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Campaigners occupy grounds of Westminster Abbey to protest against closure of ILF

29 Sunday Jun 2014

Posted by Mike Sivier in Austerity, Benefits, Disability, Politics, UK

≈ 9 Comments

Tags

benefit, camp, campaign, close, closure, disability, disabled, Disabled People Against Cuts, DPAC, government, ILF, independent living fund, Mike Sivier, mikesivier, Occupy London, people, politics, protest, sick, social security, UK Uncut, Vox Political, welfare, Westminster Abbey


Users of the Independent Living Fund (ILF), along with members of Disabled People Against Cuts (DPAC), UK Uncut and Occupy London, have set up a protest camp in the grounds of Westminster Abbey.

Disabled activists chained themselves to the gates while the camp was being set up.

The ILF was originally set up in 1988 as a national resource to fund support for disabled people with high support needs, enabling them to live in the community rather than move into residential care. It allowed them to be active in society – in education and employment, as volunteers and trustees, as employers, and as carers for family and friends.

According to Independent Living Fightback, “Currently 17,500 disabled people with the highest levels of need receive essential support through the ILF enabling them to enjoy fulfilling lives and contribute to their communities. The closure of the fund will have a devastating impact on the lives of these individuals and their families. It also has a much wider significance that affects all of us because at the heart of this issue is the fundamental question of disabled people’s place in society: do we want a society that keeps its disabled citizens out of sight, prisoners in their own homes or locked away in institutions, surviving not living or do we want a society that enables disabled people to participate, contribute and enjoy the opportunities, choice and control that non disabled people take for granted?”

“In December 2010 the Government announced the closure of the ILF to new applicants, and in December 2012 following a consultation on the future of the Fund that disabled people claim was inaccessible and carried out in bad faith, it was announced that the Fund would be closed permanently from April 2015. The Government claimed that Local Authorities could meet the same outcomes as the ILF and proposed transfer for existing ILF recipients to their Local Authorities.

“A group of ILF users successfully challenged the decision to close the fund and The Court of Appeal ruled in November 2013 that the closure decision had breached the public sector equality duty because the Minister had not been given adequate information to be able to properly assess the practical effect of closure on the particular needs of ILF users and their ability to live independently.

“However, on 6th March 2014 the Minister for Disabled People announced his intention to press ahead with the closure of the Independent Living Fund on 30 June 2015. A fresh legal challenge by ILF recipients was issued last week on the same basis as the first that once again the Minister had not discharged the public sector equality duty because he did not have adequate information to be able to properly understand what the impact of closure would be on the people affected.

“Transition funding will not be ring fenced for social care once it is transferred to local authorities, and so even within 2015-2016 there will be no guarantee that this money will be spent on supporting disabled people to live independently rather than absorbed into the broader council budget.

“ILF recipients will only be eligible for continued social care support from their local authority if they meet… criteria. The new Government’s intention to set the new national eligibility threshold at ‘substantial’ means that many simply will not receive any replacement support from their local authority once the ILF closes.”

140629DPACwestminster2

UK Uncut activist ‘Lucy’ has blogged her reasons for joining the protest.

“For me this is personal,” she writes. “I grew up with narratives handed down to me by my family of visceral poverty. My granddad, one of 12, described siblings dying from treatable illnesses; of the ever-present shame and fear of the workhouse; of fear of not having enough to eat, or of being warm enough or of knowing where they would sleep. When he died in 2009 he had paid for his own funeral, the avoidance of what was for him a final shame – the paupers grave.

“In his lifetime those fears were replaced with rights – the right to housing, the right to support in old age, the right to support for those who were unwell, the right to support if there was no work, rights to equal access. However imperfect these were rights nonetheless.

140629DPACwestminster

“Today I take action because I believe that those rights have been eroded and because I do not accept the government’s claim that there is no money to fund vital public services.

“I act because I am angry that corporations like Boots are enabled by our government to avoid paying taxes, while disabled people are told that they do not have the right to make decisions about their own care.

“I act because I am furious that citizenship has become tied to wealth and not to fundamental rights. I am angry that we are told that the cuts are about creating choice in a market: because what kind of choice is being a prisoner at home or in residential care?”

