Cameron aide charged over child abuse images – at long last

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10 Downing Street, aide, Andy Coulson, Cabinet Secretary, child abuse, child pornography, contempt, court, cover-up, CPS, crime, Crown Prosecution Service, Daily Mail, danger, David Cameron, Department, DWP, fact, government, Harriet Harman, hide, Iain Duncan Smith, image, Jack Dromey, Jon Ashworth, Judge Wikeley, Level C, Margaret Thatcher, Mike Sivier, mikesivier, National Crime Agency, Nigella Lawson, Patricia Hewitt, Patrick Rock, Pensions, phone hacking, policy unit, politics, protege, secret, Sir Jeremy Heywood, trial, Universal Credit, Vox Political, work

A Rock in a hard place: Patrick Rock, formerly a senior civil servant and policy advisor, who now faces allegations that he possessed indecent images of child abuse.

Patrick Rock, a former aide of David Cameron and protege of Margaret Thatcher, has been charged with three counts of making an indecent photograph of a child, and with possession of 59 indecent images of children – more than four months after he was arrested on suspicion of child pornography offences.

Crown Prosecution Service lawyers assessed the images as Level C, meaning they showed sexual activity between adults and children.

This is the man who, as deputy head of 10 Downing Street’s policy unit, had been working on policies that are allegedly intended to make it harder to find images of child abuse on the Internet.

He was arrested on February 13, only hours after resigning his position with the government. Coincidence?

Nothing was mentioned in the press at the time, but days later the Daily Mail started stirring up historical allegations against Labour’s Harriet Harman, Jack Dromey and Patricia Hewitt. Coincidence?

It seems suspicions were raised in the Labour Party, because shadow minister Jon Ashworth asked, in the public interest:

• When were 10 Downing Street and David Cameron first made aware that Mr Rock may have been involved in an offence?
• How much time passed until Mr Rock was questioned about the matter and the police alerted?
• What contact have officials had with Mr Rock since his resignation?
• What was Mr Rock’s level of security clearance?

And, most importantly:

• Why were details of Mr Rock’s resignation not made public immediately?

Cabinet Secretary Sir Jeremy Heywood stonewalled: “Our … actions were driven by the overriding importance of not jeopardising either [the National Crime Agency’s] investigation or the possibility of a prosecution.”

He said: “We judged it was inappropriate to make an announcement while the NCA investigations were continuing.”

David Cameron has declined to comment on the latest development, saying it is a matter for the courts.

He’s changed his tune, hasn’t he?

When Andy Coulson was still facing charges in the phone hacking trial, Cameron couldn’t wait to get on television and make a statement, and never mind whether it was in contempt of court.

All in all, it seems we are facing yet another cover-up bid by this “most open government ever”.

Let us not forget that this happened in the same week that Iain Duncan Smith lost his legal appeal to keep problems with Universal Credit veiled in secrecy.

The DWP had insisted publication of the papers, warning of the dangers likely to be caused by Universal Credit, would have a “chilling effect” on the DWP’s working – a standard defence (see Andrew Lansley’s successful bid to prevent publication of the risk register, detailing problems with his calamitous Health and Social Care Act) that was thrown out by Judge Wikeley in a trice.

The DWP then argued that the order to publish was perverse – that the tribunal responsible had reached a decision which no reasonable tribunal would have reached. Judge Wikeley found that the challenge “does not get near clearing this high hurdle”.

Finally – and most desperately – the DWP tried to argue that the tribunal had not given due weight to the expertise of a DWP witness. Judge Wikeley had to point out that, by law, he cannot substitute his own view of the facts for that taken by the original tribunal.

The DWP was then sent away to consider whether to lodge another appeal.

That’s at least three attempts to hide facts from the public in a single week (it is arguable that Cameron spoke up about Coulson in order to cause a mistrial and prevent him from being convicted of two charges; he cannot say he was unaware of what he was doing, because he has already been rebuked by another judge, earlier this year, for commenting on the trial of Nigella Lawson’s former assistants. In addition, wasn’t it suspicious that Coulson’s defence team immediately leapt up to call for a mistrial ruling, based on the “maelstrom of commentary” Cameron stirred up?) from – as previously mentioned, this “most open government ever”.

There may be more that haven’t become public knowledge.

Does David Cameron really think the public will put their trust in him, with a record like that?

