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Tag Archives: Act

Police state Britain: Pensioner mobbed by police and reporter threatened with arrest as a terrorist

25 Wednesday Jun 2014

Posted by Mike Sivier in Austerity, Crime, Democracy, Justice, People, Police, UK

≈ 18 Comments

Tags

Act, Alex Evans, arrest, British Transport Police, cut, disabled, elderly, film, George Arthur, ground, James Mitchinson, law, manhandle, Mike Sivier, mikesivier, mob, pensioner, people, protest, railway, Sheffield, Sheffield Star, station, terrorism, Tony Nuttall, train, travel provision, Vox Political


The gentleman being forced to the ground by no less than five British Transport police in the video above is a 65-year-old pensioner named Tony Nuttall, who had been attending a peaceful protest against cuts to travel passes when the incident took place.

At the same protest, against cuts to free travel provision for pensioners and disabled people, Sheffield Star reporter Alex Evans was warned to stop filming the events and erase all his footage – including potentially important video evidence of the violence, because he did not have permission to film in the station as it is private property.

When he resisted the request, he was told he could be arrested under anti-terrorism laws.

James Mitchinson, editor of the Star, told The Guardian: “To cite anti-terror laws is clearly nonsense.

“But this case illustrates just how difficult it can be to report the news, on the spot when, increasingly, authorities are seeking to ‘manage’ it.

“This wasn’t a PR stunt; it was an extraordinary event that couldn’t have been predicted and it was very much in the public interest that people were made aware of what was going on.

George Arthur, aged 64, and Tony Nuttall, 65, have been charged with failure to pay and obstructing police.

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Negative campaigning – the easiest way

04 Friday Apr 2014

Posted by Mike Sivier in Media, People, Politics, UK

≈ 66 Comments

Tags

Act, austerity, BBC, campaign, Conservative, domestic, free protest, free speech, gagging law, Labour, message, Mike Sivier, mikesivier, negative, paid holiday, positive, prosperity, Question Time, scrap, soundbite, Tories, Tory, Transparency of Lobbying, UKIP, videobite, Vox Political


Take a look at the video above. Is it effective?

I think it is. A short message with a sting in its tail, coupled with a soundtrack that supports what’s being said by adding emotional connotations (‘Britishness’, turning to a harsh wind).

It’s a soundbite in video form – a videobite, if you like. Memorable, shareable – and easily debatable, because the message is so clear.

Conservatives are very good at putting out negative soundbites for their opponents. It would be useful to give them a taste of how it feels, so please share the video wherever you like.

Here’s another example of negative campaigning, found on the social media, on the subject of UKIP:

140403UKIP

As effective?

Nobody seems to talk about UKIP’s domestic policies. This was mentioned, to great effect, on the BBC’s Question Time yesterday (Thursday).

The trouble with this one is it’s a ‘deep’ poster, meaning you have to scroll down to see the end of it – so the effect is less immediate.

The sad fact is that both of the above are more effective than so-called ‘positive’ campaigning, in which a political party or its representative promotes its policies as better for the country than anyone else’s.

Yesterday, the Labour Party announced it will repeal the so-called ‘Gagging Law’ – The Transparency of Lobbying (etc) Act – if elected into Parliament. At the time it was passed, Vox Political said this marked the end of free speech and free protest in the UK and the article had a huge audience of more than 100,000. So this announcement should have been greeted with joy, right? What response do you think it got?

It has been read just 128 times and of the three comments on the site, two are hugely negative – the first words being “I’ll believe it when I see it”.

It shows how far politicians have fallen in our trust.

That’s why negative campaigning is on the rise.

It seems those who want the public’s trust can only earn it by showing that the others don’t deserve it.

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My Bedroom Tax protest speech

30 Sunday Mar 2014

Posted by Mike Sivier in Bedroom Tax, Benefits, Cost of living, Health, Housing, People, Politics, Poverty, UK

≈ 15 Comments

Tags

Act, adapt, appeal, austerity, bedroom tax, benefit, broom cupboard, Caerphilly, corporate manslaughter, council, demonstration, Department, Department for Work and Pensions, disability, disabled, DWP, exempt, food, government, health, heat, home, housing, housing association, Iain Duncan Smith, Joe Halewood, landlord, loophole, Mike Sivier, mikesivier, Parliament, Pensions, people, play, politics, pre 1996, protest, room, sick, social, social security, spare room subsidy, speech, SPeye, State Underoccupation Charge, Stephanie Bottrill, study, SUC, tenant, Tommy Cooper, utility, voodoo doll, Vox Political, water, welfare, work


Standing in the shadow of a giant: Vox Political's Mike Sivier (front) at 'Cooper Corner', with Caerphilly Castle in the background.

Standing in the shadow of a giant: Vox Political’s Mike Sivier (front) at ‘Cooper Corner’, with Caerphilly Castle in the background.

Vox Political was relatively quiet yesterday; although I reblogged plenty of articles from other sources, there was no new piece from the site itself because I was in Caerphilly, delivering a speech at a Bedroom Tax protest there.

Caerphilly is the birthplace of the late, great comic Tommy Cooper, and it was in the shadow of his statue that the demonstration took place. I instantly (and privately) named the location ‘Cooper Corner’.