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Tory Democrats on Europe: Confused and negative campaigning

20 Tuesday May 2014

Posted by Mike Sivier in Business, Conservative Party, Cost of living, Democracy, Economy, Employment, European Union, Labour Party, Liberal Democrats, Politics, Poverty, UK, UKIP

≈ 6 Comments

Tags

alliance, block graph, Brecon, broadband, campaign, Cardiff Bay, child poverty, Coalition, Conservative, Democrat, election, Enterprise, Europe, fund, Labour, Lib Dem, Liberal, medium, Mike Sivier, mikesivier, negative, Parliament, Plaid Cymru, quality of life, Radnorshire, Roger Williams, small, SME, Sunday Times rich list, Tories, Tory, tourism, toxic, UKIP, Vox Political, Westminster, work


Negative campaigning at its worst: It's what the Liberal - or is it Tory? - Democrats do best.

Negative campaigning at its worst: It’s what the Liberal – or is it Tory? – Democrats do best.

If you thought the Tory manifesto was a deceitful joke, or the row over UKIP’s policies was damaging, have you seen what the Liberal (?) Democrats have been sending around?

Here’s a letter sent to houses here in Brecon and Radnorshire. It starts with the famous Lib Dem block graph, which is a mainstay of all their election communications in places where they have won seats. Presumably they keep using it because it is effective but one has to doubt this example, as it does not feature a European election result, but that of the last UK general election in 2010.

They cannot use a block graph to show a favourable result in the last European election because they don’t have any Welsh MEPs, and the result in the last Welsh Assembly election (in 2011) showed support was already eroding away as a result of their toxic alliance with the Conservative Party in Westminster, along with some spectacularly effective campaigning by the local Labour Party.

The result is a misleading graphic that shows a massive Liberal Democrat majority, coupled with the slogan, “Only the Lib Dems can beat the Tories here”, where in fact we have two Labour MEPs, one Tory and one representing Plaid Cymru.

It hardly encourages confidence when a political letter – from one of the ruling parties in Westminster – begins with a filthy lie.

The text of the letter, by the constituency’s Liberal Democrat MP Roger Williams, asks where the reader wants to be working in five or 10 years, and suggests we will be looking for more pay, promotions and a better quality of life. He states that it is important to protect the economic recovery, but “all that hard work could be undone” if Britain pulls out of the EU “as UKIP and many Conservatives want to do”.

Thanks to the UK’s Coalition government, ordinary hard-working people are receiving far less pay than before the 2010 election, with a corresponding drop in quality of life. Child poverty, for example, is rising fast. The economic recovery has helped nobody but the very top earners (like those in the Sunday Times ‘rich list’, published last weekend) – and besides, the Tory Democrats are not the only party keen to protect Britain’s place in Europe. For that, your best bet is still Labour or (in Wales) Plaid Cymru.

The letter continues: “Across rural Wales the EU has invested £5.8 million into local businesses struggling to find funding to grow and create more jobs, this is on top of the £26 million invested in promoting tourism to Wales which is vital to our local economy.” Yes indeed – but that money was negotiated by either a Labour government in Westminster or a Labour government in Cardiff Bay. It has little to do with the Tory Democrats!

The letter ends with an exhortation to vote for the Yellow Party’s nonentity candidate, whose name is instantly forgettable.

Alongside this came a double-sided flier offering more of what the Tory Democrats do best – negative campaigning. “Don’t gamble with Welsh jobs…” it states, “Stop UKIP and the Tories from risking Wales jobs”. A box-out with a red background says, “Labour stay silent” – which is a blatant falsehood.

Flip the page and you’ve got the pro-Tory Democrat bit – but they can only say they have “helped deliver” funding for superfast broadband, funding for small-to-medium-sized enterprises, and cash to support tourism. And who did they help?

Labour!

It’s a sad little screed from an organisation in its twilight days.

The saddest part is that someone will believe it.

Follow me on Twitter: @MidWalesMike

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Lessons on positive campaigning from UKIP

18 Sunday May 2014

Posted by Mike Sivier in Politics, Race, UKIP

≈ 23 Comments

Tags

campaign, candidate, demo, demonstration, election, Europe, Facebook, Janice Atkinson, Maria Pizzey, MEP, Mike Sivier, mikesivier, people, placard, politics, press advisor, racism, racist, UKIP, Vox Political


140518janiceatkinson

The picture above was posted by Maria Pizzey on Facebook, along with text as follows:

“This is UKIP’s MEP candidate for the South East. She described herself as ‘Nigel’s number two’.

