading taxes are defined by incomes that greatly mismatch with their costs. The Second Tax Inspection Bureau verified the income of the Boya Garden project as 1,107,716.00 yuan and its costs as nil. That goes against common sense. Income from the Three Shadows and Upper House projects was 14,716,008.36 yuan, the confirmed cost was nearly 1,047,349.39 yuan and the rate of profit was 92.88 per cent.

The costs were ridiculously low because the public security and tax organs jointly and deliberately concealed evidence of costs. For example, it has already been proved that Three Shadows, upon requests from the public security organ, presented it with receipts for expenditure of 3,738,551.06 yuan for materials used in the project. However, the total cost for all three projects that the tax organ received from the public security organ was only 1,047,349.39
yuan, less than a third of the cost for one project. Through this kind of deliberate selection of evidence, the profits of the projects were artificially enhanced to frame the company.

3. Conclusion

When one looks at the overall progress of the case, it is clearly an erroneous lawsuit. How could it have proceeded so smoothly? Because all the processes had already been arranged. The tax law-enforcement organ, the administrative review organ, the judicial court or representative lawyer were all following a set course. Administrative surveillance, independent trial and lawyer participation had no opportunity to exercise their rightful functions.

Tax cases such as that of Fake are ubiquitous in China. Unjust cases of sanctioning a party through tax means are also common. Most of the affected parties choose to remain silent in exchange for a reduction of the penalty by the tax organisation.

Fake used all means to fight its case, exposing illegality at each stage. This is unprecedented. The wish is that, through the heavy price paid by Fake, through the price for freedom paid by a person who doesn’t believe in following trends and who dares to speak the truth, we can make progress in China’s law enforcement.

The information used in this article was provided by Ai Weiwei’s lawyers

This article first appeared in the 22 October 2012 issue of the New Statesman, Ai Weiwei guest-edit

Photo: Getty
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Jeremy Corbyn has attracted "socialism fans", not Labour voters

The leader's project is to transform the Labour party, not win elections. 

Jeremy Corbyn was elected leader of the Labour Party in September 2015, and (following a vote of no confidence and a leadership challenge) re-elected to the same post in September 2016. In February this year, many of those who had re-elected him expressed disappointment at his effectively unconditional support for Theresa May’s invocation of the Article 50 process to leave the European Union; perhaps to placate them, Corbyn subsequently called for a demonstration in support of those who would suffer the most from EU withdrawal, but then failed to turn up.

Part of the public rationale for Corbyn’s three-line whip on the Brexit vote was that if the party opposed it, then that might lead to a loss of support in predominantly working class constituencies in the North and the Midlands that had voted Leave by large margins: constituencies such as Copeland and Stoke-on-Trent Central, where the party nevertheless went on to lose vote share in by-elections later the same month.

But despite all this — despite Brexit, which Labour Party members and voters had overwhelmingly voted against, and despite what was arguably the worst by-election performance for an opposition party since the late 19th century — Corbyn’s supporters in the Labour Party are still for the most part Corbyn’s supporters in the Labour Party, and they’re not going anywhere — and neither, therefore, is the man himself.

Asked whether Corbyn’s continued leadership of the party was a good thing, the answer from sidelined deputy leader of the Labour Party, Tom Watson, was pragmatic: "It doesn’t matter; that is the situation." This impasse will not endure forever: Prime Minister Theresa May has called for an early General Election, and Corbyn (who has been asking for one since December last year) has given his support. But in the six weeks that we have left until the Labour Party is overwhelmingly (and perhaps irreparably) crushed, it may perhaps be worth reflecting on how it got into this appalling mess.

1. A hostile takeover

The best way to find out what a particular group thinks is to survey a random sample of about a thousand of its members — and this is exactly what Ian Warren of Election Data has done, by commissioning a YouGov opinion poll of the Labour Party. Warren’s poll found striking differences between party members who joined before Corbyn became leader and party members who joined afterwards. Among the former group, 28% approve and 62% disapprove of his leadership, but among the latter, 69% approve and 20% disapprove. The poll also found Corbyn’s leadership to have the approval of only 47% of those members who voted Labour in 2015, but of 73% of those who voted for other parties at that time. Both of these findings support the view of Corbynism as a hostile takeover  of the Labour Party.

The party has long been attractive to such takeovers because, since the early 20th century collapse of the Liberal Party, it has consistently been one of the two most dominant parties in the British parliament. However, it was recently made more vulnerable to takeover by rules changes that gave anyone who joined the party or registered as a supporter an equally weighted vote in its internal elections.

Corbynism is the exploitation of that vulnerability in order to increase the influence of a particular faction within the Labour Party. This faction is sometimes referred to as Labour’s "hard left" wing, to distinguish it both from the party’s "centrist" wing (think Tony Blair or Harold Wilson) and the "soft left" that lies between the two (think Ed Miliband or Neil Kinnock). However, it is perhaps more useful to refer to it as the party’s "Bennite" faction. This emphasises its long-term leadership by Tony Benn, father of Melissa Benn, the author; Hilary Benn, the decidedly non-Bennite MP whose sacking from the shadow cabinet prompted the 2016 leadership challenge against Corbyn; and Stephen Benn, the 3rd Viscount Stansgate.