I took the opportunity to lighten proceedings at the start by suggesting that Mr Cooper (albeit in petrified effigy) would be providing the jokes. I held the microphone up towards the statue. “Anything? No? No. I didn’t think so.” Turning back to the crowd I added: “The Bedroom Tax is no laughing matter.” Then I got into the body of the speech:

“I write a small blog called Vox Political. I started it a couple of years ago as an attempt to put in writing what a reasonable, thinking person might have to say about government policies in these years of forced austerity, and politics in general.

“As you can probably imagine, this means I knew about the Bedroom Tax, several months before it was actually imposed on us all. I was writing articles warning people against it from October 2012. The trouble was, Vox Political is a small blog that even now has only a few thousand readers a day – and the mainstream media has been almost entirely bought by a political machine with far more funding than I have.

“It is a tax, by the way. You may have heard a lot of nonsense that it isn’t, but consider it this way: a tax is defined as a compulsory contribution to state revenue, levied by the government against a citizen’s person, property or activity, to support government policies.

“It is not a ‘spare-room subsidy’. If anyone in authority tries to tell you you’re having your ‘spare-room subsidy’ removed (or more likely, imposed, they’re so confused about this), just tell them to go and find the Act of Parliament that introduced the ‘spare room subsidy’, using those words. Tell them if they can find it, you’ll pay it – but if they can’t, they must not take any money away from you. They won’t be able to find it because it doesn’t exist.

“It is more accurately described as the ‘State Underoccupation Charge’ – SUC! And it really does suck.

“It sucks money that social housing tenants need for food, heat, water and other necessities out of their pockets and forces them to send it to their landlord instead – either the local council or a social landlord like a housing association. The reasoning behind it has always been that this would encourage people to move, but in fact we know that there is no social accommodation for them to move into. When the Bedroom Tax became law, there was only enough smaller housing to accommodate around 15 per cent of the affected households. It is clearly a trap, designed to make poor people poorer.

“This is why the first advice I put on my blog was for anyone affected by the Bedroom Tax to appeal against it – and I was criticised quite harshly for it, because some people decided such action would mark tenants out as troublemakers and create more problems for them. At the time, I thought it was right to give some of the aggravation back to the people who were foisting this additional burden onto lower-income families; make them work for it, if they want it so badly. As it turns out, I was right to do so, because there are so many loopholes in the legislation that it seems almost anybody could avoid paying!

“Do you think Stephanie Bottrill would have died if she had known that she could successfully appeal against her Bedroom Tax, on the grounds that she had been a social housing tenant since before January 1996 and was therefore exempt? The government spitefully closed that particular loophole earlier this month, but that lady is already dead, due to a lie. Had she been properly informed, she could have successfully fought it off and then taken advice on how to cope with it after the government amendment was brought in.

“There is a case for corporate manslaughter against the Department for Work and Pensions, right there. If tested in court, it seems likely that the way its activities have been managed and organised by senior management – the fact that it foisted the Bedroom Tax, wrongly, on this lady – will be found to have led to her death, in gross breach of its duty of care to those who claim state benefits (in this case, Housing Benefit).

“David Cameron has wasted a great deal of oxygen telling us all that disabled people are not affected by the tax. Perhaps he could explain why a disabled gentleman in my home town was forced to move out of his specially-adapted home, incurring not only the cost of moving but an extra £5,000 for removing the adaptations and installing them into new accommodation? He appealed against Bedroom Tax decision but the result came back after the date when he had to be out of his home. Can you guess what it was? That’s right – he won. I have been trying to get him to take legal action against the council and the government about this as it would be an important test case.

“There are other grounds for appealing against the Bedroom Tax. Just because your council wants to claim every room that could be a bedroom is a bedroom, that doesn’t make it so. A fellow blogger, Joe Halewood, has published a list of other room designations that you are allowed to have.

“It includes a study, a utility room, a play room, even an Iain Duncan Smith voodoo doll-making room, if that takes your fancy!

“I was particularly happy to hear that you can have a study as I’ve been writing my blog from the broom cupboard – oh! That’s another room you can have!

“Check the DWP’s online forms. They ask about bedrooms, and then they ask about other rooms. The distinction is clear.”

Then I closed the speech. In retrospect, I should have finished with a few words about the fact that this was the first bit of public speaking I had ever done. I could have given them something along these lines: “I am aware that speech-making is a lucrative sideline for many people, including comedians (although I’m not aware that Mr Cooper ever made any) and also politicians. Perhaps I should use this platform to suggest that, if you know anybody who is considering booking a speaker for a special occasion – society dinner, rugby club social, wedding or party, why not ask them to get in touch with me – instead of Iain Duncan Smith!”

Follow me on Twitter: @MidWalesMike

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Patsy Burstow and the next great NHS betrayal

12 Wednesday Mar 2014

Posted by Mike Sivier in Conservative Party, Health, Labour Party, Law, Liberal Democrats, Politics, Powys, Public services, UK

≈ 9 Comments

Tags

119, Act, administrator, amendment, andy burnham, betray, budget, clause, close, closure, collusion, company, Conservative, consultation, Democrat, finance, government, health, Health Secretary, hospital, Initiative, Interest, Lib Dem, Liberal, Mike Sivier, mikesivier, national, neuter, NHS, patsy, paul burstow, PFI, politics, Powys County Council, private, public, sell-out, service, shadow, social care, special, Tories, Tory, trust, TSA, Vox Political


140312paulburstow

Patsy n A person regarded as open to victimisation or manipulation; a person upon whom the blame for something falls.