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‘Shoestring Army’ to battle government-imposed ‘slavery’ in the courts

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10, A Letter A Day To Number, allowance, benefit, benefits, challenge, claimant commitment, Coalition, coerce, coercion, compliance, comply, conditionality, Conservative, contract, court, crowdsource, Democrat, Department, DWP, employment, entitlement, fund, government, Human Rights Act, Iain Duncan Smith, jobseeker, JSA, Keith, legal, Liberal, Lindsay-Cameron, Lord Freud, Mike Sivier, mikesivier, Ordinary Guy, Pensions, people, police, politics, raise, responsibilities, sanction, Shoestring Army, slave, slavery, social security, Ten, Tories, Tory, unemployment, welfare, work

Energising: Keith Lindsay-Cameron prepares to take his case to the police.

An activist from Somerset is raising his own ‘Shoestring Army’ to crowdsource funds and mount a legal challenge against the government’s new Claimant Commitment for jobseekers, after police said they were unable to arrest Iain Duncan Smith and Lord Freud for breaching the Human Rights Act.

Keith Lindsay-Cameron, of Peasedown St John, near Bath, was advised to obtain the services of a solicitor and raise a legal challenge in the courts after he made his complaint at Bath police station on Friday (May 2).

He said the conditionality regime that is part of the new Claimant Commitment will re-cast the relationship between the citizen and the State – from one centred on ‘entitlement’ to one centred on a contractual concept in which the government provides a range of support only if a claimant meets an explicit set of responsibilities, with a sanctions regime to enforce compliance.

According to Mr Lindsay-Cameron, this amounts to the reintroduction of slavery. Forced compliance – through the sanctions regime – means people will be denied the means of survival if they fail to meet the conditions imposed on them. Deprivation of the means of survival, he claims, also breaches the act’s guarantee that everybody has the right to life and should not be deprived of it.

“The civilian desk receptionist asked my business and I gave her a verbal breakdown – that I had come to accuse Iain Duncan Smith and Lord Freud of crimes under the Human Rights Act 1998,” said Mr Lindsay-Cameron, who is better-known to thousands of readers as the author of the A Letter A Day To Number 10 internet blog.

“The Claimant Commitment contract means the loss of access to any benefits if one refused to sign, and benefit sanctions if one was considered to be in breach of the signed contract. Either way, this amounts to forced labour and therefore slavery.

“I was asked for more details and explained that a sanction – loss of benefits – meant the loss of the means of survival. I said we had not come to ridicule the police or to challenge them, but that they existed as our – ordinary folks’ – doorway to justice and that what I was doing there was asking for their help and that I was personally in the system and that we all needed help.”

But a police inspector told the activist, and the small group who attended to show their support, that officers at his station could not deal with the matter.

“I explained the situation and what the coercion of sanctions meant and that this did not constitute anything normal as a civic obligation under the human rights act – and I pointed out that if he made a mistake, he would not face a loss of a month’s income, nor three months’ for a second error or three years’ loss of income for a third infraction,” said the campaigner.

“He explained to me that, under the law, Iain Duncan Smith and Lord Freud were upholding the laws that they had made and that – whatever I felt about that – they had no case to answer and that his job as a police officer was to enforce the law.

“He said that I would need to obtain the services of a solicitor and raise a challenge in the courts for a judge to decide whether the actions of Duncan Smith and Freud were a breach of human rights.”

He said this process was already under way. The group has bought the internet domain name theshoestringarmy.com and will now start the process of a challenge.

Mr Lindsay-Cameron added that his visit to Bath Police Station was delayed when he stopped to meet a group of homeless people in the churchyard next door, while police were trying to move them on.

“It gave us a bizarre sense of what we were about to embark on,” he said.

“Where do people go, having nothing and welcome nowhere, in the land of the growing dispossessed?”

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Lucas, Miller and a law that worked so hard not to treat them equally

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acquit, anti-fracking, Behaviour, Caroline Lucas, cash, charge, claim, commissioner, Commons Committee, court, CPS, criminal, Crown Prosecution Service, David Cameron, embezzlement, equal, expenses, false pretence, fine, fraud, government, highway, judge, law, magistrate, Maria Miller, Mike Sivier, mikesivier, money, not guilty, obstruct, offence, outcry, overturn, Parliament, police, protest, public order, resign, standards, taxpayer, trial, Vox Political

Congratulations are due to Green MP Caroline Lucas, who walked free from court today after criminal charges against her were overturned.

She had been charged with obstructing a public highway and a public order offence, during high-profile anti-fracking protests last summer. Neither offence carries a prison sentence – the maximum penalty for either charge would have been a fine of up to £1,000.

