What would YOU ask David Cameron in Public Prime Minister’s Questions?

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Andrew Marr, association, austerity, BBC, bedroom tax, benefit, benefit cap, Coalition, companies, company, Conservative, David Cameron, dead, death, die, economy, Ed Miliband, employment, energy, firm, food banks, fracking, freedom, Freedom of Information, government, health, hedge fund, human right, Investment Partnership, Justice, kill, Labour, Mike Sivier, mikesivier, mislead, misled, National Health Service, NHS, people, pmq, politics, price, Prime Minister's Questions, privatisation, privatise, public, quality, Royal Mail, sick, social security, speech, Tories, Tory, trade union, Transatlantic Trade, transparent, TTIP, unemployment, Vox Political, Wednesday Shouty Time, welfare reform, work

Mile-wide: Mr Miliband explained his idea to bridge the gulf between the public and the Prime Minister to Andrew Marr.

Ed Miliband engaged in a particularly compelling piece of kite-flying today (July 27) – he put out the idea that the public should have their own version of Prime Minister’s Questions.

Speaking to Andrew Marr, he said such an event would “bridge the ‘mile-wide’ gulf between what people want and what they get from Prime Minister’s Questions”, which has been vilified in recent years for uncivilised displays of tribal hostility between political parties and their leaders (David Cameron being the worst offender) and nicknamed ‘Wednesday Shouty Time’.

“I think what we need is a public question time where regularly the prime minister submits himself or herself to questioning from members of the public in the Palace of Westminster on Wednesdays,” said Mr Miliband.

“At the moment there are a few inches of glass that separates the public in the gallery from the House of Commons but there is a gulf a mile wide between the kind of politics people want and what Prime Minister’s Questions offers.”

What would you ask David Cameron?

Would you demand a straight answer to the question that has dogged the Department for Work and Pensions for almost three years, now – “How many people are your ‘welfare reform’ policies responsible for killing?”

Would you ask him why his government, which came into office claiming it would be the most “transparent” administration ever, has progressively denied more and more important information to the public?

Would you ask him whether he thinks it is right for a Prime Minister to knowingly attempt to mislead the public, as he himself has done repeatedly over the privatisation of the National Health Service, the benefit cap, the bedroom tax, food banks, fracking…? The list is as long as you want to make it.

What about his policies on austerity? Would you ask him why his government of millionaires insists on inflicting deprivation on the poor when the only economic policy that has worked involved investment in the system, rather than taking money away?

His government’s part-privatisation of the Royal Mail was a total cack-handed disaster that has cost the nation £1 billion and put our mail in the hands of hedge funds. Would you ask him why he is so doggedly determined to stick to privatisation policies that push up prices and diminish quality of service. Isn’t it time some of these private companies were re-nationalised – the energy firms being prime examples?

Would you want to know why his government has passed so many laws to restrict our freedoms – of speech, of association, of access to justice – and why it intends to pass more, ending the government’s acknowledgement that we have internationally-agreed human rights and restricting us to a ‘Bill of Rights’ dictated by his government, and tying us to restrictive lowest-common-denominator employment conditions laid down according to the Transatlantic Trade and Investment Partnership, a grubby little deal that the EU and USA were trying to sign in secret until the whistle was blown on it?

Would you ask him something else?

Or do you think this is a bad idea?

What do you think?

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Conservatives set to launch ‘incoherent’ attack on human rights

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Attorney General, Conservative, Council of Europe, cut, Data Retention and Investigatory Powers Act, David Cameron, death, Department, disabled, Dominic Grieve, DWP, european convention, European Court, human rights, incoherent, legal aid, Mandatory Work Activity, Pensions, privacy, secret court, sick, slavery, snoopers charter, surveillance, Tories, Tory, trial, Winston Churchill, work, Workfare

Sacked: Dominic Grieve’s reservations about Legal Aid cuts put him at adds with the Coalition government; it seems his concern over a planned attack on human rights led to his sacking.

Now we know why former Attorney General Dominic Grieve got the sack – he is said to have opposed a forthcoming Conservative attack on the European Court of Human Rights, which he described as “incoherent”.

Coming in the wake of his much-voiced distaste for Chris Grayling’s cuts to Legal Aid, it seems this was the last straw for David Cameron, the Conservative Prime Minister who seems determined to destroy anything useful his party ever did.

The European Court of Human Rights was one such thing; Winston Churchill helped set it up after World War II and its founding principles were devised with a large amount of input from the British government. It is not part of the European Union, but is instead connected to the Council of Europe – an organisation with 47 member states.