Burstow n A patsy.

It seems a familiar story: The Tories plan legislation that is clearly no good at all – in this case, a legal clause to allow the closure of successful hospitals to prop up failing NHS trusts (Clause 119 of the Care Bill). The Liberal Democrats object and threaten to rebel. The Tories then offer concessions to make it seem less likely that this will happen and the Lib Dems withdraw their objections.

All seems well until the new rules are put to the test. Coalition MPs voiced disquiet at the powers being granted to allow a trust special administrator (TSA) to force through changes at a neighbouring hospital if they consider it necessary to save one that is failing. This power is considered likely to be used to save hospitals run under the Private Finance Initiative (PFI), which are therefore saddled with huge unnecessary interest bills on the money invested by private companies.

We are told there will be some form of public consultation. Great. Here in Mid Wales, Powys County Council consulted constituents on its plans to cut £20 million from its budget for 2014-15. After the answers came back, the council’s cabinet ignored every single word of the responses and pressed on with its plan. Changes were only brought in after the rest of the council made it clear that they weren’t putting up with those shenanigans.

So much for consultation.

The minute a hospital is closed to prop up the PFI place next door, the Tories will blame Patsy – sorry, Paul – Burstow. They’ll say he had a chance to do something about it but didn’t.

What makes it worse for him is that Labour weren’t going to put up with his shenanigans and forced a vote on his amendment – which would have completely neutered the offending clause. Burstow voted against it – that’s right, against his own amendment, helping the government to a narrow 47-vote victory.

So much for him.

One politician who does seem to have the good of our hospitals at heart is Shadow Health Secretary Andy Burnham. What did he have to say about all this, during the debate yesterday (March 11)?

“What we have seen … from the right hon. Member for Sutton and Cheam (Paul Burstow), who positioned himself as though he was going to make a stand for local involvement in the NHS, is the worst kind of collusion and sell-out of our national health service.

“Just as the Liberal Democrats voted for the Health and Social Care Act, again they have backed … the break-up of the NHS.”

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Hidden plan for ministers to axe laws that protect you – with a penstroke

02 Sunday Feb 2014

Posted by Mike Sivier in Conservative Party, Democracy, Law, Liberal Democrats, Media, People, Police, Politics, UK

≈ 34 Comments

Tags

Act, Another Angry Voice, bill, blog, Clark, computer, confiscate, confiscation, Conservative, correspond, democracy, Democrat, democratic, Deregulation Bill, dissent, freedom, gagging, Inforrm's blog, journalist, law, legislation, Lib Dem, Liberal, member, Mike Sivier, mikesivier, minister, MP, notebook, Parliament, people, police, politics, press, protect, protest, record, red tape, remove, repeal, reporter, reverse, revoke, silence, source, state, The Guardian, Thomas, Tories, Tory, totalitarian, vote, Vox Political, water cannons, whistleblower


Gone in a penstroke: If the Deregulation Bill becomes law, Acts of Parliament that protect your freedom could be removed from the statute book at a minister's whim.

Gone in a penstroke: If the Deregulation Bill becomes law, Acts of Parliament that protect your freedom could be removed from the statute book at a minister’s whim.

I have spent much of today putting old paperwork through the shredder in advance of tomorrow’s debate on the Deregulation Bill.

Why? Hidden among the plans to revoke ancient laws regulating pigsties is a clause that revokes the freedom of the press – in particular, the freedom of journalists to protect their sources.

The Conservatives and Liberal Democrats don’t want reporters to be able to protect political whistleblowers and the information they release from state harassment and confiscation.

Vox Political has long warned that the Coalition government was pushing us towards totalitarianism, and that is exactly what this apparently innocuous – but in fact deeply pernicious – piece of legislation proves.

We’ve had the gagging law, to silence organised dissent; we know that police chiefs want to use water cannons to stifle public protest; now we are faced with a cloak-and-dagger scheme to silence the press.

The removal of these privileges means the media will be unable to report anything that does not meet government approval – or face confiscation of equipment including computers, notebooks, recordings and correspondence that will lead to the identification of people who provide information that the government wants hushed up.

As a blogger who is also a qualified journalist, this directly affects me – and that is why I have been destroying paperwork. Tomorrow is only the Bill’s second reading – it must go through the committee stage, report stage and third reading before moving on to the House of Lords – but it is better to be well-prepared than to be caught napping.

Far more insidious than this, however, is the other part of this ‘red tape-cutting’ Bill that goes unmentioned. The really harmful part…

The part that says ministers should have the power to revoke any law they like, using statutory instruments (at the stroke of a pen) rather than taking the issue to a democratic vote in Parliament and, you know, actually telling anybody about it.

This means freedoms we have enjoyed for centuries-  or just a few years – could be removed with no prior notice, under the pretext of getting rid of ‘red tape’.

We would certainly be living in a police state if this were allowed to happen.

So here’s the big question: Do you think your MP even knows about this?

I only know because I read it on Another Angry Voice – from which site this article has swiped much of its information.

In his article, AAV creator Thomas G. Clark points out: “The Tories that devised this scheme… are clearly relying on the vast majority of Coalition MPs voting this through as the whips instruct them, without bothering to even read the documentation, understand the intricacies or even participate in the debate.

