We’re all complicit in the humour of humiliation

You can’t condemn the Australian DJs who prank called the Duchess of Cambridge’s hospital if you laughed at the results.

Hoaxes, whether you like them or hate them, have existed and will continue to exist as long as there are people around to create them, fall prey to them, and derive amusement from them.

The point of a hoax is to find humour in causing an unsuspecting target to respond to something false while believing it to be true.  It's the humour of humiliation, writ large.

When the target is pompous or high-ranking it's called punching up or “satire”. When the target is of equal or lower status, it's called punching down and at the very least this should make us uncomfortable.

Listening to the genuine disbelief and palpable regret of the two Australian DJs at the centre of the recent Royal phone hoax as they try to comprehend the tragic consequences - the death of Jacintha Saldanha - it's very difficult not to feel some sympathy for them.

We feel sympathy too attempting to imagine the torment of Jacintha's family, who will now have to continue without her. No one directly involved in this will ever be able to completely move on from it. Nor would we expect them to.

The truth is that we can observe or, as I'm doing here, give our opinions, but we can’t begin to know. However, we can and should reflect, because we must take responsibility for our share in the thirst for the comedy of cruelty that has seemingly led to the death of a much-loved wife and mother.

If comedy is a hierarchy, prank calls and all hoaxes lie pretty near the bottom. Its premise is laughing at people for behaving in a way more often stemming from kindness and tolerance than anything else. Mocking people for attempting patience amid confusion seems odd as a premise, but if the butt of the joke is arrogant or pompous then it can be deemed satire. If all humour is subjective then this applies to hoax calls particularly - if you've ever been the person being laughed at you may perceive its value somewhat differently.

It's about power. The person making the call and the one in receipt of the call are at the opposite ends of a very different spectrum. One is in full possession of the facts and the other simply going about their daily life.

We the audience are complicit in the deceit and I think it's probably time for us to ask ourselves a very serious question. Where does this threshold for humiliation take us?

You may not like this type of humour, but vilifying the perpetrators is only one part of a complex jigsaw of responsibility. I think the danger lies in laughing at someone for something that they cannot help. Whether on the grounds of ethnicity or race, sexual orientation or disability or for simply being in the wrong place at the wrong time, we need to examine ourselves as an audience because without us there would be no mileage in the humour of humiliation.

The fact that it's humiliating someone else does not give it any justification, simply popularity. We laugh and then we blame and then we move on. Fortunately we can. My heart goes out to those who reap the whirlwind of all unforeseen consequences. We all should take our portion of the blame, but we won't.  The devastating consequences mean that we will all step away and in many cases point and threaten those who were doing our bidding.

Then like any bullying gang we simply point and run away.

Details of the Jacintha Saldanha Memorial Fund can be found here.

Australian DJs Mel Greig and Michael Christian.
Getty
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After Article 50 is triggered, what happens next?

Theresa May says Article 50 will be triggered on 29 March. The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Parliament event in London. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On Wednesday 29 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.