Although originally a centrist, Benn converted to Marxism in the 1970s, acquiring a devoted following among the more radical elements that were by then flowing into the party membership. He was never successful in his attempts to become party leader or deputy leader, but Benn was responsible for the party’s adoption of its most radical manifesto ever: a programme of industrial nationalisation, unilateral nuclear disarmament, and withdrawal from the EU’s predecessor organisation, the European Community. When Michael Foot, a representative of the party’s "old left" (think Aneurin Bevan or Richard Crossman) led Labour into the 1983 general election on this manifesto, it received its worst defeat since before the Second World War. Foot resigned as leader of the Labour Party and was replaced by Neil Kinnock, a left winger who had not supported Benn.

With the party under Kinnock’s leadership, Benn and his associates — such as Ken Livingstone, who had become leader of the Greater London Council in 1981, and Jeremy Corbyn, who was elected to parliament for the first time in that fateful 1983 election — were unable to prevent the expulsion of their allies in Marxist-Leninist groups such as Militant (originally known as the Revolutionary Socialist League), and were increasingly sidelined from the late 1980s onwards. Their defeat seemed cemented in 1995 when Tony Blair amended Clause IV of the Labour Party constitution to replace its commitment to public ownership of industry with a commitment to unspecified "democratic socialist" ideals, subsequently rebranding the party as "New Labour" and (together with his then-ally, Gordon Brown) leading it to an unprecedented run of three general election victories in 1997, 2001, and 2005.

However, the balance of power shifted with the party’s demoralising 2015 defeat under its "soft left" leader, Ed Miliband. Following Miliband’s resignation, Corbyn — at the time, a largely forgotten Bennite — secured sufficient nominations from fellow MPs to gain a place on the leadership ballot. In accordance with rules changes agreed under Miliband, the ballot was put to members, registered supporters, and affiliate members of the party, whose ranks were swelled by large numbers of people joining specifically in order to vote for Corbyn. Corbyn’s victory was convincing, although it is noteworthy that – despite the influx of new members – he was not the first choice of 50.4 per cent of party members.

After winning this internal election, Corbyn swiftly moved to install his allies at the top of the party. His long-term friend, John McDonnell — another Bennite, who once described Karl Marx, Vladimir Lenin, and Leon Trotsky as his "most significant" influences — was appointed to the most senior shadow cabinet position, and a number of Marxist-Leninists from outside Parliament were given important posts within the party. Labour centrists often refer to Communists as "Trots", i.e. Trotskyists (that is, supporters of revolutionary proletarian internationalism as represented by the Fourth International). However, the prevailing ideological climate of Corbyn’s circle tends more towards the other primary stream of European Marxism-Leninism, i.e. Stalinism (that is, support for the totalitarian Soviet state as well as — for unclear reasons — its gangster capitalist successor state, the Russian Federation).

The antifascist blogger, Bob from Brockley, explains as follows:

Corbyn has had a weekly column in… the Communist Party of Britain’s Morning Star, and he has used that column to promote a basically Cold War second camp worldview, most recently in promoting Kremlin lies about Ukraine…After leaving Oxford, Seumas Milne [whom Corbyn appointed as the Labour Party’s Executive Director of Strategy and Communications] cut his political teeth in a group called Straight Left, whose USP in the small but crowded market of the far left was that it thought most other Communist groups were insufficiently appreciative of Stalin’s achievements. 

Let’s not get carried away, though: whatever the political background of the Labour leader and his circle, there is no need to assume that all those who voted for him are current members of revolutionary Communist organisations. Some sort of Communist influx has undoubtedly occurred, especially within Momentum (the "grassroots" pro-Corbyn organisation founded and owned by Corbyn’s old friend, Jon Lansman, and now riven by conflict between its Trotskyist and Bennite wings. As Colin Talbot has argued, there are very large numbers of aging ex-Communists who may have "turned to Corbyn as the political equivalent of going out and buying a Harley".

But Corbynism appeals to a wider (but not that much wider) group of mostly middle class people whose primary cultural identification is with "the Left". Such people are keen to support Corbyn because they see him as one of their own: a vegetarian pacifist who has never been interested in the tedious work of winning elections and scrutinising legislation but who has (as he told Nigel Nelson in the middle of his first leadership election campaign) "always [been] passionate about justice, the environment, and war and peace", and who, in his youth, "got arrested in most countries [he] visited for demonstrating".

Although Corbyn was originally elected with broad support from existing members of the party, his power base within it now primarily consists of people who joined it in order to re-shape it in his image and their own. These people might best be thought of as "socialism fans", and are quite different from traditional Labour Party members and voters. They are people who joined the party not because they agreed with its goals and wanted to help it achieve them, but because they identified with the culture of Leftism and sought an active form of cultural participation — much as theatre buffs might join an amateur dramatics club, or history enthusiasts might join a medieval re-enactment society.

The difference between those who joined the party in order to help its representatives get elected to local and national government and those who joined the party in order to place and keep Corbyn at its helm is as stark as (and in many ways parallels) that which George Orwell's The Road to Wigan Pier describes between, on the one hand, "the warm-hearted, unthinking Socialist… who only wants to abolish poverty", and, on the other hand, "the foaming denouncers of the bourgeoisie, and the more-water-in-your-beer reformers… and the astute young social-literary climbers… and all that dreary tribe of… sandal-wearers and bearded fruit-juice drinkers" who flock to "Socialist" organisations and drive away ordinary working class people who might otherwise be inclined to join or vote.

It is not just that members who voted for Corbyn in 2016 (i.e. after and despite the bad opinion polls, the dreadful showing in the May elections, the loss of the referendum, and the vote of no confidence from those it was Corbyn’s job to lead) are — as Warren’s YouGov poll shows — far more likely than those who voted against him to engage in low-investment forms of political activity, such as sharing campaign messages on social media, and far less likely to engage in high-investment forms of political activity, such as delivering leaflets or knocking on doors.