“If you chose to ignore the wealth of evidence and refuse to believe that David Cameron and the Tories would use these new powers to… stamp out dissent for their own sociopathic reasons, then at least consider the possibility that they are enabling the possibility of an unimaginably invasive totalitarian regime in the future. One where open justice is abolished, the population permanently monitored for signs of dissent, and dissenters are silenced in secretive Stalinist style legalistic proceedings.”

Obviously AAV and Vox Political will be right in the firing-line if this happens.

You need to contact your MP and ask what they’re going to do about this appalling assault on your freedom. Tell them about the clauses in the Deregulation Bill that have nothing to do with removing archaic regulations and everything to do with clamping down on your freedom and tell them in no uncertain terms that you won’t have it.

It’s a good bet that they won’t know what you’re talking about. Clause 47 relates to the press, as this Guardian report and this article from Inforrm’s blog make clear.

I believe Clause 51, and those following, relate to the repeal of laws by statutory instrument.

You can find contact details for your MP on TheyWorkForYou.com

If you get an email off to them quickly, there might even be a chance to nip this in the bud.

Vox Political aims to protect our freedom.
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Plebgate v NHS lies – why is one the lead on the news when the other was buried?

11 Saturday Jan 2014

Posted by Mike Sivier in Conservative Party, Corruption, Health, Liberal Democrats, Media, Police, Politics, UK

≈ 8 Comments

Tags

Act, Andrew Lansley, Andrew Mitchell, BBC, bill, CCG, cherry-pick, chief whip, clinical commissioning group, Coalition, Conservative, David Cameron, David Nicholson, Democrat, government, GP commissioning, Green Paper, health, Health and Social Care, insurance, Jonathan Tomlinson, Keith Wallis, KPMG, Lib Dem, libel, Liberal, lie, Mark Britnell, Michael Portillo, Mike Sivier, mikesivier, misconduct, National Health Service, news, NHS, no mercy, Oliver Letwin, outsource, patient choice, people, pleb, plebgate, politics, Toby Rowland, Tories, Tory, Vox Political, website, White Paper


Why does the BBC want us to pay more attention to a squabble between this overprivileged cyclist and a policeman than to the wholesale privatisation of the National Health Service, for which we have all paid with our taxes?

Why does the BBC want us to pay more attention to a squabble between this overprivileged cyclist and a policeman than to the wholesale privatisation of the National Health Service, for which we have all paid with our taxes?

In the mid-1990s I interviewed for a reporter’s job at the then-fledgeling BBC News website. I didn’t get it.

Considering the BBC’s current output and apparent lack of news sense, I am now very glad that I did not succeed. I would be ashamed to have that as a line on my CV.

Unfortunately, the BBC accounts for 70 per cent of news consumption on British television – and 40 per cent of online news read by the public. It has a stranglehold on most people’s perception of the news – and it is clearly biased.

Take today’s story about PC Keith Wallis, who has admitted misconduct in the ‘Plebgate’ affair by falsely claiming to have overheard the conversation between Andrew Mitchell and another police officer. He admitted the falsehood at a court hearing in the Old Bailey.

The case is important because he had been lying in order to support the allegation that Mr Mitchell had shouting a torrent of profanities at the other police officer, Toby Rowland, after being stopped from cycling through Downing Street’s main gates. PC Rowland had alleged that one of the words used had been the derogatory word “pleb”, and the resulting scandal had forced Mitchell to resign as Tory Chief Whip.

It casts doubt on the integrity of Metropolitan police officers – a further four are facing charges of gross misconduct.

However, the officer at the centre of the case – PC Rowlands – is not among them. He remains adamant that his version of events is correct and is suing Mitchell for libel over comments he made about the incident which the officer claims were defamatory.

This is the story the BBC decided to make the lead on all its news bulletins, all day. It contains no evidence contradicting PC Rowland’s allegations against Mitchell; the worst that can be said is that the admission of guilt casts a shadow over the entire Metropolitan police service – and in fairness, that is a serious matter.

But the fact is that people will use this to discredit PC Rowland and rehabilitate the reputation of an MP who was a leading member of the Coalition government until the incident took place – and that is wrong. It is an inaccurate interpretation of the information, but the BBC is supporting it by giving the story the prominence it has received.

In contrast, let’s look at the way it handled revelations about the Coalition government’s plans to change the National Health Service, back when the Health and Social Care Act was on its way through Parliament.

You will be aware that Andrew Lansley worked on the then-Bill for many years prior to the 2010 election, but was forbidden from mentioning this to anybody ahead of polling day (see Never Again? The story of the Health and Social Care Act 2012). Meanwhile all election material promised no more top-down reorganisations of the NHS. Former cabinet minister Michael Portillo, speaking about it on the BBC’s This Week, said: “[The Tories] didn’t believe they could win an election if they told you what they were going to do.” Considering the immensity of the changes – NHS boss David Nicholson said they were “visible from space” – this lie should have sparked a major BBC investigation. What did we get?

Nothing.

After Lansley released his unpopular White Paper on health, David Cameron tried to distance himself from the backlash by claiming “surprise” at how far they went. This was an early example of the comedy Prime Minister’s ability to lie (so many have issued from his lips since then that we should have a contest to choose the Nation’s favourite), as he helped write the Green Papers that preceded this document (see Never Again). If it was possible for the authors of Never Again to dig out this information, it should certainly have been possible for the BBC. What did we get?

Not a word.