It seems the Conservatives want to limit the European Court’s power over the UK, because they want Parliament to decide what constitutes a breach of human rights.

The opportunities for corruption are huge.

Considering the Conservative-led Coalition’s record, such corruption seems the only reason for the action currently being contemplated.

The plan could lead to the UK being expelled from the Council of Europe, and the BBC has reported that Mr Grieve had warned his colleagues that the idea was a plan for “a legal car crash with a built-in time delay”, an “incoherent” policy to remain a signatory to the European Convention of Human Rights but to refuse to recognise the rulings of the court which enforces it.

This blog has already discussed the Tories’ plan to take away your human rights but it is worth reiterating in the context of the latest revelation.

The United Kingdom helped to draft the European Convention on Human Rights, just after World War II. Under it, nation states’ primary duty is to “refrain from unlawful killing”, to “investigate suspicious deaths” and to “prevent foreseeable loss of life”.

The Department for Work and Pensions has been allowing the deaths of disabled people since 2010. Withdrawing from the European Convention and scrapping the Human Rights Act would mean this government would be able to sidestep any legal action to bring those responsible to justice.

Article 4 of the Convention prohibits slavery, servitude and forced labour – in other words, the government’s Mandatory Work Activity or Workfare schemes. The government has already faced legal action under this article, and has been defeated. It seems clear that the Tories want to avoid further embarrassment and inflict the maximum suffering on those who, through no fault of their own, do not have a job.

Article 6 provides a detailed right to a fair trial – which has been lost in the UK already, with laws allowing “secret courts” to hear evidence against defendants – which the defendants themselves are not permitted to know and at which they are not allowed to be present. The Legal Aid cuts which Mr Grieve opposed were also contrary to this right.

Article 8 provides a right to respect for one’s “private and family life, his home and his correspondence” – and of course the UK’s violation of this right has been renewed only this week, with the Data Retention Act that was passed undemocratically within a single day.

And so on. These are not the only infringements.

Clearly the Tories want to sideline the European Court so they never have to answer for their crimes against the British people.

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Data retention debate: The lies they tell to steal your rights

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Coalition, communication, Conservative, consultation, correspondence, criminal, Data Retention and Investigatory Powers Bill, European Court of Justice, freedom, government, intercept, internet, Mike Sivier, mikesivier, people, police, politics, privacy, private, restrict, security, service, snoopers charter, telephone, terrorist, Theresa May, Tories, Tory, Vox Political

Haggard: Theresa May looked distinctly ruffled as she responded to criticism of her government’s undemocratic actions. Some of you may wish to abbreviate the first word in this caption to three letters.

It is ironically appropriate that an Act of Parliament guaranteeing government the right to invade the private communications of every single citizen in the UK, ostensibly in the interests of justice, should be justified by a web of dishonesty.

This is what an indecisive British electorate gets: A government that can lose every major debate in the chamber – and look shambolic while doing so – and still win the vote because all its members have been whipped into place.

We all knew the government’s case for providing itself with a legal ability to snoop on your telephone and Internet communications was paper-thin, and by failing to produce any new justification, the government confirmed our suspicions.

Introducing the Data Retention and Investigatory Bill earlier today, Minister for Security and Immigration James Brokenshire said the three-month delay since the European Court of Justice judgement that allegedly necessitated the legislation was because the Coalition had “sought clarity” on it.

He went on to say that “There is a risk in relation to co-operation on the use of the powers; indeed, there may be legal challenge. The House must face up to the prospect that the powers we use—they are constantly used by our law enforcement agencies—are at potential risk, and we are seeking to address that risk.”

Michael Meacher suggested a more persuasive reason for the three-month delay: “Panic or a deliberate attempt to blackmail the House into undiscriminating compliance.”

He said the argument that foreign phone and Internet firms were about to refuse UK warrants, demanding the contents of individual communications, was another red herring: “It has been reported that communications service providers have said that they did not know of any companies that had warned the UK Government that they would start deleting data in the light of legal uncertainty. Indeed, the Home Office, according to the Financial Times, instructed companies to disregard the ECJ ruling and to carry on harvesting data while it put together a new legal framework.”

So Brokenshire was lying to the House about the potential effect of inaction. That will be no surprise to anyone familiar with the workings of the Coalition government. At risk of boring you, dear reader, you will recall that the Health and Social Care Act was based on a tissue of lies; now your privacy has been compromised – perhaps irrevocably – on the basis of a lie.