It is that they have a very different idea of what the Labour Party is for. They view it not as a party of parliamentary government or opposition but as an opportunity to engage in demonstrations, protests, marches, and rallies — as well as thrilling social media battles against insufficiently radical Labour MPs (and their supporters). These are the people for whom Corbyn was speaking when he said: "We’re all in power. We just don’t realise it. We have the power to speak, to influence, to demonstrate, to demand."

Engagement with the business of parliament is irrelevant — perhaps even an impediment — to the socialism fan’s enjoyment of such "power". Thus it seems unsurprising that, of those who voted for Corbyn in the 2016 election, only 11 per cent consider "understanding what it takes to win an election" to be among the two or three qualities most necessary for a Labour leader (compared to 55 per cent of those who voted against them), while 30 per cent and 31 per cent respectively consider "mov[ing] the party to the left" and "tak[ing] on powerful interests" to be among them (compared to 2 per cent and 6 per cent of those who voted against him).

The conflict between socialism fans and people with a more direct interest in electoral politics plays out again and again in social media. For example, when Owen Jones last month asked Corbyn supporters on Twitter what they thought of the prospect of an early election, he was told that "transforming the Labour Party" was "never a short-term project". The Corbyn supporter who supplied this answer seemed indifferent to Jones’s objection that the "decimation of Labour" would be the result.

A few days after I observed the above exchange, a Labour Party who had once held the post of Political Education Officer within his CLP used the relatively less public platform of a Facebook group to inform me that it did not matter whether the party lost votes as it turned towards socialism, because votes for a party that was (on his view) insufficiently socialist were no different from votes for the Conservative Party or the Liberal Democrats. As he continued: "I want Labour to be firmly socialist", "I think New Labour must be permanently exterminated", and "the important thing is having Labour as a socialist party and eradicating New Labour for good".

One might wonder what end could be achieved by transforming Labour if it could not then be elected to government? But that is the wrong question: the eradication of Blair’s legacy is an end in itself. This is recognisably the same politics advocated by Corbyn-supporting journalist Paul Mason in conversation with the more sceptical Carole Cadwalladr:

"In America, he says, ‘what the Occupy generation chose to do was to occupy the Democratic party and that’s effectively what [we] have chosen to do here: to occupy the Labour party. … We, on the left of the party, didn’t want this fight. But it’s like what General Sherman said in the American civil war: “You’ve chosen war. We’re going to give you all the war you can take" …I want to lay waste to the whole neoliberal hierarchical tradition that Blairism and Brownism represented’."

We see more of the same in the following, by the influential left-wing author, Richard Seymour, who laid out his vision on Twitter:

1. Regarding "pessimism", a few points of order. The most plausible outcome of Corbyn's leadership has never been socialist triumph.

2. The party apparatus and the wider terrain (media etc) was always going to be set against him.

3. The electoralist goals of Labour would always conflict with the goals of regrowing the grassroots, winning socialist arguments.

4. Because the latter work on a long timeline, whereas elections are short-term, responsive to news cycles, parliamentary squabbles, etc.

5. Even winning an election wouldn't be triumph, because it's a question of what kind of country you govern -- political economy, etc.

6. The best hope for Corbynism was/is that it would transform Labour, democratise it, make it a mass campaigning party.

7. A party capable of organising social power beyond electoral arena -- but that means taking short-term losses, esp middle class votes.

Winning elections is not an objective; losing votes is not a problem; the goal is to transform Labour: to take it out of electoral politics, to refocus it on the exercise of "social power", and above all, to democratise it, i.e. to put it under the control of anyone who wants to join it, rather than those of its representatives who have been elected to parliament or to local and regional government by the general public and who do the day-to-day work that this involves. If that goal is ever achieved, it is hard to imagine what the party would do next. Those who share a desire to take it over do not necessarily share much else in common, besides a hatred of Tony Blair. In fact, the most likely outcome would be a series of splits, for example between those who wish to abolish private property and those who only want to nationalise the railways.

Corbyn’s leadership can be advocated by liberal environmentalists and revolutionary Communists, as well as by mutually opposed sub-groups of the latter, because his own ideology is impossible to pin down beyond a commitment to a "socialism" that he defines only in the vaguest possible terms. "You care for each other, you care for everybody, and everybody cares for everybody else", (another gem from Nelson’s interview) is his clearest statement yet of what the word means when he uses it.

What manner of policies for the governing of a country could one derive from such a position statement? Almost any — which means that all those who wish to, can imagine that Corbyn would govern in accordance with their own preferences. But the defining feature of Corbynism is that it is only incidentally concerned with the outside world. It is primarily a politics of coalition between members of the self-identified "Left", who will be able to work together only as long as there is no goal beyond the defeat of Labour’s centrist and soft left factions.

For example, the Stop the War Coalition, whose president was Tony Benn until 2014, whose chair was Corbyn until 2015, and which retains Corbyn’s full support, is felt by many people to be a front for Britain’s largest Trotskyist organisation, the Socialist Workers’ Party or SWP (of which the above-quoted Richard Seymour used to be a member). It seems oddly unbothered by the savagery of Daesh/Islamic State. Meanwhile, the Morning Star is unbothered by the equally barbaric Kremlin-backed Assad regime and likewise retains Corbyn’s support.