District judge Tim Pattinson said the prosecution had failed to satisfy him that Lucas had “the requisite knowledge” about the Section 14 order being in place.

On the obstruction charge, he said he did not hear any evidence that any actual obstruction of a vehicle or person was caused by the protest.

It is good for British justice that Ms Lucas was acquitted – but bad for British justice that she was taken to court in the first place, most particularly because the case contrasts so strongly with that of disgraced former cabinet minister Maria Miller.

Miller claimed tens of thousands of pounds of taxpayers’ money under false pretences. You can call that fraud, if you like (maximum penalty: 10 years’ imprisonment).

Did she go to court? No.

Because she is a member of Parliament, the financial irregularity was investigated by a Parliamentary body, the Commons Committee on Standards. Rather than take the advice of the Parliamentary Standards Commissioner, who recommended that Miller pay back the full amount, the committee ruled that she should return just £5,800 and apologise to Parliament for obstructive behaviour during the investigation.

Surely everybody can see the double-standard here?

The least we can learn from these two stories is that the law absolutely does not treat everybody equally.

Ms Lucas was arrested, detained at Her Majesty’s convenience and now she has faced trial for the offences alleged against her. This MP, who opposes the government in Parliament, was then acquitted after a fair trial and has the support of the general public in this matter.

Miller was accused of a far more serious crime than Ms Lucas but has not been arrested, has not been detained, and has not been tried for the offences alleged against her. The then-government minister was whitewashed by her colleagues and only resigned because of a public outcry against the decision.

What conclusion can the public draw, other than that government MPs are effectively above the law?

David Cameron’s government can only redeem itself with two actions: It must remove Parliament’s right to investigate claims of financial irregularity by MPs and placing this duty firmly where it belongs – with the police and the Crown Prosecution Service.

The other action?

Obvious, really…

Maria Miller must face a criminal trial, charged with fraud.

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Miller resigns at last – now it is time to call in the police

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benefit, cash, cheat, court, Daily Telegraph, David Cameron, expenses, fraud, George Osborne, house, Independent Parliamentary Standards Authority, ipsa, law, London, Maria Miller, Mike Sivier, mikesivier, money, mortgage interest, paddock, people, police, politics, profit, resign, scandal, taxpayer, Vox Political, weak

Going (unpunished): Maria Miller has made a huge profit from her misuse of taxpayers’ money while in public office. Now is the time for her to face a criminal investigation.

Maria Miller resigned as Culture Secretary today (Wednesday) – after nearly a week of hanging on by her fingernails in the hope that everyone would suddenly forget that she fraudulently claimed mortgage interest on a south London house that she wanted the authorities to believe was her second home (when in fact it was her parents’ first).

During that time she has managed to reignite public disgust at the many expenses scandals in which Parliamentarians have been revealed to have been involved since the Daily Telegraph first lifted the lid on them in 2009.

She has also managed to undermine public support for comedy Prime Minister David Cameron, whose continuing support for her has shown just how weak he must be. He needed Miller because she was a woman in a predominantly male Cabinet, state-educated in a mainly private-school Cabinet, and an avid supporter of Cameron himself in a government that is beginning to realise that he’s a dud. In supporting her, he showed just how precarious his hold on the leadership really is.

Of course, she also generated a huge amount of hatred towards herself. Remember, this is a person who used taxpayers’ money to pay for her parents’ house – a building which she subsequently sold for a profit of more than £1 million.

Miller is not the first Cabinet member to make a million with taxpayers’ cash either – stand up George Osborne, who formerly had us paying for a paddock, a house and other scraps of land in his Tatton constituency on which he falsely claimed expenses, saying they were vital for the performance of his duties as an MP. He later sold the lot for around £1 million, having spent not a single penny of his own on the property – it all came from the taxpayer.

Osborne was protected from prosecution by the Parliamentary Standards Authority – a body that appears not to be as independent as it claims.

Now is the time to report Miller to the police.

A Parliamentary inquiry is not the same as a criminal investigation and it is important for her case to be tested in a court of law. This woman was part of a government that has had no qualms about using the law to take taxpayers’ money away from people who needed state benefits in order to survive; now let us see how she fares when the law turns its attention to her.

Who’s up for it?