MPs could not limit the extension of the government’s powers until the autumn, Brokenshire said, because a review of the power to intercept communications had been commissioned and would not be ready by then.

According to Labour’s David Hanson, the main Opposition party supported the Bill because “investigations into online child sex abuse, major investigations into terrorism and into organised crime, the prevention of young people from travelling to Syria and many issues relating to attempted terrorist activity have depended on and will continue to depend on the type of access that we need through the Bill”.

Mr Hanson’s colleague David Winnick disagreed. “I consider this to be an outright abuse of Parliamentary procedure… Even if one is in favour of what the Home Secretary intends to do, to do it in this manner—to pass all the stages in one day—surely makes a farce of our responsibilities as Members of Parliament.”

He pointed out – rightly – that there has been no pre-legislative scrutiny by the select committees – a matter that could have been carried out while the government sought the clarification it said delayed the Bill. “This is the sort of issue that the Home Affairs Committee and other Select Committees that consider human rights should look at in detail,” said Mr Winnick. “None of that has been done.”

The Bill did not even have the support of all Conservative MPs. David Davis – a very senior backbencher – said: “Parliament has three roles: to scrutinise legislation, to prevent unintended consequences and to defend the freedom and liberty of our constituents. The motion undermines all three and we should oppose it.”

Labour’s Tom Watson, who broke the news last Thursday that the Coalition intended to rush through this invasive Bill, was more scathing still: “Parliament has been insulted by the cavalier way in which a secret deal has been used to ensure that elected representatives are curtailed in their ability to consider, scrutinise, debate and amend the Bill. It is democratic banditry, resonant of a rogue state. The people who put this shady deal together should be ashamed.”

Plaid Cymru’s Elfyn Llwyd said Parliament was being “ridden over roughshod”.

Labour’s Diane Abbott made two important points. Firstly, she called the Bill an insult to the intelligence of the House. “We have had a Session with a light legislative programme, and for Ministers to come to the House and say, ‘We’ve only got a day to debate it’, when weeks have passed when we could have given it ample time is, I repeat, an insult to the intelligence of MPs.”

Then she turned on her own front bench: “I believe… that those on the Opposition Front Bench have been ‘rolled’ [one must presume she meant this in the sense of being drunken, sleeping or otherwise helpless people who were robbed]. All Ministers had to do was to raise in front of them the spectre of being an irresponsible Opposition, and that children will die if they do not vote for the Bill on this timetable, and they succumbed.”

Despite this opposition – not just to the way the Bill had been tabled, but to its timetable and its content – MPs voted it through, after a derisory nine hours of debate, by a majority of 416.

So much for democracy.

So much for MPs being elected to protect their constituents.

When Hansard publishes details of the vote, I’ll put them up here so that you can see which way your own MP voted and use that information to inform your actions during the general election next May.

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Butler-Sloss quits child abuse inquiry – under pressure from SOCIAL media?

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Attorney General, Baroness, blind eye, Butler-Sloss, child abuse, conflict of interest, David Cameron, delay, due diligence, Elizabeth, establishment, government, historical, inquiry, investigation, Jimmy Savile, Lady, Lord Tebbit, Margaret Thatcher, Mike Sivier, mikesivier, Nelson's Eye, people, politics, sex, Sir Michael Havers, social media, Theresa May, Vox Political

Resigned: Baroness Butler-Sloss.

Would anybody argue with the suggestion that the social media – including blogs like Vox Political – played the largest part in the removal of Baroness Butler-Sloss from the government’s inquiry into historical child sex abuse investigations?

Until yesterday, Lady Butler-Sloss was adamant that there was no reason she could not head up the inquiry, even though her past associations with people she might have to investigate included her own brother, the late Sir Michael Havers, who was attorney general in the 1980s.

It was the social media that found this information and revealed it to the general public – who then complained bitterly to the government.

Do we believe Lady Butler-Sloss where she tells us she “did not sufficiently consider” whether her family links would throw the inquiry into question? It seems extremely out-of-character for a former judge, who would never – for example – have allowed a trial jury to include a relative of the defendant, to claim that she could be impartial about matters involving her own family. It was a clear conflict of interest.

One point that has been glossed-over is the fact that this woman is nearly 81 years of age and from the same privileged background as many of the people she would be asked to investigate. Did she even have the necessary sensibilities – or even the ability to open her mind to current thinking – required to head up an investigation such as this?

Of course, Lady Butler-Sloss was appointed by the Home Secretary, Theresa May. She has been accused of failure to carry out “due diligence” – the necessary checks to discover if a candidate can be relied upon to be impartial – but has defiantly claimed that her choice was good.