What rational sense can this make? It’s not just that these are groups that no reasonable and humane person would want anything to do with. It’s that Trotskyists and Stalinists were at each other’s throats even before Stalin had Trotsky murdered — and that Daesh and the Assad regime are at war. Similarly, Corbyn can insist that "women deserve… unflinching support in the face of violence and abuse", yet ignore his own feminist supporters when they demand that he distance himself from Stand up to Racism over the well-documented willingness of the SWP (for which it is, of course, yet another front organisation) to cover up allegations of sexual violence by its own senior members. Because all the associated speaking and demonstrating and demanding (to return to Corbyn’s above characterisation of the kind of "power" that he and his followers appear to understand themselves to wield) is covered by the umbrella of an amorphous Leftism with no need for ideological coherence, relatively substantial numbers of socialism fans can be recruited to the support of often rather nasty groups even as the majority of the population is repulsed.

Corbyn, with his vague passion for "justice, the environment, and war and peace", is the ideal figurehead for this cultural or aesthetic Leftism and its cynically tactical coalitions - an apparently blank canvas onto which socialism fans can project their fantasies. Since 2015, his own saintly figure has been the focus of perhaps the largest coalition of all, devoted to the single issue of getting the Labour Party out of the government business by installing him as its leader and keeping him there. As the rest of this article will argue, it scarcely matters how particular Corbyn supporters might choose to define their politics, because they all speak the same language in support of this shared goal.

2. The commonplaces of Corbynism

Here is a quote amalgamated (note the ellipses) from three comments that a single individual made on a mutual friend’s Facebook post on 27 February 2017. Between his posting of the second and third comments, I commented that the Labour Party is not primarily a socialist party but has "always had room for socialists — provided that they can reconcile themselves to electoral reality".This comment of mine is referenced in the third of his:

"A centrist-Labour would now be what was once considered right wing. Corbyn is hardly hard left, but mainstream politics has lurched so far to the right it’s normalised the right doctrine and neoliberalism. As Raymond Williams scarily predicted, the values and ideas are of neoliberal capitalism are so normalised it appears to be the only way, the way it’s ‘always been’. … If the only viable choice is a right leaning Labour party, or an extreme right Tory party, dictated mostly by the right wing and corporate owned media, then really democracy and decency are already lost. …‘Electoral reality’ is exactly what Raymond Williams warns about. This is the way it is, there’s no room for change. Corbyn represents a genuine difference. If the choice is between Extreme Tory and Tory-Lite, then what is even the point? Corbyn has repeatedly been on the right side of history, and his policies have genuine popular appeal and yet it’s increasingly clear the media control what people see and hear."

There’s nothing special about the above, but that’s the point: the most striking thing about it is its sheer predictability. Although not all attempt to understand contemporary politics by reference to the work of Marxist literary critics who died three decades ago, Corbynites say more-or-less the same thing on a daily basis, both on social media and off it. For example, the day after the above Facebook comments were made, the aforementioned Morning Star bluntly asserted that "people understand Jeremy’s message to be true" in an editorial published under the headline "The only political leader offering radical change". An article published later the same week in Socialist Worker — the official newspaper of the aforementioned SWP — argued that "Corbyn’s 'hard left' policies seemed normal inside the Labour party when he first became an MP in 1983" but "n]ow they are regarded as very left wing", and, as a result, "most of the media have waged a vicious campaign to undermine Corbyn".

Like those articles, the Facebook comments above are assemblages of what rhetoricians call topoi or "commonplaces": ideas or themes that are — within a particular culture — frequently revisited and rarely challenged. Within particular groups, people adopt the same ways of speaking, which imply the same ways of thinking. The following are clearly recognisable as the kinds of things that Corbynites say:

Jeremy Corbyn’s policies are what the public really wants.

Jeremy Corbyn only seems to be "hard left" because the Labour Party has moved to the right, leaving him behind.

Without Jeremy Corbyn, the Labour Party would be virtually indistinguishable from the Conservative Party and there would be no point voting for it.

Jeremy Corbyn is different from other politicians.

Jeremy Corbyn brings change that powerful forces seek to prevent.

Jeremy Corbyn has always been "on the right side of history".

If members of the public think they don’t want Jeremy Corbyn, that’s only because of the malign influence of the media.

The only thing missing from the above list is the assertion that Jeremy Corbyn is actually very popular with the British public. If you haven’t heard such lines before, then you haven’t yet met the people who joined the Labour Party in order to get Corbyn into the leader’s office and keep him there — the people for whom Corbyn’s leadership is the only good thing about the Labour Party — the people for whom supporting Corbyn is the very point of being in the Labour Party.

Taken literally, these ideas are a mixed bag. There is never any clarity as to what Corbyn’s "difference" from other politicians consists in, nor as to why it should be considered a good thing. The nature of the "change" he is said to bring is similarly nebulous. The grand-sounding claim about "the right side of history" only means that he voted against the invasion of Iraq. And while some of Corbyn’s policy positions are potentially popular with voters, those are positions that are shared across the Parliamentary Labour Party, including by centrist MPs. As for the idea that Corbyn originally represented the mainstream of the Labour Party, that is true only in the limited sense that his entrance into Parliament was via the disastrous 1983 election, which the party fought on a manifesto that was largely the handiwork of one of its most left-wing MPs. 

But the power of commonplaces arises from repetition, not from rational consideration in relation to empirical evidence. Indeed, their very point is that they are never subjected to critique, serving instead as accepted starting points for trains of thought that reliably loop back to the point of departure. For Corbyn’s supporters, a good argument is an argument both founded upon and re-affirming Corbynite commonplaces, while a deceptive or mistaken or otherwise Blairite argument is an argument that does not.