In contrast to Cameron, Lansley, and any other Tory’s claims that there would be no privatisation of the NHS, KPMG head of health Mark Britnell (look him up – he’s an interesting character in his own right) said the service would be shown “no mercy” and would become a “state insurance provider, not a state deliverer”. This important revelation that the Tories had been lying received coverage in less popular outlets like The Guardian, Daily Mirror and Daily Mail but the BBC only mentioned it in passing – four days after the story broke – to explain a comment by Nick Clegg.

One of the key elements used to get members of the medical profession on-side with the Lansley Act was the claim that GPs would commission services. This was a lie. It was well-known when the plans were being drafted that general practitioners simply would not have time for such work and it was expected that they would outsource the work to private management companies – many of whom would also have a hand in service delivery. There is a clear conflict of interest in this. East London GP Jonathan Tomlinson told Channel 4 that the scale of private involvement would be so large as to include “absolutely everything that commissioning involves”. This was a clear betrayal of the promise to GPs. The BBC never mentioned it.

Another phrase trotted out by the Tories was that the changes would increase “patient choice” – by which we were all intended to believe patients would have more opportunity to choose the treatment they received and who provided it. This is a lie. The new Clinical Commissioning Groups created by the Act – and run, not by doctors, but by private healthcare companies on their own behalf – have a duty to put services out to tender unless they are sure that only one provider is able to offer a service. In reality, this means all services must be opened up to the private sector as no CCG could withstand a legal challenge from a snubbed private provider. But this makes a mockery of Andrew Lansley’s promise that CCGs could choose when and with whom to commission.

In turn, this means private firms will be able to ‘cherry-pick’ the easiest and cheapest services to provide, and regulations also mean they can choose to provide those services only for those patients they believe will cost the least money. Anyone with complicated, difficult, or long-term conditions will be thrown to the wolves. In other words, far from patients having increased choice, the Health and Social Care Act means private companies will be able to choose the patients they treat.

We are still waiting for the BBC to report this.

Add it all up and you will see that the largest news-gathering organisation in the UK – and possibly the world – sees more news value in a slanging match between an MP and a policeman than it does in the wholesale betrayal of every single citizen of the country.

Why do we allow this to continue?

The fight for the NHS would have been lost and forgotten long ago without blogs like Vox Political.
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Foiled! Lords veto Coalition bid to make being ‘annoying’ an arrestable offence

08 Wednesday Jan 2014

Posted by Mike Sivier in Conservative Party, Crime, Justice, Law, Liberal Democrats, People, Police, Politics, UK

≈ 18 Comments

Tags

Act, annoy, annoyance, Anti-Social, antisocial behaviour, arrest, ASBO, awful legislation, Behaviour, bill, cannabis, civil, Coalition, concession, Conservative, crime, criminalise, Democrat, freedom of speech, government, harassment, health, house, imprecise, injunction, IPNA, Lib Dem, Liberal, liberty, lobbying, Lord Blair, Lord Dear, Lord Faulks, Lord Justice Sedley, Lords, loud, Mike Sivier, mikesivier, music, nuisance, order, Parliament, Patrick Cormack, peer, people, police, policing, political, politics, Prevent, protest, setback, social care, Tories, Tory, transparency, upset, vague, Vox Political, window dressing


140108ipna

The Conservative-led Coalition government has suffered a major setback in its plan for an oppressive law to criminalise any behaviour that may be deemed a nuisance or annoyance.

The Antisocial Behaviour, Crime and Policing Bill was intended to allow police the power to arrest any group in a public place who constables believe may upset someone. It was rejected by 306 votes to 178, after peers on all sides of the House condemned the proposal as one that would eliminate carol-singing and street preaching, bell-ringing and – of course – political protests.

It seems the Lords are more interested than our would-be tyrants in the Conservative and Liberal Democrat Cabinet in the basic assumption of British law – that a person is innocent until proven guilty.

The politics.co.uk website, reporting the government’s defeat, said the new law would have introduced Injunctions to Prevent Nuisance and Annoyance (IPNAs) to replace Anti-Social Behaviour Orders (ASBOs).

It explained: “Whereas an Asbo can only be granted if a person or group is causing or threatening to cause ‘harassment, alarm or distress’ to someone else, an Ipna could be approved merely if a judge believes the behaviour in question is ‘capable of causing nuisance or annoyance to any person’.

“Opinion could have been swayed by a mistake from Lord Faulks, the Tory peer widely expected to shortly become a minister who was asked to give an example of the sort of behaviour which might be captured by the bill.

“He described a group of youths who repeatedly gathered at a specific location, smoking cannabis and playing loud music in a way representing ‘a day-by-day harassment of individuals’.

“That triggered consternation in the chamber as peers challenged him over the word ‘harassment’ – a higher bar than the ‘nuisance or annoyance’ threshold he was arguing in favour of.

“‘I find it difficult to accept a Conservative-led government is prepared to introduce this lower threshold in the bill,’ Tory backbencher Patrick Cormack said.

“‘We are sinking to a lower threshold and in the process many people may have their civil liberties taken away from them.'”

It is the judgement of the general public that this is precisely the intention.

Peers repeatedly quoted Lord Justice Sedley’s ruling in a 1997 high court case, when he declared: “Freedom to only speak inoffensively is not worth having.”

It is interesting to note that the government tried a well-used tactic – making a minor concession over the definition of ‘annoyance’ before the debate took place, in order to win the day. This has served the Coalition well in the past, particularly during the fight over the Health and Social Care Act, in which claims were made about GPs’ role in commissioning services, about the future role of the Health Secretary, and about the promotion of private health organisations over NHS providers.