“I do not regret the decision I made. I continue to believe that Elizabeth Butler-Sloss would have done an excellent job as chair of this inquiry,” she told the Home Affairs select committee. Really? Excellent by whose standards?

We know from Lord Tebbit that there was a ‘hush-hush’ culture in the Thatcher government of the 1980s. He said people thought the establishment “had to be protected”.

Then-Prime Minister Margaret Thatcher – who herself spent a great deal of time with serial child abuser Jimmy Savile – is now seen to have turned ‘Nelson’s Eye’ towards such accusations – the same eye with which he was able to make the claim, “I see no ships”. The eyes of history are likely to take a dim view of such blindness.

And of course the attitude she held is likely to pervade government even now, 30 years later. Perhaps Theresa May wanted this inquiry – which she had resisted for a long time – to be headed by a person who could be trusted not to rock the boat. Perhaps she had been told to select such a person.

Now we must wait for an announcement on a new chairperson. This also plays into the hands of those with skeletons (or worse) in their closets as it creates a delay.

Not only that, but we must all remain vigilant against the possibility that May will appoint another dud. The BBC’s report makes it clear that the requirement for a candidate to have a legal background and the security clearance necessary to be able to read confidential papers means it is hard to find anyone who is suitably qualified and is not part of the establishment.

We still do not know where this will lead and who will be implicated. People like Theresa May and David Cameron will want to protect members of their own Old Guard from retrospective vilification (if Lord Tebbit’s words are to be trusted), and it seems likely they will do everything in their considerable power to fob us off.

It is our responsibility to make sure they don’t.

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Announcement: New publication will detail government attacks on citizens’ freedoms

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attack, bad, book, cack-handed, Coalition, Conservative, Data Retention and Investigatory Bill, David Cameron, Democrat, disenfranchise, election, example, Free, freedom, government, halfwit, Jeremy Clarkson, law, legislation, Lib Dem, Liberal, Mike Sivier, mikesivier, nominate, nomination, people, policy, politics, poor, protest, publication, Renault Captur, repress, Richard Hammond, speech, Surveillance Bill, Top Gear, Tories, Tory, undemocratic, Vox Political

The Renault Captur: It seems that David Cameron’s Internet filters would identify this as pornography. It is possible that this would make Renault executives proud.

Synchronicity? Coincidence? Isn’t it strange when you become aware of several instances of the same phenomenon at once.

Today, having written about the Data Retention and Investigatory Bill, Yr Obdt Srvt sat down to watch, of all things, an old episode of the BBC’s Top Gear from July last year in which, amazingly, Jeremy Clarkson criticised his Chipping Norton neighbour (and part-time Prime Minister) David Cameron for wanting to end our freedom to look at pornography on the Internet.

Some of you may approve of Cameron’s stand; that’s not the matter at hand. Clarkson’s point was that the way Cameron proposed to regulate Internet porn was so cack-handed, he was going to make himself – and his government – look even more of a gang of halfwits than they do already.

Cueing up an image of the Renault Captur (above), Clarkson told audiences they wouldn’t be able to see it, once Cameron’s filters are put in place.

“In what way is that pornography?” inquired Richard Hammond (he’s the short one).

“Well, it’s orange.”

“What?”

Clarkson gladly elaborated: “Well, the thing is – and this is a true story: A friend of mine has a website, okay? It has an orange backdrop. Now, in various offices and workplaces that have this porn filter on the Internet, orange is picked up as a skin tone, which of course it is in Cheshire.

“So it will just see that it’s a naked lady with a sort of a vajazzle in the shape of a Renault badge and it won’t let anyone see it.”

This is just one example of the idiocy inherent in Cameron’s attempts at repression, which also include legislation to stifle free speech and expression, permitting Boris Johnson to buy water cannon to prevent free protest (another pointless move, for reasons I may explain in the future), an attempt to stymie electoral freedom by cutting down the number of people permitted to vote in elections, and now the Surveillance Bill.

In recognition of this campaign of disenfranchisement against the free people of the UK, Vox Political proposes to publish a book of all-new material – that’s right, all new – entitled How the Coalition government tried to curtail your freedom – and how David Cameron c***ed it up!

Catchy title, don’t you think? The idea is for the words to take up most of the cover, so it won’t require artwork (you may have noticed art covers aren’t VP‘s strong suit).

We are now accepting nominations of repressive legislation or policies that should be mentioned in the new publication. Please post yours in the ‘comment’ column.

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See if YOUR objection is mentioned in the Surveillance Bill debate!