3. The culture of the Left

One of the most interesting aspects of these commonplaces is their ability to circulate between groups that might otherwise appear to have fairly fundamental disagreements, including supporters and opponents of Britain’s membership of the European Union, as well as both Stalinists and Trotskyists. This is because they have their roots in the culture of the 21st century British Left — which is shared across multiple left wing groups and left-identified individuals unaffiliated with any specific group — rather than in any particular political analysis — which is the sort of thing that socialists and Communists will feud over until the end of time (hence the virtually microscopic size of all British parties to the left of Labour).

Here, for example, is an editorial published nearly two years before the above social media comments in Solidarity, the official newspaper of the Alliance for Workers’ Liberty or AWL, a Trotskyist organisation formerly known as Socialist Organiser, membership of which is proscribed for Labour Party members:

"The huge support for Jeremy Corbyn’s campaign for Labour leader is a reminder that what seems like an overwhelmingly dominant right-wing ‘consensus’ in bourgeois politics can be limited and unstable. It shows that large numbers of people, including working class and young people, still want a politics that is different to, and to the left of, the consensus of neo-liberalism."

We can read this and the more recent quotations we have already seen almost as a single text. Left politics, identified with Corbyn, are positioned as "different to", "offering radical change" from, or "represent[ing] a genuine difference" with regard to a "normalised" or "consensus" position described as "neoliberal" or "bourgeois" and identified not only with the Conservative Party ("Extreme Tory") but also with all Labour MPs not overtly affiliated with their party’s left wing ("Tory-Lite"). This politics is not really "hard left"; rather, it is "popular", "understood to be true" by "people", and supported by "large numbers of… working class and young people", such that any apparent lack of enthusiasm from the general public must be explained, whether explicitly or otherwise, by conspiracy theories — for example, involving "a vicious campaign" waged by "the media", which has "control [over] what people see and hear".

The latter is particularly important because it functions as an alibi for the failure of the rest. For example, while I was writing this, a message was posted to a popular Labour Party Facebook group using a reference to Edward Herman and Noam Chomsky’s Manufacturing Consent to support the argument that it is not the Labour leadership but the media that need to change. "Labour politics is fine," the poster concluded, and if "a political party that clearly represents the interests of the vast majority of the population cannot obtain the commensurate backing", this can only be explained through media bias.

To accept this line of reasoning is to accept then the Labour Party will never again win elections because it cannot change the media, but to assert that its future defeats won’t matter, because they won’t be the party leader’s fault. If indeed one regards elections in which the general public participates as in any way important – which many enthusiasts of party democracy apparently do not.

Such thinking goes all the way to the top of the current party, with Corbyn’s closest parliamentary ally, McDonnell, informing two journalists at the Guardian — a newspaper that was intensely critical of Blair (especially over the war in Iraq) and that publishes numerous pro-Corbyn commentators — that because their employer "became part of the New Labour [i.e. Blairite] establishment… you feel dispossessed because your people are no longer in power" and therefore collude in the media’s attempt "to destroy a socialist who is trying to transfer power from the establishment to the people". Corbynite commonplaces all the way.

4. "Working class politics"

But what is "the establishment" and who are "the people"? In practice, the former simply means whoever held positions of influence in the Labour Party before Corbyn’s election as its leader, and the latter simply means the Bennite faction of the Labour Party and its allies in various left-wing organisations, some of whose members are banned from joining Labour.

On the subject of organisations proscribed for Labour members, I turn now to an editorial published just after Corbyn’s re-election as Labour leader in The Socialist, the official newspaper of the Socialist Party or SP: another Trotskyist organisation that formerly practised entryism under the name of Militant but subsequently shifted to competing against the Labour Party in local and parliamentary elections, latterly in partnership with the SWP as part of the Trade Unionist and Socialist Coalition or TUSC (from which the SWP recently withdrew in order to focus its efforts on supporting Corbyn). The editorial, which also writes of ‘huge enthusiasm for Corbyn’s pro-worker platform’ argues as follows:

"The battle against Labour’s right is not simply a battle between two wings of a party. Behind them are the class interests of the different participants. The right ultimately represents the capitalist elite, which was delighted with the Blairite transformation of Labour into a party that could be relied on to act on their behalf, and is fighting to turn the wheel of history back to that situation."

It’s worth thinking about this carefully. Its scope is the Labour Party itself (from which ex-members of Militant are banned), and its concern is with whether the party shall remain in the state to which it was transformed by Blairite Labour MPs for the benefit of the "capitalist elite" or shall be re-transformed by Bennite Labour MPs for the benefit of… well, who, exactly? The idea appears to be that Corbyn’s leadership will deprive the "capitalist elite" of the tool that the Labour Party supposedly became under Blair. The Labour Party does not have to win elections for that goal to be achieved. Indeed, it could simply vanish – or fragment into micro-parties indistinguishable from the rest of the British far left.

The image of heroic struggle within the Labour Party is given graphic form in a drawing on the cover of the issue of Solidarity from which I quoted previously, which shows workers (standing on the left, of course!) cheering Corbyn on while senior Labour Party figures (including Blair himself with a badge that reads "Tony Tory") and obese, drunken journalists (naturally standing or sprawled on the right) hysterically condemn him as an "extremist" or a "disaster". The drawing is captioned "The Socialist who stood in a Labour leadership election", and accompanying front page headlines are "Back Corbyn’s campaign" and "Fight for working class politics", while the article quoted above carried the slightly different headline, "Back Corbyn, fight for working-class politics!" From Corbyn’s mouth come vague, policy-free statements of rejection: "I don’t agree with austerity" and "I oppose attacks on the working class and the poor!"