“She told us to f**k off because we stood peacefully holding placards accusing UKIP of racist policies.

“She offered no debate or arguments to defend her party and despite the chap in the picture asking us to pose for photos, this was her response when asked to return the favour.

“She made personal comments about my body size and when I told her I would quote her widely she said, ‘I don’t care where you f***ing post this, just f**k off!’

“Hilariously, I have just discovered she is UKIP’s press advisor. This is the most rude and aggressive individual I have had the misfortune to come across and she wants to represent this country in Europe. By the way her name is Janice Atkinson.”

The racism debate has been running for some time and many readers may wish to defend Ms Atkinson’s attitude towards people acting in as provocative a way as to display posters accusing her party of promoting such behaviour. In addition, it is impossible to provide empirical verification of the account; given the photographic evidence, there just seems to be little reason to accuse Ms Pizzey of falsehood.

Bearing in mind those caveats, we are told that Ms Atkinson did not even try to persuade the protesters that they were mistaken – she just went straight to the abuse.

UKIP is currently riding high in voting intention polls for the European Parliament election.

With this attitude, one has to ask why.

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UKIP and the Conservatives – more similarities than differences?

04 Sunday May 2014

Posted by Mike Sivier in Benefits, Conservative Party, Employment, Immigration, pensions, People, Politics, Race, Religion, Scotland referendum, UK, UKIP

≈ 15 Comments

Tags

all in this together, anti, BBC, benefit, campaign, Conservative, council, David Bishop, David Cameron, divide, divisive, election, Europe, gay, go home, Harry Perry, Islam, Mike Sivier, mikesivier, Nigel Farage, one nation, pension, people, politics, racism, scrounger, skiver, Theresa May, Tories, Tory, UKIP, Unite, Vox Political


No control: Nigel Farage in front of one of his party's anti-immigration posters. He says he doesn't hate foreigners; judge for yourself. [Image: BBC]

No control: Nigel Farage in front of one of his party’s anti-immigration posters. He says he doesn’t hate foreigners; judge for yourself. [Image: BBC]

Isn’t it interesting that the first of the large political organisations to descend into UKIP-style racism is the Conservative Party?

The BBC has reported that both have lost council candidates after they made anti-Islamic comments on the social media.

From UKIP, Harry Perry (candidate in the Offerton Ward, Stockport) was suspended after calling for Pakistan to be “nuked”, saying David Cameron was a “gay-loving nutcase”, Muslims were “devil’s kids” and homosexuality an “abomination before God”.

UKIP’s official line is that it has started disciplinary proceedings against this man and did not condone his “crackpot” views.

Nigel Farage has admitted his party contains “some idiots”, but added that the reporting of such problems within UKIP was “disproportionate”.

Then along came David Bishop (candidate in Brentwood South, Essex) to prove that the Tories have these problems too.

This man has resigned from the party after passing messages including one that said Islam was “the religion of… rape” and another that read “How CAN a gay guy keep a straight face?”

In a statement, he said, “I recognise that someone standing for public office should show leadership and seek to unite communities, not divide them.”

Isn’t dividing communities what both the Conservatives and UKIP are best at?

Self-preservation society: The Tory "all in it together" attitude, clarified here by Conservative poster-boy Michael Caine.

Self-preservation society: The Tory “all in it together” attitude, clarified here by Conservative poster-boy Michael Caine.

The Conservatives want you to believe that “We are all in this together”, but it seems clear that some of us are more “in this” than others – are we all “in this” with the “scroungers”, or “skivers” (the Tory label for people their policies have forced out of work and onto the state benefits for which they have paid all their lives)? Are we all “in this” with our fellow citizens who were unfortunate enough not to “sound British” (like those who were stop-checked during Theresa May’s ‘Go Home’ van campaign last summer)? They were encouraging people to accuse their neighbours; how divisive can they get?

What about the changes to pensions? Are the MPs who have “transitional” protection that will allow them to draw their extremely large, taxpayer-funded pensions at the same time as they always expected “in this” with those of us who are now having to work six years longer than we planned?

Of course not.

As for UKIP, try this comment from a UKIP supporter on the Vox Political Facebook page: “Britain is now full of multiregional people from other countries, by winning their vote he can sort out the rubbish later & give Britain back to the English!”