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Let’s start the New Year with some hopeful news

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allowance, benefit, benefits, claimant, Coalition, Conservative, court, death, Democrat, Department, Department for Work and Pensions, die, disability, disabled, DWP, employment, Employment and Support Allowance, ESA, Freedom of Information, government, health, Iain Duncan Smith, Incapacity Benefit, Information Commissioner, Liberal, Liberal Democrat, Michael Meacher, Mike Sivier, mikesivier, mortality, Parliamentary Question, Pensions, people, politics, service, sick, social security, support, Tories, Tory, tribunal, unemployment, vexatious, Vox Political, WCA, welfare, work, work capability assessment

The Information Commissioner and the Department of Work and Pensions will have to defend, before a tribunal, their decision to refuse my Freedom of Information request on claimant mortality.

Readers will recall that this blog, along with others, has been trying to use official channels to secure publication of the number of people who died while going through the claim process for Incapacity Benefit or Employment and Support Allowance during 2012.

This process has been drawn out beyond reason; the first request for the information was made before that year ended, and it is now 2014. First, the DWP flatly refused to provide any information, saying it had no intention to publish the figures – this was despite having published a statistical release on claimant deaths in 2011. Then, after I submitted a FoI request, the claim was that it was “vexatious”, and I had launched an “orchestrated” campaign “deliberately designed to irritate or harass the department and/or disrupt its business” – all based on a line at the end of the Vox Political article on the subject, in which I suggested readers who felt strongly about it might like to submit a FoI request of their own.

The Information Commissioner upheld the DWP’s decision, claiming that the most significant factor in his decision was that “the complainant runs an on-line blog in which the main focus is the DWP and their ‘cover-up’ on the number of Incapacity Benefit and Employment and Support Allowance claimants who have died in 2012”. This is clearly unsupportable, as would be clear to anybody glancing through the blog.

In this context, it is my pleasure to announce that HM Courts and Tribunals Service has accepted my notice of appeal and a hearing will be held, with all parties present, between the end of March and mid-May, 2014. The date has yet to be confirmed.

While this has been going on, Michael Meacher MP has submitted a Parliamentary Question on the same subject (you can read about it on his blog). If he succeeds in getting the information before I can, I still intend to go ahead with the appeal.

It is important that government departments should not believe they can crush a legitimate request for information that is a matter of pubilc interest by playing fast and loose with the Freedom of Information Act.

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

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America, arbitration, bank, bias, Britain, bureaucrat, business, Caroline Lucas, cigarette, citizen, Coalition, compensation, Conservative, corporate, court, democracy, Democrat, dispute, environment, EU, Europe, European Commission, european union, Eurosceptic, finance, financial, free trade, George Monbiot, government, green, growth, health, independence, investment, investor-state, jobs, Kenneth Clarke, Labour, lawyer, Lib Dem, Liberal, lobbyist, manage, MEP, Mike Sivier, mikesivier, mine, mining, overrule, Packaging, panel, Parliament, partnership, people, plain, politics, protection, regulation, safety, settlement, shale, sovereign, sue, Tories, Tory, trade, transatlantic, transparency, Transparency of Lobbying Bill, TTIP, UK, undermine, United States, US, Vox Political

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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A few words on the large government-funded corporations who don’t pay their taxes

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allowance, Atos, avoid, benefit, benefits, British Army, capita, Chris Grayling, Coalition, company, Conservative, corporate, corporation, Corporation Tax, court, Democrat, electronic tag, employment, ESA, firm, G4S, government, GP, Justice Secretary, Liberal, Liberal Democrat, Mike Sivier, mikesivier, offender, Olympic, out of hours, overcharge, overcharging, people, phantom, politics, Serco, support, tax, taxpayer, Tories, Tory, translation, Vox Political, work capability assessment

[Picture: Another Angry Voice}

Apologies are due to readers for the fact that new articles have been few and far between this week; Vox Political creator Mike Sivier has been occupied with other concerns including work at the Citizens Advice Bureau and campaigning to be a Labour candidate in the 2015 election. Normal service will resume (hopefully) on Monday.

In the meantime, here’s some information from a VP reader (who very kindly asked not to be credited) on some of our favourite private companies with entire fists – never mind fingers – in the public sector pie.

With around half of all public sector spending now paid to private companies, lets look at some facts about the four largest recipients – Serco, Capita, Atos and G4S.

In total, they have received more than £4 billion of taxpayers’ money in the past year, making a cumulative profit of £1.05 billion. This means that, if the work had been carried out within the public sector, the taxpayer would have saved more than a quarter of the money used. That’s a lot of money!

With Corporation Tax currently standing at 23 per cent, let’s look at how much tax they paid: £75 million (around 7.5 per cent).