But today the Lords were not fooled and dismissed the change in agreement with the claim of civil liberties group Liberty, which said – in words that may also be applied to the claims about the Health Act – that they were “a little bit of window dressing” and “nothing substantial has changed“.

A further concession, changing the proposal for an IPNA to be granted only if it is “just and convenient to do so” into one for it to be granted if it targets conduct which could be “reasonably expected to cause nuisance or annoyance” was torpedoed by Lord Dear, who rightly dismissed it as “vague and imprecise“.

That is a criticism that has also been levelled at that other instrument of repression, the Transparency of Lobbying Bill. Lord Blair, the former Metropolitan police commissioner, invited comparison between the two when he described the Antisocial Behaviour Bill in the same terms previously applied to the Lobbying Bill: “This is a piece of absolutely awful legislation.”

The defeat means the Bill will return to the House of Commons, where MPs will have to reconsider their approach to freedom of speech, under the scrutiny of a general public that is now much more aware of the threat to it than when the Bill was first passed by our allegedly democratic representatives.

With a general election only 16 months away, every MP must know that every decision they make could affect their chances in 2015.

We must judge them on their actions.

This victory would not have been possible without blogs like Vox Political.
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Government responds to the e-petition against corruption

13 Friday Dec 2013

Posted by Mike Sivier in Corruption, Politics, UK

≈ 24 Comments

Tags

accuracy, accurate, Act, Andrew Lansley, ban, bill, Care UK, code of conduct, corruption, criminal, donation, donor, e-petition, election, finance, financial, fracking, gain, government, Health and Social Care, Interest, Local Government Act 1972, member, Mike Sivier, mikesivier, money, MP, Parliament, Party, practicable, practical, register, speak, transparency, Transparency of Lobbying Bill, transparent, vote, Vox Political


hm_gov

What interesting timing.

The government has a duty to make some kind of response if an e-petition on its website passes 10,000 signatures. My own e-petition – ‘Ban MPs from voting on matters in which they have a financial interest’ – passed that point several weeks ago, but it is only now – right before Christmas, when people have many other matters on their minds – that it has been graced with a response.

And what a weak response it is!

The petition calls on the government to legislate against MPs speaking or voting in debates on matters which could lead to them, companies connected with them or donors to their political party gaining money.

The response runs as follows: “The participation of Members of Parliament in debates and votes are a matter for the rules of each House rather than for legislation.” How interesting. Every other level of government has legislation covering this – look at the Local Government Act 1972. What makes Parliament so special?

“The rules are based upon the principle of transparency: the registration and the declaration of any financial interests. In the House of Commons, the Code of Conduct requires Members to fulfil the requirements of the House relating to the registration of interests in the Register of Members’ Financial Interests and to be open in drawing attention to any financial interest in proceedings of the House. The application of these rules are explained in The Guide to the Rules relating to the Conduct of Members.” This raises the question: Why were these rules not applied so that, for example, Andrew Lansley could not speak on his own Health and Social Care Bill because he had received £21,000 of support from the private health company Care UK? Clearly he was in breach of the rules, and it is just as clear that no action was taken. This demonstrates the need for robust enforcement – with a criminal penalty for transgressors.

“Similar rules apply in the House of Lords. These make clear that it is for Peers themselves to declare a financial interest if a reasonable person might think that their actions could be influenced by a relevant interest.

“In both Houses the respective Registers of Interests are publically available and updated regularly.” How often are they checked for accuracy?

Now we come to the meat: “It would not be practicable to prevent Members speaking or voting in debates on legislation which could financially benefit any commercial operation in which they have a financial interest or which has made donations to themselves of their party. A significant number of legislative provisions in any year may have beneficial financial implications for all or most commercial operations. The requirement proposed would impose a duty on all Members to ascertain whether a general legislative provision might be of financial benefit to particular operations in which they had an interest. There are questions as to how such a complex requirement could be policed effectively and what sanctions would apply.”

This is bunkum. There is a huge difference between legislation that is designed to help all businesses and that which is designed to improve the profitability of a particular sector – such as the healthcare sector inhabited by Care UK, in the case of Mr Lansley that I have already mentioned.

Is a particular commercial sector, or an individual company, likely to benefit from legislation? If so, have any MPs taken money from that company, or one within that sector? Have such firms contributed to the funds of the party bringing that legislation forward? If the second condition is met, then that Member should not be allowed to speak; if the third condition is met, then this is corrupt legislation and should not be allowed before Parliament. It really is that simple. How many MPs or Peers have an interest in fracking?

In fact, considering their enormous salaries, why are MPs allowed to have any other financial interests at all?

“The rules of the House of Commons already prohibit paid advocacy, so Members cannot advocate measures which are for the exclusive benefit of a body from which they receive a financial benefit.” Then why was Lansley allowed to bring forward a bill that promised to benefit Care UK?

“In other cases, where legislation or debate affects a body from which a Member receives a financial benefit, that interest must be properly registered and declared.” How often is that checked?

“In relation to political donations and election expenditure, the Government is committed to further improving transparency and accountability, so as to prevent a situation where opaque and unaccountable groups spend large sums of money attempting to influence the political system. Measures to achieve this objective are included in the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill which is currently before the Parliament.” This is a Bill that has been pilloried as an example of the poorest legislation ever put before a British legislative body – it is not a good example to use in defence of a corrupt system.