(English? I wonder how the Welsh, Northern Irish, and particularly the referendum-bound Scottish react to that.)

This person continued: “Not racist, just plain common sense!!!! The British want their Britain back.”

I asked then – and I ask now: “Does that include the Afro-Caribbean British, the Indian-British, the Pakistani-British, the southeast-Asian-British, the Polish-British (including both recent arrivals and those who stayed after World War II), British people whose racial origins are from any other part of the former British Empire or current Commonwealth – or just white Anglo-Saxon Britons like you and me, who are in fact descended from people of French and German origin?”

(Even this omits another foreign-descended group – those with Viking blood.)

I could never use my vote to support anyone who put forward such vile opinions; they are not “common sense” and the people spouting them are those who have no place here.

It doesn’t matter where our ancestors were born – we are all One Nation now.

Follow me on Twitter: @MidWalesMike

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Cameron’s comedy turn won’t make anybody happy

03 Saturday May 2014

Posted by Mike Sivier in Benefits, Business, Conservative Party, Cost of living, Democracy, Disability, Economy, Employment and Support Allowance, European Union, Health, Housing, People, Politics, Poverty, UK, UKIP, unemployment

≈ 7 Comments

Tags

benefit, benefits, building, campaign, Conservative, David Cameron, dead, deliver, depress, disability, economic, economy, election, employment rights, European, Farage, health, house, laughing stock, launch, local government, Mandatory Work Activity, marginalise, Mike Sivier, mikesivier, minimum wage, National Health Service, NHS, recession, recovery, referendum, reorganisation, revival, sickness, state, suicide, top-down, Tories, Tory, treaty, UKIP, unemployment, veto, Vox Political, wave, weak, welfare, Work Programme, Workfare


140117democracy

David Cameron should be very happy that UKIP is around to make him look acceptable.

We can’t ever say he’ll look good, but in contrast to the ‘Farage wave’, the spectacle of UKIP being thrown out of the venue where it was supposed to be launching its European election campaign, and the never-ending queue of candidates who are desperate to embarrass themselves publicly – what’s the latest one? “Women should be made to wear skirts because they’re a turn-on for men”? Ye gods… – it’s easy to think that the Conservatives are mild, or at least rational.

They’re not.

But Cameron was keen to project an image of competence at the Conservatives’ campaign launch for the local council elections. This is strange because, with his record of achievement, the things he was saying seem more like stand-up comedy than serious statements of ability.

Try this, about the European Union: “I have a track record of delivery – and believe me, whatever it takes, I will deliver this in-out referendum.” A track record of delivery? Well, yes. He delivered a top-down reorganisation of the NHS that nobody wanted, leading to an inrush of private health companies into the NHS – that nobody wanted. He has delivered the lowest amount of house-building, per year, since records began. He has delivered a withered economic ‘recovery’ that arrived three years later than if he had continued with the plan of the previous, Labour, government. He has delivered all the benefits of that ‘recovery’ to the extremely rich, rather than sharing it equally with the people responsible for it. And he has delivered a new high in employment, with no economic benefit to the country, that has left workers on wages that are so low they are going into debt.

He delivered the bedroom tax.

He delivered a massive increase in the National Debt.

He delivered millions of people into poverty and food bank dependence.

Ha ha ha. Very funny, Mr Cameron.

He told us, “People said I would never veto a European treaty. In 2011 that’s exactly what I did.” Well, yes. But the rest of Europe just went right ahead and carried on without you. You marginalised Britain as a member of the EU and made us a laughing-stock in the eyes of the world.

Ha ha ha. Very funny, Mr Cameron.

“We came through the great recession together; we are building the great British revival together,” he said. But he can’t say that to the many thousands of people who used to be claiming sickness and disability benefits but aren’t anymore because they are all dead. They didn’t come through the great recession. Cameron cut off their means of survival, forcing them into situations in which their health was allowed to worsen until their conditions overwhelmed them, or their situation induced such huge bouts of depression that they took their own lives.

Ha h- no. That’s not funny, Mr Cameron.

“The job is not done. If you want to finish the job we have started, back the party with a plan,” he said. Well, no. The Conservative plan (such as it is) will destroy your employment rights, scrap the welfare state, maintain a huge underclass of unemployed people to use as fodder for work-for-your-benefit schemes (a contradiction in terms if ever there was one) to circumvent the minimum wage, and to claim credit for successes that aren’t theirs.