But the situation is actually worse than that! This is only the tax paid by Capita and Serco.

Atos and G4S paid no tax at all.

Furthermore, none of these companies has successfully delivered the public services they were contracted to carry out, despite having been paid anyway. Did G4S successfully manage security at the 2012 Olympics, or was that the British Army? Did Capita provide adequate court translation services? Has Atos carried out work capability assessments for Employment and Support Allowance in a professional and unproblematic manner? What about Serco and out-of-hours GP services?

These firms have been content to take taxpayers’ money but avoid paying tax on it, and then provided botched services. Two of them – Serco and G4S – are currently under investigation by the Serious Fraud Office for overcharging on electronic tagging of offenders.

It seems we were paying for these companies to monitor 3,000 phantom offenders. They were charging for 18,000 while only 15,000 were being monitored.

Coalition Justice Secretary and part-time clown Chris Grayling told MPs in July that an external audit had revealed the overcharging, which included bills for tracking the movements of criminals who had moved abroad, who were back in prison, who had had their tags removed and even, in a few cases, those who had died.

Even so – and despite sanctions against the companies as a result, the scenario presented in the image (above) is still possible, thanks to the Coalition government.

Outsourcing – a good deal for taxpayers? You decide…

(Source: http://www.theguardian.com/politics/2013/nov/12/public-sector-paid-outsourcing-firms-4-billion-pounds)

Tory crime allegations: Why stop with Shapps?

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action, Action Fraud, allegation, by election, case, computer, Conservative, contempt, court, crime, criminal, David Cameron, error, expenses, fraud, George Osborne, government, Grant Shapps, How To Corp, Iain Duncan Smith, IT, legal, Metropolitan, michael dugher, Mike Sivier, mikesivier, mortgage, paddock, Parliament, police, politics, Tories, Tory, TrafficPaymaster, Vox Political

Isn’t this fraud? The man pictured is Grant Shapps, but his name tag claims he is Michael Green – the name he used to run How To Corp before and after he became an MP. Isn’t that fraud – gaining a financial advantage by deception (in this case, the pretence that he wasn’t Grant Shapps)?

Picture David Cameron’s bemusement, as he stares around the Cabinet at its next meeting, wondering why Labour has asked him to order an investigation into criminal allegations against Grant Shapps – when George Osborne and Iain Duncan Smith are in the room.

Labour’s Shadow Cabinet Office minister Michael Dugher has written to Cameron, calling for Shapps to be suspended and an investigation launched under the ministerial code of conduct after the police said one of his companies may have committed “an offence of fraud”.

The official Conservative line is that the police have closed investigations into Shapps’s How To Corp, there is no case to answer, and any further allegations should be put to the Party (as Dugher has) or the police. The source added: “To suggest there are allegations left unchallenged is actionable”, implying a threat of legal action if Labour persists.

But this is to deny the result of the police inquiry. The Metropolitan Police stated in a letter that the company’s sales of TrafficPaymaster software, that ‘spins and scrapes’ content from other websites, “may constitute an offence of fraud, among others”, but that this would not be investigated further.

Why not? A crime is a crime and the police are specifically employed to prevent it.

It seems that Tory ministers really are above the law.

Look at how the Met brushed off Vox Political‘s attempt to have George Osborne investigated for fraud, after he paid mortgage interest on a paddock with taxpayers’ money, claiming it was an allowable expense on property he needed to perform his duties as an MP – and then sold it off in a package with other land and a neighbouring farmhouse for around £1 million and pocketed the cash.

Apparently it was already under investigation, according to the policewoman who called at the end of last year. Have you heard anything about it since?

Perhaps it was one of the fraud matters that got lost by computer error.

And what about Iain Duncan Smith’s habitual offence of lying to Parliament? He has done this so many times that nobody can say it is unintentional, and he has never apologised for the factual inaccuracies. This is an offence of Contempt of Parliament and according to convention he should have been ejected from the House of Commons months ago and a by-election called for his seat.

If the Conservatives can’t keep their own house clean, why isn’t Labour demanding action on these matters?

