The biggest threat to democracy since World War II – and they tried to keep it secret

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Corporate trade a-greed-ment: Notice that this image of the Transatlantic Trade and Investment Partnership has mighty corporations straddling the Atlantic while the ‘little’ people – the populations they are treading on – are nowhere to be seen. [Picture: FT]

The Transatlantic Trade and Investment Partnership is bitter pill for anyone to swallow, if they have spent any time defending Britain’s membership of the European Union.

The partnership between the EU and the United States would open America to the kind of free trade deals that have been going on in Europe ever since the original Economic Community was formed – but there is a problem.

It isn’t a problem for businesses; they are in line to get a deal better than anything ever experienced in the world of trade. Citizens and national governments, on the other hand – you, me, and the people who represent us – will be railroaded.

This is because the agreement includes a device called ‘investor-state dispute settlement’, which allows corporate entities to sue governments, overruling domestic courts and the will of Parliaments.

In other words, this could be the biggest threat to democracy since World War II.

In the UK, it could be used by shale mining companies to ensure that the government could not keep them out of protected areas, by banks fighting financial regulation, and by cigarette companies fighting the imposition of plain packaging for cigarettes. How do we know? Because these things are already happening elsewhere in the world.

If a product had been banned by a country’s regulators, the manufacturer will be able to sue them, forcing that state to pay compensation or let the product in – even if this undermines health and safety laws in that country.

It seems that domestic courts are deemed likely to be biased or lack independence, but nobody has explained why they think the secretive arbitration panels composed of corporate lawyers will be impartial. Common sense says they’ll rule for the profit, every time.

Now ask yourself a question: Have you ever heard about this?

Chances are that you haven’t – unless you have read articles by George Monbiot (one in The Guardian this week prompted this piece) or have insider knowledge.

The European Commission has done its utmost to keep the issue from becoming public knowledge. Negotiations on the trade and investment partnership have involved 119 behind-closed-doors meetings with corporations and their lobbyists (please note that last point, all you supporters of the government’s so-called Transparency of Lobbying Bill), and just eight with civil society groups. Now that concerned citizens have started to publicise the facts, the Commission has apparently worked out a way to calm us down with a “dedicated communications operation” to “manage stakeholders, social media and transparency” by claiming that the deal is about “delivering growth and jobs” and will not “undermine regulation and existing levels of protection in areas like health, safety and the environment” – meaning it will do precisely the opposite.

Your Coalition government appears to be all for it. Kenneth Clarke reckons it is “Scrooge-like” to inflate concerns about investor protection and ignore the potential economic gains – but if the US-Korea Free Trade Agreement is any yardstick, exports will drop and thousands of jobs will be lost.

Green MP Caroline Lucas has published an early day motion on the issue – signed by a total of seven fellow Parliamentarians so far.

Labour MEPs are doing their best to cut the ‘investor-state dispute settlement’ out of the agreement, but they are fighting a lonely battle against the massed forces of greed.

So now ask yourself a second question: Why is the European Commission lying to Britain when we are already halfway out of the door?

Britain is not happy with the European Union or its place within that organisation. People think too much of their national sovereignty – their country’s freedom to do what it wants – is being stripped away by faceless bureaucrats who do not have the best interests of the population at heart. Now the European Commission is trying to foist this upon us.

For Eurosceptics in Parliament – of all political hues – this is a gift. For those of us who accept that we are better off in Europe – as it is currently constituted and without the new trade agreement – it is a poisoned pill.

Are we being pushed into a position where we have to choose between two evils that could have been avoided, if only our leaders had had an ounce of political will and an inch of backbone?

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‘Papers, please!’ Harsher laws for immigrants could mean Nazi-style ID checks for British citizens

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Prove who you are: Theresa May and David Cameron check the credentials of two police officers, to ensure they aren’t illegal immigrants. No, not really – but don’t be surprised if police checkpoints start appearing everywhere with people in peaked caps demanding your papers, just like in Nazi Germany during the 1930s and 40s!

Theresa May has responded to criticism of her policies on immigrants by revealing her plans for the latest Immigration Bill – countering a threat that is perceived to be much worse than the reality.

Experts say this will require a system of identity checks for everyone, requiring British citizens or those with permanent residence to prove that their own presence in the UK is legal.

In a move that seems designed to appease the Daily Mail and its readers, she wants banks to check the immigration status of people applying to open accounts, and private landlords to make similar checks on their tenants.

You will notice that this means the government wants other people to carry out its responsibilities.

The Home Secretary also intends to “streamline” the appeals process in immigration cases. Under the current government, this word generally means “make less fair”, and this is borne out by a passage stating the measures aim to “deport foreign criminals first and hear their appeal later”. In such circumstances, how can we be sure they really are criminals?

There will also be a requirement for temporary migrants like overseas students to contribute towards NHS costs. This is not necessarily a bad thing – although it would be unfair if this money found its way to the private companies now infesting the NHS, rather than the public service itself.

But there will be no tightening of border controls, no “streamline” for bureaucratic deportation procedures, and no measures to tackle forced labour or lack of enforcement of the minimum wage.

Immigration Minister Mark Harper was quoted on the BBC website, saying: “The law must be on the side of people who respect it, not those who break it.” Fine words from the man who was unable to say whether flak-jacketed immigration officers had discriminated against people of ethnic minorities when they carried out their spot-checks at railway stations in August.

The BBC article also quotes Don Flynn of Migrants’ Rights Network, who reiterated that evidence contradicts the view that immigrants are attracted to the UK by benefits and free services; and Dr Richard Vautrey of the BMA, who said a system is already in place for hospitals to recover the cost of treating patients who are not eligible for NHS care – and introducing a system for GPs could be a “bureaucratic nightmare”.

The Guardian tells us the Immigration Law Practitioners’ Association (ILPA) has warned Theresa May her plan, for millions of private landlords to face “proportionate” fines of up to £3,000 if they fail to conduct checks on the immigration status of new tenants and other adults living in their properties, is unworkable.

“British citizens, European economic area nationals and third country nationals alike would be required to produce identity documents at many turns in a scheme that would be intrusive, bullying, ineffective and expensive and likely racist and unlawful to boot,” said the ILPA response.

And the Residential Landlords Association said landlords would need to know about a potential 404 types of European ID documents, in order to operate the scheme – saying some landlords would refuse to house migrants, for fear of falling foul of the new rules – and isn’t that the point of the exercise?

The Guardian quotes Habib Rahman, of the Joint Council for the Welfare of Immigrants, who predicted that “these measures will divide society, creating a two-tier Britain, a return to the days of ‘No dogs, no blacks, no Irish’ and of ill people with no access to healthcare walking the streets of Britain. This bill is a travesty and must be stopped,” he said.

BBC home affairs correspondent Dominic Casciani tells us the ultimate goal is increased public confidence in the system.

But if we are doing all the work ourselves, why should this add up to increased confidence in the government?