There is only one reason to support the Conservative Party in this – or any other election.

That is if there is only one other political party on the ballot paper – and that party is UKIP.

Follow me on Twitter: @MidWalesMike

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Case proven? Government stays away from benefit deaths tribunal

24 Thursday Apr 2014

Posted by Mike Sivier in Benefits, Democracy, Disability, Employment and Support Allowance, Health, Justice, Law, People, Politics, Poverty, UK

≈ 73 Comments

Tags

abusive, aggressive, allowance, assessment, BBC, benefit, benefits, Blackadder, campaign, co-ordinated, Coalition, commenter, complaint, Conservative, dead, dead letter, death, Democrat, Department, die, disability, disabled, disrupt, distress, double standard, DWP, employment, ESA, figure, FOI, Freedom of Information, government, harassment, harm, health, ICO, ill, Incapacity Benefit, Information Commissioner, Jonathan Ross, language, Liberal, Mike Sivier, mikesivier, mortality, number, obsessive, Pensions, people, politics, protracted, Russell Brand, Samuel Miller, serious purpose, sick, social security, statistic, support, Tories, Tory, tribunal, vexatious, Vox Political, WCA, welfare, work, work capability assessment


Seen to be done: The tribunal took place at the Law Courts in Cardiff (pictured), in public - which allowed friends of Vox Political to hear the case.

Seen to be done: The tribunal took place at the Law Courts in Cardiff (pictured), in public – which allowed friends of Vox Political to hear the case.

The Information Commissioner’s Office and the Department for Work and Pensions have highlighted the weakness of their own case for hiding the number of people who have died while claiming sickness and disability benefits – by failing to turn up at a tribunal on the subject.

They had the opportunity to explain why mortality statistics for people claiming Employment and Support Allowance since November 2011 have been suppressed, at a tribunal in the Law Courts, Cardiff, yesterday (April 23).

But, rather than be grilled on the reasons for their decision by a judge, a specialist in this area of law, and a ‘lay’ person (representing the opinions of right-thinking members of the public), they chose to stay away.

The tribunal had been requested by Vox Political‘s Mike Sivier, after he made a Freedom of Information request for access to the information – and it was refused on the grounds that it was “vexatious”.

The Department for Work and Pensions said he had written an article about his request on the blog, containing the line, “I strongly urge you to do the same. There is strength in numbers.” According to the DWP, this line constituted a co-ordinated, obsessive and protracted campaign of harassment against the department.

One line in a blog article, added as an afterthought – an obsessive campaign designed to “disrupt” the workings of the DWP. It’s ludicrous.

The DWP claimed it had received 23 requests that were similar or identical to Mike’s, in the days following his own, and inferred from this that they were from other members of this fictional campaign. Mike has only been able to track down evidence of seven such requests and, of them, only one mentions him by name. Without a tangible connection to Mike or Vox Political, the case is not made out – and one connected request does not constitute a campaign.

In fact, Mike’s own request was made after he read that a previous request had been refused – that of disability researcher and campaigner Samuel Miller. Mr Miller had published this fact in the social media and expressed that he was “furious” about it, and this inspired Mike to write his own request. Who knows how many other people did the same in response to Mr Miller? Yet he has (rightly) not been accused of starting any conspiracy.

Mr Miller’s original request has now received a reply, after the Information Commissioner’s office ruled that it had been mishandled by the DWP. This reply contained the wrong information and Mike urged Mr Miller to point this out. Clearly Mr Miller’s claim is not being treated as vexatious, even though it has inspired others to follow his example – as Mike’s article shows that he did. The contrast in treatment betrays a clear double-standard at the DWP (and the Information Commissioner’s office, after appeals were made to it in both cases).

Perhaps it is because of this fatal flaw in their logic that neither the ICO nor the DWP saw fit to send representatives to the tribunal. This left the floor free for Mike to make his own case, with nobody to speak against him or cross-examine him. Tribunal members asked questions, but these were entirely helpful in nature – allowing Mike to clarify or expand on his argument.