This benefits bully harasses the powerless but runs away from criticism

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allowance, annual report, Atos, benefit, benefit cap, benefits, bully, Coalition, committee, Commons, Conservative, court, coward, dead, death, Debbie Sayers, Department, Department for Work and Pensions, die, disability, Disability Living Allowance, disabled, DLA, DWP, employer, employment, Employment and Support Allowance, ESA, fabricate, false, fraud, Freedom of Information, George Osborne, government, Guardian, harass, health, HM Revenue and Customs, hmrc, Iain Duncan Smith, IDS, Information Commissioner, internet, intimidate, Ipsos Mori, Jayne Linney, Job Centre, John Major, law, liability, liar, Mandatory Work Activity, Mike Sivier, mikesivier, Parliament, Pensions, people, politics, Polly Toynbee, Public Interest Lawyers, regulation, retrospective, returned to unit, RTU, ruling, sick, social security, staff, statistics, support, Tories, Tory, unemployment, Universal Credit, vexatious, Vox Political, welfare, work, Workfare

Several months ago this blog accused Iain Duncan Smith of being a liar and a coward because, not only had he fabricated statistics on the number of people leaving benefits because of his new benefit cap, but he had also weaseled his way out of an appearance before the Commons Work and Pensions Committee to account for this behaviour.

The very next day, we had to apologise (to readers) and publish a correction saying that the man we call ‘Returned To Unit’ would be attending a follow-up meeting in September, at which the 100,000-signature petition calling him to account for the benefit cap lies, organised by Jayne Linney and Debbie Sayers, would also be presented to MPs.

Apparently the meeting was being timed to coincide with publication of the DWP’s annual report for 2012-13.

Now it is November, and we have still had no meeting with RTU. Nor have we seen the annual report, which is now almost eight months late. Meanwhile the calamities at the DWP have been mounting up.

The latest appears in a Guardian report published yesterday, about the ongoing disaster that is Universal Credit. You may remember, Dear Reader, that the Department for Work and Pensions has admitted it had to write off £34 million that had been spent on the scheme; it subsequently emerged that the total amount to be written off might actually be as high as £161 million.

The Guardian article appears to confirm this, adding £120 million to the £34 already written off if the DWP follows one of two possible plans to take the nightmarish scheme forward.

This would restart Universal Credit from scratch, creating a system based on the Internet – and reducing the need for Job Centre staff – and tends to confirm the suggestion that staff are seen as a liability in the government’s plan to cut back on benefit payments; despite being told to bully, harass and intimidate everyone who darkens their doors, they have an annoying inclination to help people claim the benefits due to them.

The other plan would attempt to salvage the existing system, and is understood to be favoured by the Secretary-in-a-State. The drawback is that it could lead to an even greater waste of taxpayers’ money (not that this has ever been a consideration for Mr… Smith in the past. He’ll waste millions like water while depriving people of the pennies they need to survive).

Universal Credit aims to merge six major benefits and tax credits into one, restricting eligibility for the new benefit in order to cut down on payouts. It relies on the government creating a computer programme that can synchronise systems run by HM Revenue and Customs, the DWP itself, and employers. So far, this has proved impossible and a planned rollout in April was restricted to just one Job Centre, where staff handled only the simplest claims and worked them out on paper. Later revelations showed that the system as currently devised has no way of weeding out fraudulent claims.

A leaked risk assessment says the web-based scheme is “unproven… at this scale”, and that it would not be possible to roll out the new system “within the preferred timescale”. Smith has continually maintained that it will be delivered on time and on budget but, as concerns continue to be raised by senior civil servants that systems are not working as expected and there are too many design flaws, it seems likely this is a career-ending claim.

Is this why he hasn’t deigned to account for himself before the Work and Pensions Committee?

Earlier this week, the government lost its appeal against a court ruling that its regulations for Workfare and other mandatory work activity schemes were illegal. Public Interest Lawyers, who handled the case against the government, has taken the view that anyone who fell foul of the regulations may now take action to get their money back. But the matter is complicated by the fact that the government unwisely passed a retrospective law to legalise the rules, in a bid to stop the 228,000 benefit claimants it had sanctioned after they refused to work for their benefits from demanding the money that ministers had – in effect – stolen from them. Iain Duncan Smith is the man behind this mess.

Is this why he hasn’t deigned to account for himself before the committee?

We have yet to learn why this man felt justified in claiming 8,000 – and then 12,000 – people had left benefits because of the £26,000 cap he introduced in April (he claimed it is equal to average family income but in fact it is £5,000 and change short of that amount as he failed to consider benefits that such families could draw). Information from polling company Ipsos Mori showed that the real number of people who had dropped their claims after hearing of the scheme was more likely to be 450 – just nine per cent of the figure he originally quoted.

Is this why he hasn’t put a meeting with the committee in his diary?