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civil society, Coalition, communication, Conservative, consultation, correspondence, criminal, Data Retention and Investigatory Powers Bill, European Court of Justice, freedom, government, intercept, internet, Mike Sivier, mikesivier, people, police, politics, privacy, private, restrict, security, service, snoopers charter, telephone, terrorist, Theresa May, Tories, Tory, Vox Political

It seems Parliament’s discussion of the Data Retention and Investigatory Bill, also known as the Surveillance Bill, will now take place tomorrow (Tuesday) rather than today (Monday).

This works better for Yr Obdt Srvt, who has carer-related business today and would not have been able to watch the debate.

Hopefully, many Vox Political readers – if not all – have emailed or tweeted MPs, calling on them to speak and vote against the Bill which, while only reinstating powers the government has already been using, is a totally unacceptable infringement of our freedom that is being imposed in a totally unacceptable timeframe.

As has been discussed here previously, the Bill enshrines in law Theresa May’s ‘Snooper’s Charter’, requiring telecommunications companies to keep a complete record of all your telephone and Internet communications for examination by politicians.

The information to be kept includes the location of people you call, the date and time of the call, and the telephone number called.

It seems the Bill is intended to be a response to a European ruling in April, making the valid point that the government’s current behaviour is an invasion of citizens’ privacy. Clearly, therefore, the Coalition government is determined to continue invading your privacy.

The judgement of the European Court of Justice is being overridden and the Conservative-led Coalition is making no attempt to find a reasonable compromise between the need for security and the right of privacy.

The fact that David Cameron has waited more than three months before putting this on the Parliamentary timetable, during a time when MPs have had very little to discuss, indicates that he wanted to offer no opportunity for civil society to be consulted on the proposed law or consider it in any way.

Cameron wanted to restrict our freedom to question this restriction of our freedoms.

Another reason given for the haste is that foreign-based Internet and phone companies were about to stop handing over the content of communications requested by British warrants – but service providers have confirmed that this was a lie. No companies had indicated they would delete data or reject a UK interception warrant.

Ignoring the fact that this does nothing to support your privacy, at least it does completely undermine Mr Cameron’s case for rushing through the legislation.

He is offering concessions – but they are not convincing and nobody should be fooled into thinking that they make this Bill acceptable. However:

A possibility of restrictions on retention notices is not clarified in the text of the Bill, and is therefore meaningless; and

The ‘sunset clause’ for the Bill’s provisions does not come into effect for two and a half years, by which time (we can assume) the government is hoping everybody will have forgotten about it and it can be renewed with a minimum of fuss. This is how your freedoms are taken away – behind your back.

If you have not yet contacted your MP, you are advised to do so.

If you lose your right to privacy – especially to this government – you won’t get it back.

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The security services are already snooping on us – why aren’t we out in the streets about it?

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child abuse, civil society, Coalition, communication, Conservative, consultation, correspondence, criminal, Customs, Data Retention and Investigatory Powers Bill, Department, DWP, employee, European Court of Justice, file, freedom, government, hmrc, intercept, Mike Sivier, mikesivier, Official Secrets Act, Pensions, people, police, politics, privacy, private, restrict, Revenue, security, service, snoopers charter, telephone, terrorist, Theresa May, threaten, Tories, Tory, Vox Political, work, Zombie Parliament

A Snooper: This woman has been allowing police and security services to monitor your phone and Internet communications – illegally. Now her government wants to rush through a law to make it legal, without proper scrutiny.

No matter what Nick Clegg might say, the Coalition government will be reintroducing – and rushing into effect – Theresa May’s long-cherished Snooper’s Charter on Monday.

This is her plan to ride roughshod over your right to privacy by requiring telecommunications companies to keep a complete record of all of your telephone and Internet communications. While the Data Retention and Investigatory Powers Bill does not include the content of the calls or messages, it does include the location of the people called, the date and time of the call and the telephone number called.

Theresa May’s Snooper’s Charter would have called on telecoms firms to record the time, duration, originator and recipient of every communication and the location of the device from which it was made.

Anybody who cannot see the similarities between these two would have to be blind and stupid.

Apparently the move has been necessitated by a European Court of Justice ruling in April saying current laws invaded individual privacy.

This means that the government has been doing, already, what it proposes to enshrine in law now.

But hang on a moment – this court ruling was made in April. In April? And they’re just getting round to dealing with it now?

Perhaps they were busy. But no! This is the Zombie Parliament, that has been criticised for muddling along with nothing to do, so it can’t be that.