So the claim that the number of similar requests, received soon after the blog article appeared, indicated a campaign against the DWP was refuted with the simple observation that the subject was of topical interest at the time, because of what had happened to Mr Miller. Mike said an appropriate comparison would be with complaints to the BBC over the now-infamous radio show involving Jonathan Ross and Russell Brand. The corporation received only a couple of complaints from people who listened to the show at the time, followed by thousands from people who heard about it later. Mike asked: “Were all those thousands of complaints vexatious in nature? Were they the result of organised campaigns against Messrs Ross and Brand? Or were they genuine expressions of horror at behaviour they considered to have gone beyond the pale? The BBC accepted the latter choice because logic mitigates in its favour.”

The claim that abusive or aggressive language exhibited by blog commenters indicated harassment that was likely to cause distress to members of the DWP was batted away with the argument that nobody from the department would have seen it if they had not gone looking for it (after reading the FOI request from a Vox Political reader who referenced the blog).

Mike said it would be “like a social landlord gatecrashing a residents’ association meeting, listening to the grievances of the tenants and then saying they are harassing him and he’s not going to service any of their requests for repairs. That is not reasonable”.

The DWP had claimed that actioning the 24 requests it insisted on connecting with Mike’s “could impose a burden in terms of time and resources, distracting the DWP from its main functions”, but Mike showed that this was not true, as an email to the ICO, dated October 21, 2013, makes clear: “We can confirm that the Department does hold, and could provide within the cost limit, some of the information requested.”

Nevertheless, the ICO had upheld the claim, saying on November 27, 2013: “For the DWP to respond to all of the requests, it is not simply a matter of sending an email to 24 people. There is a requirement to collate the information, consider exemptions under the Act which may apply, provide a formal response and then, if necessary refer the decision to an internal review…. The Commissioner considers that 24 requests on the same topic in a few days could represent… a disproportionate use of the FOIA.”

In his speech to the tribunal, Mike responded: “It is reminiscent of the line in the TV sitcom Blackadder The Third, when the title character, butler to the Prince Regent in Georgian times, demands a fortune in order to buy votes in a by-election for a ‘tupenny-ha’penny place’. Challenged on the amount, he responds: ‘There are many other factors to be considered: Stamp duty, window tax, swamp insurance, hen food, dog biscuits, cow ointment – the expenses are endless.’” He said the ICO’s claim “smacks of desperation”.

One aspect that worked in Mike’s favour from the start was the fact that both the DWP and the ICO have accepted that there is a serious purpose to his request – publication of figures showing how many people have died while claiming ESA. This is important because the assessment regime for this benefit has been heavily criticised as harmful to claimants and the government has claimed that it has made changes to decrease any such effect. The only way the public can judge whether this has worked, or whether more must be done to prevent unnecessary deaths, is by examining the mortality statistics, but these have been withheld. This is the matter at the heart of the request and the fact that the ICO and DWP acknowledge this is a major element in Mike’s favour.

Perhaps realising this, the ICO tried to claim that the intention was changed by the volume of requests submitted: “The purpose of the totality of the requests as a whole may have gone beyond the point of simply obtaining the information requested and may now be intended to disrupt the main functions of the DWP.”

It is not reasonable to suggest that the purpose of an action changes, just because other people carry out the same action within a similar time-frame. Mike put it this way: “Millions of people make a cup of tea in the advertising break after Coronation Street; would the Information Commissioner suggest that this was a campaign to overload the national grid?”

With nobody on hand to provide the ICO/DWP side of the case, the hearing ended at around midday, after Mike had been speaking for two hours. He was grateful to be supported by his McKenzie friend, Glynis Millward, who provided help and advice, and by a group of Vox Political readers who attended to hear the case.

Now the bad news: No decision was handed down on the day. The tribunal judge explained that the panel must now think about the issues raised and discuss their findings. He said they would aim to provide a full, written decision within 21 days.

It is interesting to note that Mr Miller has acted on Mike’s advice and has been advised that a revised response to his request should be with him soon.

If this response contains updated information under the same headings as the original ‘ad hoc’ statistical release provided by the DWP in July 2012 (and from which we derived the 73-deaths-per-week figure that shocked so many people at the time), then a decision by the tribunal to release the same information may seem redundant. In fact, it is possible that the DWP may provide the information to Mr Miller, simply to spite Mike.

But this would be yet another misunderstanding of what this case is about. Mike doesn’t care who gets the mortality statistics first; for him, it is not about who gets to say they were the one who forced the government into submission – this is about getting the information out to the public, so the people can decide whether ESA does more harm than good.