Perhaps we should not be surprised, though – it seems that RTU has never had a decent grip on the way his department works. For example, he allowed George Osborne to cancel Disability Living Allowance for one-fifth of claimants in 2010, claiming that the benefit had been “spiralling” out of control because it had 3.1 million claimants – triple the number since it was introduced in 1992. Smith said the rise was “inexplicable” but in fact the explanation is simplicity itself, as The Guardian‘s Polly Toynbee pointed out just two days ago:

“DLA is only paid to those of working age, but when they retire they keep it, so as more people since 1992 move into retirement, numbers rise fast. There has been no change in numbers with physical conditions, despite a larger population; back injuries have declined with the decline of heavy industry. There has been a real growth in numbers with learning disabilities: more premature babies survive but with disabilities, while those with Down’s syndrome no longer die young. More people with mental illness claim DLA now, following changes in case law: there has been no increase in mental illness, with 7% of the population seriously ill enough to be receiving treatment, yet only 1% claim DLA. Psychosis is the commonest DLA diagnosis, hardly a trivial condition. This pattern of disability mirrors the rest of the Organisation for Economic Co-operation and Development countries, with nothing exceptional here.”

In other words, from the moment he took over this hugely important government department, with its huge – and controversial – budget, Iain Duncan Smith had about as much understanding of its workings as a child.

It seems Sir John Major was exactly right when he expressed fears about the DWP Secretary’s ability last week, claiming his genius “has not been proven”.

Is this why we’ve seen neither hide nor … head of the Secretary of State?

Finally, Dear Reader, you will be aware that Vox Political submitted a Freedom of Information request to the DWP, asking for up-to-date statistics on the number of Employment and Support Allowance claimants who have died during a claim or while appealing against a decision about a claim – and that the request was dismissed on the indefensible grounds that it was “vexatious”. This was not good enough so the matter went to the Information Commissioner’s office and, according to an email received this week, will soon be brought to a conclusion.

Is this why Iain Duncan Smith is hiding?

Perhaps it’s time to drag him out of his bolt-hole and force some answers out of him.

Jayne (Linney), in her blog, has called on people who use Twitter to start tweeting demands for Smith to come forward, using the hashtags #whereisIDS and #DWPLateReview. This is good, and those of you who do so are welcome to use any of the information in this article as ammunition in such a campaign.

There is nothing to stop anyone writing to the press – local or national – to ask what is going on and why benefit claimants are being left in suspense about the future of their claims. People have to work out how they will pay their bills, and the continued uncertainty caused by Mr… Smith’s catalogue of calamities is causing problems up and down the country.

A short message to your MP might help stir the Secretary of State out of his slumber, also.

In fact, let’s use all the tools at our disposal to expose this man for what he is – just as this blog stated in July and in May: A liar and a coward who has committed contempt of Parliament and should be expelled – not just from public office, but from public life altogether.

Follow me on Twitter: @MidWalesMike

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DWP denials: They would kill you and call it ‘help’

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account, allowance, appeal, assessment, Atos, Atos Healthcare, benefit, benefits, Bro Taf, charge, charging, clinical, Coalition, compassionate conservatism, Conservative, corruption, court, cover-up, death, decision maker, denial, Department, Department for Work and Pensions, disability, disabled, doctor, DWP, dying, employment, Employment and Support Allowance, ESA, esther mcvey, evidence, government, GP, health, history, LMC, local medical committee, mark hoban, medical, mental health, Mike Sivier, mikesivier, mortality, Mrs S, New Statesman, opinion, Pensions, people, politics, PricewaterhouseCoopers, provider, refuse, regulation, sick, social security, suicide, supervision, support, Vox Political, WCA, welfare, work, work capability assessment, Work Programme

Employment Minister Mark Hoban: His attempt to cover up the failings of the ESA Work Capability Assessment, and his nepotistic use of a former employer to rubber-stamp the cosmetic changes, bring all politics and politicians into disrepute.

Who do you believe about the Work Capability Assessment?

Not the government, obviously.

You may have missed this – because it hasn’t been reported widely in the mass media – but a quiet row has been running for several months, concerning the collection and use of medical evidence to support applications for Employment and Support Allowance, the benefit people taking the WCA have applied to receive.

The government – whose spokesman appears to be Employment Minister Mark Hoban rather than Esther McVey, the Minister who is actually responsible for Disabled People – insists that decisions are made after consideration of all medical evidence supplied by claimants, and that they can provide further evidence during the reconsideration process or appeals.

But there is a mountain of evidence that this is a load of bunkum.