It seems far more likely that this Bill has been timed to be pushed through without any consideration by, or consultation with, civil society - in order to restrict our ability to question what is nothing less than an attack on our freedom.

Cameron is desperate to justify his government monitoring everything you do: “The ability to access information about communications and intercept the communications of dangerous individuals is essential to fight the threat from criminals and terrorists targeting the UK.”

It isn’t about fighting any threat from criminals or terrorists, though, is it? It’s about threatening you.

Has anybody here forgotten the disabled lady who received a midnight visit from the police, at her home, in relation to comments she had posted on Facebook about the Department for Work and Pensions’ cuts?

She told Pride’s Purge: “They told me they had come to investigate criminal activity that I was involved in on Facebook… They said complaints had been made about posts I’d made on Facebook.”

Facebook is an internet communication, not a telephone communication – so you know that the security services have already been overstepping their mark. This was in 2012.

There’s always the good old postal service, embodied in the recently-privatised Royal Mail – which has been examining your correspondence for decades. You will, of course, have heard that all your correspondence with HM Revenue and Customs about taxes, and all your correspondence with the DWP about benefits, is opened and read by employees of a private company before it gets anywhere near a government employee who may (or may not) have signed the Official Secrets Act. No? Apparently some secrets are better-kept then others.

If you want proof about the monitoring of letters, I’ll repeat my story about a young man who was enjoying a play-by-mail game with other like-minded people. A war game, as it happens. They all had codenames, and made their moves by writing letters and putting them in the post (this was, clearly, before the internet).

One day, this young fellow arrived home from work (or wherever) to find his street cordoned off and a ring of armed police around it.

“What’s going on?” he asked a burly uniformed man who was armed to the teeth.

“Oh you can’t come through,” he was told. “We’ve identified a terrorist group in one of these houses and we have to get them out.”

“But I live on this street,” said our hero, innocently. “Which house is it?”

The constable told him.

“But that’s my house!” he said.

And suddenly all the guns were pointing at him.

They had reacted to a message he had sent, innocently, as part of the game. They’d had no reason to open the letter, but had done it anyway and, despite the fact that it was perfectly clear that it was part of a game, over-reacted.

What was the message?

“Ajax to Achilles: Bomb Liverpool!”

Neither of these two incidents should have taken place but many more are inevitable if this legislation goes the distance and allows the government to legitimise its current – illegal – actions.

One last point: It should be remembered that this is a government composed mainly of a political party with one member, still active, who managed to lose (or should that be ‘lose’) no less than 114 files on child abuse – files that could have put hugely dangerous people behind bars 30 years ago. Instead, with the files lost, it seems these individuals were permitted to continue perpetrating these heinous crimes.

Now, this government is launching an inquiry into historic child abuse by high-profile people, headed by a woman who is herself tainted by association with some of the accused, and by some of the attitudes she has expressed.

It is a government that should put its own House in order before it asks us to give up our privacy and let it look inside ours.

Or, as Frankie Boyle tweeted:

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High Court throws out Duncan Smith’s “flawed and tawdry” retrospective workfare law

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allowance, appeal, benefit, Cait Reilly, compensation, Court of Appeal, criminal, Department, Disability Living Allowance, dismiss, DLA, DWP, employment, ESA, european convention, government, High Court, human rights, Iain Duncan Smith, IB, illegal, Incapacity, Jobseeker's Allowance, Jobseekers (Back to Work Schemes) Act 2013, judicial review, loophole, Mandatory Work Activity, national interest, Pensions, Personal Independence Payment, PIP, Poundland, retroactive, retrospective, sanction, support, Supreme Court, trial, Vox Political, work, Work Programme, Workfare

Criminal: Iain Duncan Smith has made the UK government into a criminal regime, illegally victimising its most vulnerable citizens.

Iain Duncan Smith took an metaphorical slap in the face from the High Court today when Mrs Justice Lang said his retroactive law to refuse docked payments to jobseekers was not legal.

The Jobseekers (Back to Work Schemes) Act 2013 was rushed onto the statute books after the DWP discovered the rules under which it had docked Jobseekers’ Allowance from 228,000 people, who had refused to take part in Workfare schemes, were illegal.

The ruling does not mean that everyone who was penalised for refusing to take part, or for leaving the scheme once they had started it and realised what it was, may claim back the JSA that had been withdrawn from them.

But anyone who appealed against a benefit sanction on the basis of the previous decision will be entitled to win their appeals and be repaid the withheld benefits – as Vox Political advised at the time. That payout could be as high as £130 million.