This is, I would suggest, the sum total of the Corbynite project: the installation at the head of the Labour Party of a "socialist", i.e. a person upon whom Marxist-Leninists can pin hopes, and who makes statements aligning himself or herself against right-wing policies (such as "austerity") and with "the working class" and "the poor". What do actual "working class" or "poor" people think of this? They certainly aren’t very keen to vote for it.

In contrast to all the above, and without claiming that it typifies the views of any particular group, I offer the following report of a working-class individual’s discourse on Corbyn, simply to remind my readers of what the Labour Party might look like to those who turn to left-of-centre politics in hope of what George Orwell characterised as "better wages and shorter hours and nobody bossing you about" as opposed to the revolutionary’s "vague threat of future violence":

My Mum, brought up working class in a railway worker’s house, got a phone call today from the Labour Party about her direct debit being cancelled.

She gave them both barrels about how Corbyn was a traitor to the working class by dooming Labour to opposition and bringing about a further decade of Tory government. She said that she would not give another penny to the party until Corbyn had gone. She told the person on the phone that the best government she had ever known was the Blair government and that Gordon Brown saved the world only for this Jeremy Corbyn "tosser" to put it all at risk.

I would like to apologise to the poor bugger who made that phone call as well giving a big shout out to my Mum.

(Taken from the Labour’s Future Facebook group)

Unheard of talk! Blair’s government the best that a "working class" person had ever known? Perhaps the National Minimum Wage and the Sure Start Centres and the extra billions for education and the National Health Service counted for something after all. And Corbyn a "traitor to the working class"? The latter accusation is more typically levelled at Labour Party centrists such as Blair and Brown — the "Tory-Lite" leaders who (we are frequently informed) took the votes of working class people for granted while selling out their interests for the sake of "neoliberal capitalism".

Although Trotskyists, Stalinists, and Bennites alike tend to present Corbyn as the champion of "working class politics", it should be recognised that his programme has very little to offer working class people in the here-and-now. Even in the fantasy scenario of a Corbyn-led government, the hoped-for benefits to the working class would still be indirect: rather than implementing policies to the direct material benefit of actual working class people, a hypothetical Prime Minister Corbyn would — according to the AWL — implement policies to facilitate the working class’s fulfilment of the destiny assigned to it by classical Marxist theory, i.e. the overthrow of the capitalist order and the institution of social ownership of the means of production and exchange, which an elected government could not achieve even "if it wanted to". In the real world and at the present moment, in which the proletariat does not yet acknowledge its revolutionary future role, actually existing working class people are of interest only insofar as representations of them can be conscripted in support of arguments over who will lead the Labour Party.

Meanwhile, those same actually existing working class people repay the compliment by taking little or no interest in the Labour Party. A survey carried out before the 2015 General Election and again in December of the same year found that both before and after the increase in party membership driven by Corbyn’s leadership campaign, over 75 per cent of Labour members lived in households headed by someone in an "ABC1" occupation, i.e. that less than one in four would ordinarily be classified as working class. In socio-economic if not in cultural and political terms, the new membership was indistinguishable from the old membership. The fight to transform Labour from a party seeking to achieve limited although concrete reforms through engagement in the work of local and national government into a social movement more interested in exercising "the power to speak, to influence, to demonstrate, to demand" is therefore probably best understood as a form of middle class identity politics (the identity in question being "left").

The immediate beneficiaries of Corbynism are not working class people per se, but members of "left" political organisations or factions either (a) seeking power within the Labour Party, or (b) directly competing with it in their efforts to win votes in elections and/or to recruit members. Some of those people are working class, but most are not. The Morning Star responded to last summer’s challenge to Corbyn’s leadership with an editorial headlined "Justice must be won for the working class", in which it argued that "[t]he cumulative anger and frustration that’s been building in working-class communities across these lands over the last few decades has found an outlet" in support for Corbyn and opposition to his detractors in the Parliamentary Labour Party.

Given the historically low vote share of candidates for Corbyn’s Labour Party in the strongly working class constituencies of Copeland and Stoke-on-Trent Central last month, such assertions should not be taken literally. Retaining Corbyn as Labour leader wins no justice for the working class; it only consolidates power within the Bennite faction of the Labour Party and provides members of Trotskyist and Stalinist organisations such as the SWP and Communist Party of Britain with a path to greater influence within the Labour Party and greater esteem within the wider Left. The anger and frustration that really troubles the Morning Star is that felt within the revolutionary socialist sects that take themselves to be the guardians of the best interests of the working class of Marxist theory and feel aggrieved that the UK’s largest left-of-centre party is not run by the most left-of-centre people in the UK.

5. They, Daniel Blake: the great spoken-on-behalf-of

One of the defining moments of Corbynism was the release of I, Daniel Blake: a critically-acclaimed BBC Films movie about a tragic working class welfare claimant. It was directed by Ken Loach, a long-term friend of Jeremy Corbyn and the creator of an hour-long promo video in support of the latter’s re-election as party leader. I, Daniel Blake had such an impact on Corbyn’s followers that many of them renamed themselves "Daniel Blake" on Twitter in perhaps the quintessential statement of socialist fandom. "We are all Daniel Blake" was another popular slogan, and — coincidentally — the headline of an article that appeared in the same issue of The Socialist as the editorial quoted above. Following the unprecedented drop in Labour’s vote share in the Copeland and Stoke-on-Trent Central by-elections last month, Loach wrote in defence of Corbyn’s leadership in a Guardian article saturated in Corbynite commonplaces.