The tribunal’s decision will still be important as it will establish whether the DWP – and other government departments – will be able to manipulate the principles behind the Freedom of Information Act to avoid providing politically inconvenient information in the future.

In Mike’s opinion, a decision in the government’s favour would effectively turn the Act into a dead letter.

So – for now – the long wait continues.

But it is nearly over.

Follow me on Twitter: @MidWalesMike

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Freedom of Information tribunal on benefit deaths – April 23

22 Tuesday Apr 2014

Posted by Mike Sivier in Benefits, Disability, Employment and Support Allowance, Health, People, Politics, Poverty, UK

≈ 74 Comments

Tags

allowance, assessment, benefit, benefits, campaign, dead, death, Department, die, DWP, employment, ESA, fit for work, FOI, Freedom of Information, Group, harassment, IB, ICO, Incapacity Benefit, Information Commissioner, judge, Mike Sivier, mikesivier, mortality, Pensions, Reform, support, tribunal, vexatious, Vox Political, work, work-related activity, WRA


Vox Political may seem a little quiet over the next 30 hours or so. This is because the site’s owner, Mike Sivier (that’s me), will be travelling to Cardiff to take the Information Commissioner and the Department for Work and Pensions to a tribunal.

The aim is to secure the release of mortality figures – death statistics – covering people who were claiming Incapacity Benefit or Employment and Support Allowance during 2012.

Figures for later dates were not part of the Freedom of Information request that forms the basis of this action (submitted back in June 2013, nearly a year ago), so it is unlikely that these will be forthcoming. The hope is that the tribunal will judge in favour of the information being released, ensuring that further requests cannot be blocked by the DWP.

The government’s claim is that a single-sentence, off-the-cuff line at the end of a Vox Political article about the FoI request constitutes a co-ordinated, protracted and obsessive campaign of harassment against the DWP, and for that reason the request is vexatious.

It is utterly ridiculous. It brings the DWP and the Freedom of Information Act into disrepute. Yet it is enough to prevent this valuable information from being published.

It is important to have the data in the public domain, as a yardstick by which the government’s so-called ‘reforms’ to the benefit system may be judged. Between January and November 2011, 73 deaths were recorded every week, just among people in the work-related activity group of ESA and those going through the assessment process. The government does not monitor the progress of people it has marked ‘fit for work’ and thrown off-benefit altogether, and this group is four times as large as the WRAG, meaning the death toll could be anything up to five times larger than we understand at the moment.

The government has claimed that it has been implementing changes designed to make ESA serve its claimants better. An increased death rate will disprove that. Of course, a lowered death rate would support the government’s position but, if this were the case, it is logical to expect the government to have publicised it widely without any prompting.

This is why tomorrow’s tribunal is important.

People are dying every day and nothing will be done to stop it unless the severity of the situation is made clear.

Let’s all hope we get the result we need.

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Information tribunal on deaths of IB/ESA claimants – next week

18 Friday Apr 2014

Posted by Mike Sivier in Uncategorized

≈ 61 Comments

Tags

'ad hoc', allowance, campaign, Cardiff, claimant, death, Department, DWP, employment, ESA, figure, FOI, Freedom of Information, harassment, IB, IC, Incapacity Benefit, Information Commissioner, law courts, Mike Sivier, mikesivier, mortality, Pensions, release, statistic, support, tribunal, vexatious, Vox Political, work


I have just sent out a ‘diary marker’ to press organisations, notifying them of the Information Tribunal that will be held in Cardiff next week.

Inevitably, there will be organisations I have missed – and I also want as much of the social media as possible to be aware of this and to be spreading the word. For that reason, I’m publishing the text of the press release below.

If you have a Facebook page, blog site, Twitter account or whatever, please feel free to use what follows and make sure people know that this is going on.

Diary marker

Tribunal – Law Courts, Cathays Park, Cardiff, April 23, 2014 at 10am

Incapacity benefits – deaths of claimants

A tribunal will decide whether the Department for Work and Pensions should be ordered to release its statistics on the number of people who have died while claiming Incapacity Benefit or Employment and Support Allowance, at a hearing next week.