The judge said retrospective application of the 2013 law conflicted with the European Convention on Human Rights and “interfered with the right to a fair trial” of all those affected.

(This is, of course, one reason why the government wants to repeal the Human Rights Act – your human rights obstruct ministers’ ability to abuse you.)

This is the latest twist in a legal challenge brought by Cait Reilly, a graduate who fell foul of the scheme, in 2012. She demanded a judicial review on the grounds that being forced to give up voluntary work in a museum (she wanted to be a museum curator) to stack shelves in Poundland breached her human rights.

Poundland no longer takes part in mandatory work activity schemes run by the UK government.

Her challenge succeeded when the Court of Appeal ruled that she had not been properly notified about the scheme. This meant that the government was guilty of criminal acts in removing benefit from Ms Reilly and hundreds of thousands of others.

In response, the Coalition passed an Act that retrospectively legalised its actions – but claimants argued that this was unfair and demanded their compensation.

In the meantime, Iain Duncan Smith’s own appeal was heard – and dismissed - by the Supreme Court.

And after the Act was passed, it became clear that the Coalition had known since 2011 that the policies it was enforcing do more harm than good and are not in the national interest.

Mrs Justice Lang said today (July 4) that “the absence of any consultation with representative organisations” as well as the lack of scrutiny by Parliamentary committees had led to “misconceptions about the legal justification for the retrospective legislation”.

The 2013 Act introduced a new “draconian provision, unique to this cohort of claimants” which was “not explained or justified” by the government in Parliament “at the time”.

Mrs Justice Lang rejected the Secretary of State’s assertion that flaws in the 2011 Regulations were simply “a technicality or a loophole”, that the 2013 Act sought to give effect to Parliament’s ‘original intention’ or that repayments to benefits claimants would be “an undeserved windfall”.

She also recognised that it would be “unjust to categorise the claimants in the Cait Reilly case as claimants “who have not engaged with attempts made by the state to return them to work”, as asserted by the Department for Work and Pensions.

“This case is another massive blow to this Government’s flawed and tawdry attempts to make poor people on benefits work for companies, who already make massive profits, for free,” said solicitor Phil Shiner of Public Interest Lawyers, who appeared for the unemployed.

“Last year the Supreme Court told Iain Duncan Smith and the Coalition government that the scheme was unlawful. In this case the High Court has now told the Government that the attempt to introduce retrospective legislation, after the DWP had lost in the Court of Appeal, is unlawful and a breach of the Human Rights Act and is a further disgraceful example of how far this Government is prepared to go to flout our constitution and the rule of law. [bolding mine]

“I call on the DWP to ensure that the £130 million of benefits unlawfully withheld from the poorest section of our society is now repaid.”

So there it is, in black and white. Iain Duncan Smith has made the Coalition government a criminal organisation, guilty of 228,000 human rights violations.

This is a serious matter; some of these people may have been put in serious financial hardship as a result of the Coalition’s actions. One hopes very much that nobody died but if they did, those fatalities should be added to the many thousands who have passed away as a result of Iain Duncan Smith’s homicidal regime for claimants of incapacity benefits.

Let us not forget, also, that we remain at the mercy of these tyrants. Iain Duncan Smith has announced he intends to waste yet more taxpayers’ money on another appeal. In the meantime, a DWP spokeswoman said the legislation remained “in force” and the government would not be compensating anyone pending the outcome of its appeal.

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Don’t be naive, Len – Cameron WANTS to lock privatisation into the NHS

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Unite’s secretary general Len McCluskey would be naive indeed to think David Cameron is ever likely to heed his call for the National Health Service to be kept out of the EU/US Transatlantic Trade and Investment Partnership.

McCluskey has warned that the NHS could be sued by American healthcare multinationals if a UK government tried to return services to state control; they would argue that such renationalisations interfered with their potential profits, in breach of the trade agreement, as has been discussed on this blog in the past.

His appeal misses the point. The entire thrust of Coalition government policy is to ensure that the NHS becomes vulnerable to just such pressure, in order to ‘lock in’ the privatisations inflicted on us by Andrew Lansley’s horrifying Health and Social Care Act 2012.

One has to look no further than Vince Cable for confirmation of this. The Whig business secretary (you can’t call him a Liberal Democrat any more, and as a commenter pointed out today, the government as a whole behaves more like the old-style Whig Party from the 19th century. If the cap fits…) told The Independent: “There is no suggestion whatever that the TTIP negotiations could be used to undermine the fundamental principles of the NHS or advancing privatisation.”