That is the government’s point of view – for all that it is worth. I think we owe it to the people of the UK to respond – so let us lay this open to anybody who has an opinion.

Do you know of an instance in which the rules – as laid out in the government response published here – have been broken? Please get in touch and tell us what you know – making sure you provide as much evidence as possible. This site is not in the business of libelling honest politicians – we only like to expose those who are crooked.

Please get in touch.

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Why arguments for ‘Consent of the Governed’ are dangerous in today’s United Kingdom

05 Thursday Dec 2013

Posted by Mike Sivier in Crime, Democracy, Law, People, Politics, UK, USA

≈ 5 Comments

Tags

Act, common, consent, Declaration, Facebook, governed, independence, jurisdiction, Justice, law, legislation, Mike Colbourne, Mike Sivier, mikesivier, Ministry, Parliament, Paul Young, prison, sovereignty, Squiggle Diggle, statute, UK, United Kingdom, United States, US, Vox Political


Rude awakening: Try committing a crime and then telling the police you do not consent to be governed by the law you broke. This is what you'll get.

Rude awakening: Try committing a crime and then telling the police you do not consent to be governed by the law you broke. This is what you’ll get.

“This is not a law, it’s an act, so is only giving the power of law with the consent of the governed.”

That’s what Paul Young wrote in response to the Vox Political article Sleepwalking further into police state Britain as law offers new powers of repression.

His words were echoed by another commenter described only as ‘Squiggle Diggle’, who said: “Legislation only has the power of Law when consent is given by the governed… You need to know the difference between Legislation and Law, if you do not, then you are consenting to all Legislation. If you know the difference, then you can remove your consent by not allowing the powers that be to have jurisdiction over you. I really recommend you read up on this, as so good as this article is, you really don’t seem to know what the difference between Law and Legislation is, which is one of the most empowering things you can ever realise.”

My reply was that legislation is the act of making law; law is a rule or guideline set up by government to control behaviour. Consent is not implied, other than that of the electorate in voting in a government that enacts and enforces these laws. I said there is absolutely no leeway in UK law for a citizen to remove his or her consent to be governed by the laws of the land.

That was where we left it – until today, when Mike Colbourne (his name as used on Facebook – commenting here, he just used a bunch of capital letters) raised the subject again. He said: “If a Statute Act is given the force of Law by the Consent of the governed and we don’t consent then it does not apply to you! When injustice becomes Law rebellion becomes duty!”

In a nutshell, all three have been saying that if you don’t want to accept that a law applies to you, the government can’t make it apply to you.

In the United Kingdom this is not only nonsense; it is dangerous nonsense. What if somebody hears it, believes it, acts on it and gets arrested? They could be in prison for a long time because someone else didn’t understand the difference between a political theory that informed the US Declaration of Independence – in an entirely separate country – and the laws of the United Kingdom.

Let’s make the law of the United Kingdom perfectly clear: There is no option which allows members of the public to choose which laws they wish to apply to them or to obey.

Those are not my words but an official response from the Ministry of Justice, to an inquiry about Consent of the Governed in 2010.

That response also states: “If you wish to ask whether all members of the public must obey the law, then that is certainly the case.”

There is no room for manoeuvre; the law is the law.

Mike’s comment suggested that he thinks statute law has less validity than, perhaps, common law. If so, he’s got it the wrong way around, as this response to a Freedom of Information request of 2009 clarifies: “Statutes can amend or replace common law in a particular area, but the common law cannot overrule or change statutes. A statute can only be overruled or amended by another, later piece of legislation. This reflects the legal and political doctrine of Parliamentary Sovereignty – the recognition and acceptance that Parliament is the supreme law-making authority.”

If anyone reading this thinks the situation detailed above is morally wrong or otherwise iniquitous, you need to look at ways of getting Parliament to change the law. Good luck with that. Simply saying that the law doesn’t apply to you without your consent isn’t worth the time you spend doing so.

Let that be the end of the matter.

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Closet Tory Liam Byrne is cosying up to the Coalition – and will cost Labour the next election

21 Wednesday Aug 2013

Posted by Mike Sivier in Benefits, Conservative Party, Disability, Labour Party, Politics, Poverty, UK, unemployment, Workfare

≈ 19 Comments

Tags

Act, appeal, Atos, austerity, benefit, benefits, bill, closet, Coalition, concession, Conservative, cut, Daily Telegraph, Democrat, Department, Department for Work and Pensions, disability, disabled, DWP, election, Employment and Support Allowance, ESA, government, human cost, Iain Duncan Smith, Independent, Jobseekers (Back to Work Schemes), Labour, Liam Byrne, Liberal, Mike Sivier, mikesivier, no money, note, Pensions, people, politics, reshuffle, reverse, review, secretary, shadow, shadow cabinet, sick, social security, spending, The Guardian, Tories, Tory, unemployment, Universal Credit, unum, Vox Political, welfare, work, work and pensions


Liam Byrne wants Labour to adopt Conservative policies but carry them out in a different way. Why would anyone vote for that?

Liam Byrne wants Labour to adopt Conservative policies but carry them out in a different way. Why would anyone vote for that?

Now what’s that creepy Liam Byrne up to?

First he warned the Coalition that plans for further, hugely damaging, cuts in social security spending will cost around £1.4 billion more than they save.