The First-Tier Tribunal (formerly the Information Tribunal) will be hearing an appeal by Vox Political blogger Mike Sivier, against a decision by the Information Commissioner and the DWP to refuse a Freedom of Information request on the subject.

The DWP published an ‘ad hoc statistical release’ in July 2012, showing that 10,600 claimants died between January and November 2011. Of these, 3,500 – or 73 people every week – were either going through the assessment process or had been put in the work-related activity group, intended for people who were expected to recover within a year, when they died.

The revelation provoked outcry from people suffering from disabilities and long-term illnesses, and seems to have discouraged the DWP from continuing to publish the figures.

Mr Sivier made his request in June 2013, after learning that the DWP had refused previous requests. The department at first claimed there was no intention to release any further statistics, and the information would take a great deal of time and effort to gather and collate – this is not true. In fact, the DWP later admitted that it does hold the information, and could provide it within the cost limit.

The next excuse was that the Secretary of State, Iain Duncan Smith, accepted that there was interest in the figures and was considering how to publish them. This was claimed in August 2013. Since no plan to publish these time-sensitive figures after nearly nine months, we must conclude that, like the previous claim, it is not true. The figures are time-sensitive because it is important that the system be improved to prevent unnecessary deaths. Delays in publication mean the figures are unlikely to be used in that way.

Seeing that the DWP had brushed aside privately-made requests, Mr Sivier ensured that his was public knowledge by writing an article about it in his blog (at https://mikesivier.wordpress.com/2013/06/25/dwp-refuses-to-provide-information-on-esaib-deaths-what-is-it-hiding/). As an afterthought, he included a line encouraging readers to follow his example, if they believed the issue was important, reasoning that the DWP may give more weight to it if it was known that there was general concern.

The DWP refused the request, claiming it was “vexatious” under section 14(1) of the Freedom of Information Act 2000. Officers had visited the blog and concluded that the last line, “I strongly urge you to do the same. There is strength in numbers,” constituted a co-ordinated campaign of harassment against the department.

Mr Sivier believes this is nonsense and appealed to the Information Commissioner on this basis. But the Commissioner was persuaded by the DWP and upheld the decision, forcing Mr Sivier to take the matter to the tribunal.

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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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Labour will scrap the Gagging Law

03 Thursday Apr 2014

Posted by Mike Sivier in Law, Politics, UK

≈ 13 Comments

Tags

campaign, Conservative, Democrat, free protest, free speech, gagging, Labour, law, Lib Dem, Liberal, Mike Sivier, mikesivier, right, Tories, Tory, Transparency of Lobbying, Vox Political


140403gag

I’m not saying someone in the Labour Party read Vox Political‘s massively popular article on the passing of the Transparency of Lobbying And Lots of Other Nonsense Act in Parliament, but the mention of free speech and the right to campaign (free protest) does indicate they’ve been paying attention to someone.

I’ve received the following from a commenter, Pat. It’s self-explanatory:

“This is the email i received this evening from Ed Miliband

“’Thank you for getting in touch with me about the gagging law. I’m sorry it’s taken me a while to get back to you.

“‘To hear from thousands of you was inspiring. It galvanised my belief that when people can stand up like you did and hold politicians to account our democracy is alive and well. And I have no intention of allowing the Tories and Lib Dems to silence you.

“‘So I want you to be the first to know: a Labour government will repeal David Cameron’s gagging law.

“‘I have been clear from the start that I oppose this gag on charities and campaigners, which was introduced with little consultation. If Labour wins the next election, we will remove it from the statute book.

“‘In its place we will legislate for real reform of lobbying, and we will consult with charities and campaigners on the reforms we need to both ensure transparency and protect freedom of speech.

“‘There is much wrong with this law — and that’s why we’re taking a stand against it. You had some specific questions for me in your original email. Here are specific answers.

“‘If we win the election next year, the Labour government I lead will:

  • Repeal the changes to non-party campaigning rules, which create such an illiberal gag on charities and campaigners (i.e. the Section 2 you mentioned in your email to me)
  • We will hold a full consultation with charities and campaigners to determine what reform we need in its place
  • We will ensure that any reform we bring in will both ensure transparency in elections and protect freedom of speech

“‘Thank you again for raising this issue with me. The health of our democracy depends on people’s right to campaign on the issues they care about. It must be protected.

I look forward to working with you to make sure the gagging law is repealed.’”

Any questions?

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