The article begins with Loach’s recollections of his own visits to Stoke-on-Trent and Whitehaven (the centre of the Copeland district), promoting I, Daniel Blake with Labour Club screenings organised by activists from Momentum, the privately-owned pro-Corbyn organisation briefly discussed above. Having pointedly criticised Labour activists outside Momentum by commending the behaviour of the Momentum activists in question as "a model of how Labour activists should work" and recalled audience complaints of "the failure of Labour governments… and, importantly, Labour councillors", Loach cut to the chase:

"Now let’s ask the real questions. What are the big problems people face? What is the Labour leadership’s analysis and programme? Why is Labour apparently unpopular? Who is responsible for the party’s divisions?

The problems are well rehearsed but rarely related to the leadership question. A vulnerable working class that knows job insecurity, low wages, bogus ‘self-employment’, poverty for many including those in work, whole regions left to rot: these are the consequences of both Tory and New Labour’s free market economics. … The central fact is blindingly obvious: the Blair, Brown and Peter Mandelson years were central to this degeneration. That is why Labour members voted for Jeremy Corbyn.

Corbyn and his small group fight the Tories in front and deal with the silent mutiny behind them. Yet the MPs, unrepresentative of the members, are doing immense damage. How come the media don’t put them in the dock? It is they and their backers in the party bureaucracy who have been rejected.

It was their Labour party, not Corbyn’s, that lost Scotland, lost two elections and has seen Labour’s vote shrink inexorably. … If Corbyn can be removed, it will be business as usual, with scant difference between Labour and the Tories. If it is to transform society, the party itself must be transformed."

As we see from the above, the priority for Loach — who in 2013 founded the rival Left Unity party and in 2015 campaigned for it against Labour — is the transformation of the Labour Party (yes, that again). That — on his account as much as on that of the Trotskyists and other Corbynites quoted in previous sections of this essay — must (naturally) precede any significant external politics. What is at stake is not the day-to-day work of parliamentary opposition to the Conservative government, nor the short- to medium-term ambition to replace that government with a Labour government that would implement specific policies for the benefit of actual working class people (say, a higher minimum wage and an improved public health service), nor the still less glamorous equivalents in local and regional government, but the eternal — and fundamentally aesthetic — imperative for ‘difference between Labour and the Tories’, i.e. for Labour to be led by the kind of person for whom a socialism fan would like to vote.

Exactly as in the examples quoted in the previous sections, a historic struggle is said to be in progress, with, on one side, Corbyn and his followers, and on the other, a coalition between the Conservative Party, past Labour leaders and cabinet ministers, and "[Labour] MPs, unrepresentative of the members": because the job of Labour MPs is to represent whoever currently constitutes the majority of the (now very middle class) Labour membership, rather than the ordinary voters whose representatives in Parliament they officially are. But this inversion of democracy is no problem at all, because, under Corbyn’s leadership, the party is not unpopular, but only "apparently unpopular", its true popularity presumably concealed in the voting booth and revealed only at screenings of I, Daniel Blake.

Loach’s essential argument is that the sufferings of working class people require Labour MPs and bureaucrats to submit — and submit enthusiastically, for the quiet resignation with which they accepted the result of the September 2016 leadership election is here condemned as "silent mutiny" — to Corbyn and his circle, who will rule over the party in the name of the working class — that is, of them, Daniel Blake.

6. Selling a piece of St Jeremy

We can see how this plays out on the ground in in John Harris’s short video documentary about the Stoke-on-Trent Central by-election. The film is well worth watching as a whole, but the part to which I would like to draw attention is the interaction between a Labour Party activist and a potential voter. Here, PV is the potential voter and LPA is the Labour Party Activist:

PV: What you go- what you gonna do for the community and that?

LPA: What do you think needs to be done for the community?

PV: Pff. I dunno. Like, some better shit, init, like, you know what I mean? Like, build fucking, like, I dunno, like, more youth centres, stop closing shit down.

LPA: Yeah.

PV: Like, help people that are vulnerable and that. Put people in better housing.

LPA: Yeah.

PV: You know what I mean? Stop sending people to jail for stupid shit.

LPA: Yeah.

PV: You know what I mean, like?

LPA: Are there any people that you think represent your views, do you feel like the Labour Party represents the, the —

PV: Nah.

LPA: Why not?

PV: ’Coz they’re all full of shit, man, they’re all like upper class people that’ve, you know what I mean? There’s no —

LPA: Yeah.

PV: No people who’ve actually lived it in there, is there?

LPA: Is that something you would vote for? If people were talking about, like, opening more youth centres, and, uhm, making fairer like justice system and things like that?

PV: Yeah.

LPA: Because that is what, uhm, Jeremy Corbyn, the leader of the Labour Party, stands for at the moment.

PV: But everyone says that, everyone makes, like, promises and that but shit don’t get done, does it?

LPA: One thing I’d say about Jeremy Corbyn is that he’s quite different from politicians that’ve come before – like, do you know that none of the Labour Party want him, basically, like, to be the leader?

PV: No-one wants him ’coz he’s a dick.

LPA: (laughs)

PV: You know what I mean, like?

LPA: Why do you think that?

PV: Well, he was saying stuff like, ah, he doesn’t wanna use our c-, our Trident missiles and all of that shit

LPA: Yeah.

PV: ’Coz if someone come over here and started blowing us up, like, what are you gonna do, pour ’em a cup of tea and be like, "Yeah, crack on."