Then he offered to help Iain Duncan Smith, of all people, to save Universal Credit, of all things!

The Torygraph has claimed this is Labour’s “strongest backing yet” for Universal Credit.

Is Ed Miliband, as Labour’s leader, blind to the amount of damage this will do to his party?

It seems likely that Byrne is trying to improve his position ahead of a shadow cabinet reshuffle, but Miliband would have to be stupid to keep him on, after the shadow work and pensions secretary caused one disaster after another.

Look at the Guardian article. The lead paragraph declares: “The coalition’s benefit cuts have descended into “chaos” that will cost an extra £1.4 billion because of delays, extra claimants, waste and complaints, Labour claims.” [Italics mine]

What about the human cost, then? What about the huge damage that these Conservative-led policies will cause to hard-working people up and down the UK? We know that the benefit cap has already caused huge harm to working-class people, and the bedroom tax is doing the same – and these are only recent examples of stupid, cruel Tory policies (forget the Liberal Democrats – they’re only around to rubber-stamp the plans of a Tory government).

This is telling us that Labour actually agrees with the ideology behind these schemes; it is in the execution of them that the parties differ. Here’s proof of it in the Guardian article: “The focus of Byrne’s speech will not be challenging the substance of reforms brought in by Iain Duncan Smith… but criticism of his failure to deliver them properly.

That is a terrible, terrible mistake for Labour to make and, as leader, Ed Miliband should be putting a stop to it at once.

The Guardian says, “he will pledge to ‘bring social security spending under control’.” That’s what the Tories say! Labour should be promising to bring fairness back to social security. Labour should be promising the removal of Atos, Unum and any other profit-making concerns from the business of the Department for Work and Pensions and Labour should be pledging to bring in a new system that concentrates on the needs and abilities of each claimant, as determined by proper medical evidence and not some silly made-up tick-box computer questionnaire that was devised to make it easier to sell bogus insurance schemes.

Why is Byrne making such silly promises? Because, the Guardian says, Labour wants to “shake off Tory claims that it is too much on the side of benefit claimants over working people”. In other words, he and they are worried about what the Tories say, and not about the torture through which they are putting ordinary people like you and me. They won’t win any elections that way!

Attacking the Tories over the way they are doing things, rather than the things they are doing, has of course left Byrne wide open to any kind of attack the Tories wished to launch and, sure enough, an ‘aide’ to Iain ‘Returned To Unit’ Smith dismissed Byrne’s claims as “laughable”.

Quoted by the Guardian, she said this was “yet another disastrous speech, void of any ideas”. It’s a rare situation in which I am forced to agree with a Conservative!

“Same old Labour is in the wrong place on welfare,” she continued. “They want people on benefits to make more money than the average hard-working family earns.” Now that – of course – is utter nonsense, but it will stay in people’s minds because the claim that the speech has no new ideas to offer, coupled with one that it is a “last-ditch attempt… to keep his job in the shadow cabinet” rings true.

The Telegraph article says Byrne has called for cross-party talks to clear up the “‘mess’ of delays and IT problems that he says have hit the policy.” Again, no mention that the policy is wrong. In fact, the article later states, “The project… is a good idea but needs to be rescued from the ‘disaster’ that it has become under [Mr Returned To Unit], he will claim.” A good idea? Universal Credit?

It’s a shame that he has decided to support the principles of the Tory regressions (we can’t call them reforms, and changes isn’t strong enough), because he did come up with a decent comment, that is also a truism: “There is now a private joke in Whitehall – to err is human, but to really foul things up you need Iain Duncan Smith.” But of course Byrne ruined it by saying it was Smith’s fault his harmful reforms are in crisis, rather than pouncing on them as bad ideas in their own right.

The Guardian article says “Shadow cabinet members are under pressure from Labour grandees to start spelling out their policies more clearly.” If this is Byrne’s idea of a Labour policy he should be dumped – not only from the shadow cabinet, but from Parliament and the Party – with haste.

Byrne has always been a dangerous liability – remember the damage he caused with one silly note about there being no money left after the 2010 general election?

He persuaded hundreds of Labour MPs to abstain from voting against the Tories’ hasty plan to legalise their robbery of millions of pounds from thousands of Jobseekers – the Jobseekers (Back to Work Schemes) Act – in March, claiming that he had secured “concessions” that would make it worthwhile.

The first was a guarantee of appeal rights – a safeguard that had always been in place and that the Conservatives had not suggested they would drop.

The second was an independent review of the sanctions regime, with an urgent report and recommendations to Parliament. It is now nearly six months since that concession was made. Has anybody – anywhere – heard any more about this “urgent report”?

Byrne was hoodwinked into giving way on a policy that is hugely damaging to the financial security of millions of people and receiving nothing at all in return. That’s not even mentioning the damage caused to the Labour Party by this and other unnecessary concessions to the Conservatives.

Now this.

The only sane choice for Ed Miliband is to sack Byrne on the spot and announce a reversal of Labour policy that will halt any support for regressive Conservative austerity measures that harm not only hard-working people and jobseekers who want to get onto the employment ladder but also the economy in general.

But Miliband seems weak – or at least indecisive. It seems he needs encouragement.

His email address is ed.miliband.mp@parliament.uk and he is on Twitter as well: @Ed_Miliband

If you feel strongly about this, give him a piece of your mind.

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