What he means by this is that – as far as he is concerned, advancing privatisation is a fundamental principle of the NHS since Andrew Lansley’s hateful Act of Parliament. Therefore the TTIP agreement can only contribute to that project.

He said: “Our focus for health is to enable our world-class pharaceutical and medical devices sectors to benefit from improved access to the US market.”

If we have world-class healthcare already, why do we need access to a market-driven system that can only drag us down into mediocrity? Clearly he is not talking about healthcare at all; he is talking about the health service as a source of profit. The “benefit” he describes can only be profit – income for shareholders in private companies that could not be accrued while they were excluded from NHS work.

Everybody involved in this betrayal should be imprisoned as a traitor, with Cable and Lansley first to be sent down.

Vigil to support judicial review for ESA claimants with mental health issues

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Vigil: This was taken when the case was appealed in October 2013.

Does anybody fancy helping create a stir outside the Royal Courts of Justice next week? Don’t worry, you shouldn’t get arrested.

The courts will be the venue for the judicial review of government policy regarding claimants of Employment and Support Allowance who have mental health issues, from July 7-9. That’s between Monday and Wednesday next week.

On Tuesday (July 8), the Mental Health Resistance Network, supported by Disabled People Against Cuts, will be holding a vigil at the front entrance of the Royal Courts of Justice building on The Strand, between midday and 2pm.

The aim is to highlight the important issues around the case.

This should help: Buses 4,11,15,23,26,76,172 and 341 all stop at the front of the Royal Courts of Justice, 171, 188, 243, 521 and X68 stop at Kingsway and Aldwych Junction nearby. The nearest underground station is Temple (District Line), Holborn (Central and Piccadilly Line) and Chancery Lane, (Central Line).

Anyone with stories of how you have been affected by the Work Capability Assessment is invited to come and share them – and support the fight for justice.

So how about it?

DPAC’s website has this to say about the judicial review: “Two people who claim benefits on mental health grounds initiated a judicial review of the Work Capability Assessment (WCA), supported by the Mental Health Resistance Network (MHRN). In May 2013, the judges presiding over the case ruled that the WCA places mental health claimants at a “substantial disadvantage” and that the DWP should make “reasonable adjustments” to alleviate this.

“Often mental health claimants struggle to provide further medical evidence to support their claim for Employment Support Allowance (ESA) and may not be able to accurately self report how their mental health conditions affect them, either when completing forms or at face to face assessments. Many claimants are wrongly found fit for work and subjected to the stress of appealing the decision.

“The claimants who brought the case, DM and MM, asked the court to rule that the DWP should be responsible for obtaining further medical evidence at every stage of the process to improve the chances of a more accurate decision being reached about whether a person is able to work or to start preparing for work and to avoid the need for a face to face assessment in cases where this would be especially distressing for the claimant. In addition, claimants who are at risk of suicide or self harm would be more likely to be identified. In such cases, regulations 29/35 would apply. These regulations are intended to reduce risk of harm but the DWP often fail to identify who they apply to.

“The Department for Work and Pensions appealed the judgement. Their appeal arguments were mainly concerned with legal technicalities but in December 2013 the judges issued a ruling that upheld the original judgement in May. The DWP did not launch a second appeal.

“Under the Equalities Act of 2010, the Secretary of State for Work and Pensions is required to make ‘reasonable adjustments’ to mitigate any disadvantages experienced by disabled people. The forthcoming hearing will be concerned with establishing what adjustments the DWP should make to the WCA process. We already know from the original hearing that they plan to run a pilot study to assess the “reasonableness” of obtaining further medical evidence. We want to ensure that any study will be fair, honest and approached with an open mind. Unfortunately we find it hard to trust that this will happen.

“In his witness statement of July 2013 Dr Gunnyeon, Chief Medical Advisor and Director for Health and Well-Being at the DWP wrote, ‘ESA was designed to be a different benefit from Incapacity Benefit (IB), being a functional assessment rather than a diagnostic one. The face-to-face assessment is a key part of this process as the only truly independent part of the process. Moving away from this would, I believe, be a retrograde step which would seriously undermine the way in which the assessment process has been conceived and designed. It would represent a return to the position in Incapacity Benefit (IB), where claimants were “written off” on the basis of their diagnosis’.

“Most people would be amazed to learn that the DWP are fighting tooth and nail against having to consider a person’s actual problems when assessing them for benefits.”

For those who cannot attend the vigil, it is still possible show your support on Facebook and Twitter, using the hashtag #wcamentalhealth

Follow me on Twitter: @MidWalesMike

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