LPA: But do you not know that Trident costs, like, six hundred billion pounds, so if we didn’t have Trident, all the things that you’ve just said — youth centres, better justice system —

PV: Yeah but the thing is, I don’t actually care, like.

LPA: You do!

PV: But I don’t.

LPA: You do!

I shan’t dwell on the fact that the estimated cost of Trident renewal is not £600bn but £17.5-£23.4bn according to the Ministry of Defence, which supports it, and £100bn according to the Campaign for Nuclear Disarmament, which opposes it. It’s easy to make a mistake in the heat of the moment.

It is more helpful to focus on the radical disjunction between the priorities of the activist and the Stoke resident to whom she is speaking. The latter expresses concern for the local community and with things that affect his life directly: local issues such as housing, youth centres, and institutions that have closed down, as well with what he regards as unjustifiably high rates of incarceration among community members.

But instead of talking about what the Labour Party has done for Stoke-on-Trent, or for people like this potential voter, or about what the previous Labour MP for Stoke-on-Trent Central achieved, or about the merits of Gareth Snell, the Labour candidate for whom the activist is nominally canvassing, and about what Snell might yet do to improve this specific Stoke resident’s life, what does the activist choose to talk about? Why, the leader of the Labour Party, of course! Moreover, she talks about him by commending him for his difference from other politicians and she evidences this difference by stating that other Labour Party politicians do not want him to be their leader.

To an individual not steeped in Corbynite commonplaces, it must have seemed a funny sort of praise for a leader — and a still funnier sort of reason to vote for one of the people he will lead. Among Corbynites, the truly great thing about the Labour Party still appears to be that its MPs are led by someone they don’t want to be led by. But in the world of ordinary people, that is not really a hot sell.

Neither is opposition to the renewal of the Trident nuclear programme, which many British people believe to be necessary to their own safety and that of their families. And, given that — in conversation with a potential voter focused on local issues — this particular activist can only argue for the benefits of such opposition through appeals to the attractions of entirely hypothetical policies — Corbyn has never proposed investing money saved from Trident in youth centres, there’s no connection between Trident non-renewal and justice system reforms (which Corbyn has not in fact proposed), and, in any case, the Labour Party voted to renew Trident despite Corbyn’s opposition, so this is all rather beside the point — it is hardly surprising to hear that the potential voter in question doesn’t care about what he’s hearing. The activist doesn’t seem to believe that he doesn’t care, but I do. Why should he care about the virtues of her grey-bearded, white-faced saint? All that has nothing to do with him.

At the end of the day, the activist speaks as she does because she’s there for Corbyn’s sake. The potential voter to whom she speaks responds as he does because he’s not there for Corbyn’s sake, but because it is his home and he lives there. His concerns relate to the conditions of his day-to-day existence; hers, to the internal power struggles of the Labour Party. To a member of the Labour Party, it may matter greatly whether the latter has a representative of the self-described Left for a figurehead, but what can that matter to anybody else?

Indeed, this particular non-member expresses frustration with Labour for being full of what he calls "upper class people" who have never "actually lived it" — which, give or take a quibble over the meaning of "upper class" (which in Britain traditionally refers to members of the hereditary aristocracy, such as Tony Benn, rather than to the merely well-connected and well-heeled), is an accurate description of the wealthy, metropolitan, privately-educated career politician that Corbyn empirically is.

The fight to defend Corbyn’s position as Labour leader may be carried out in this man’s name as a presumable member of the working class, but that doesn’t mean he has a dog in it.

7 The beating heart of Corbynism

During the Cold War era, the Communist Parties of North Korea, China, the Soviet Bloc, and elsewhere gained what legitimacy they had as rulers of their respective territories from their claim to represent the workers — but as everyone but the Stalinists now admits, they only ever represented their own interests as the elite of a now-discredited political system.

Corbynism makes the same false claim, but its ambitions are smaller: rather than aiming to govern a state, it aims only to govern a political party. And while it can’t win an election in which the general public participates, it can probably still count on winning multiple internal leadership elections, because the only people who can vote in those are the kinds of people willing to join a party led by Jeremy Corbyn. I have made no pretence of trying to persuade such people in this essay; if a three-line whip in favour of the Tory Brexit bill and the loss of a safe Labour seat to a Tory candidate are insufficient to dislodge St Jeremy from the special place that he holds in their hearts, then nothing I can say will make a difference.

There are enough socialism fans in the UK to vote Corbyn into the Labour Leader’s office, but not enough to vote him into 10 Downing St, and they’re rotten useless at persuading anybody else that voting for Labour candidates might be a good idea, so this — to be perfectly frank — is where we’re stuck (at least until 8 June).

Corbynism is a paranoid and inward-looking politics, obsessively focused on the relationships between and within the groups that make up the self-identified Left. It has little interest in — and still less to offer — the outside world. While Corbyn alienates most members of the public, enamoured socialism fans regurgitate a stock of commonplace platitudes to anyone who will listen, reassuring themselves that the leader of "their" party is a politician wonderfully unlike all others, and that they are right to support him, and that anything that others might suppose to have gone wrong must have been somebody else’s fault (if indeed it was wrong at all). That’s what they’ve been doing ever since he got onto the leadership ballot, and it’s what they’ll still be doing on 9 June, no matter how many talented and hard-working Labour MPs are reconciling themselves to the end of their political careers.

Because that’s just how socialism fans like it. If it wasn’t, they’d shut up and go home.

Daniel Allington teaches and researches in the School of Media, Communication, and Sociology at the University of Leicester.

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