Back in 2010, an ex-military claimant, ‘Mrs S’ wrote a damning report on the service at the time. It stated: “This dangerous DWP contract offers the medical opinion of the Atos Healthcare Disability Analyst as a PRIORITY, which the DWP Decision Makers accept verbatim, so all additional specialist medical opinion of consultants, offered by the patient/claimant, is totally overlooked. Consequently, desperately ill people are now being declared fit for work because they are physically capable of collecting a pen from the floor. Patients, welfare advisors and MPs all presume that specialist medical opinion by a consultant will be accepted because they are unfamiliar with the details of the contract.

“The contract requires specialist medical opinion for several conditions… This is routinely ignored by Atos Healthcare with devastating consequences, whilst the UK government offer total support for this private company.

“Atos Healthcare doctors do not have access to a patient’s detailed medical history at the interview with the patient, as confirmed by Atos Healthcare, so one needs to question why so much detailed medical evidence is requested, which will be totally ignored?

“Atos Healthcare is totally unaccountable for all medical examinations. All usual patient safety networks in place for NHS and private healthcare do not apply and, according to the GMC and the Healthcare Commission, Atos Healthcare, as a company, ‘…have total immunity from all medical regulation.’

“There is no clinical supervision whatsoever.”

Get the picture? This situation has not changed in three years, despite the claims of Mr Hoban that he is “committed to ensuring that the Work Capability Assessment is as fair and accurate as possible”.

On Tuesday (August 13), New Statesman published details of several Atos claimants with mental health problems who – surprise, surprise – have been let down by the system.

One of these, who had previously attempted suicide, was driven to a further attempt to take her own life after receiving a string of 18 letters from a Work Programme Provider, all sent after it was advised to leave her alone for the good of her health.

“The DWP said it would not investigate the matter because [the Work Programme Provider] has its own internal complaints procedure,” the article stated, before going on to report on how that worked.

The company refuted the allegation and went on to say that it “takes its responsibilities to its customers and staff seriously. We have robust policies on safeguarding and data protection in place to ensure their privacy and safety is always maintained. With this in mind, it would be inappropriate for [us] to comment on individual any cases”.

It is clear that there is a culture of unaccountability running right through this system; the only people who bear the consequences of Work Capability assessors’ actions are the claimants themselves.

Perhaps that is why so many are dying that the DWP is now afraid to publish mortality figures for people going through the process. The suicidal person mentioned in the Statesman article would have been one more to add to the multitude, if they had succeeded in taking their own life.

This is what your votes support – a state-sponsored drive for sick or disabled people to kill themselves, rather than continue to be a burden on a Conservative-led government. Compassionate Conservatism – and this is at its most compassionate.

Let’s add in a few details. We know that the government recently lost a court battle in which it claimed that the current process was fair to people with mental health conditions. The Upper Tribunal disagreed and now the DWP is appealing against that decision – because ministers don’t want their underlings to have to consider medical information on anyone that hasn’t been gathered in the biased way ensured by the Atos Healthcare training system.

“We already request claimants supply any evidence they feel will be relevant to the assessment in the ESA50 questionnaire,” the department said in an email quoted by the Statesman.

But we already know from ‘Mrs S’ that this information is “totally overlooked”. It was in 2010 and we have no reason to believe the current situation is any different, judging from the treatment of claimants.

Now it seems claimants are finding it harder to get the expert medical evidence they need, because GPs are either refusing to hand it over, or are charging more money for it than claimants receive for their personal survival.

In southeast Wales, Bro Taf Local Medical Committee has come under fire for ordering GPs to stop providing support information to disability benefit claimants who were appealing against WCA decisions. The LMC has said its problem is not with the provision of evidence itself, but with the “increasing number of appeals [which] has resulted in more GP appointments being taken up to deal with such requests”.

Hoban said last month that he was bringing in “additional providers” to carry out assessments from summer 2014 and had already directed Atos to improve the quality of its written reports following assessments.

This will do nothing to improve matters, if the contract and the training given to the new providers is the same as that given to Atos.

And he has engaged a company to “provide independent advice in relation to strengthening quality assurance processes”. This company is PricewaterhouseCoopers, Mr Hoban’s former employer. The connection with the Minister implies an inappropriate relationship from the get-go.

Put it all together and you have an attempt to carry out business as usual, under the veil of a ham-fisted cover-up involving friends of the Minister. Anyone bothering to check the facts will see it as further evidence of the corruption that is rotting the institutions of British government with staggering rapidity under the Conservative-Liberal Democrat administration.

But there is a worse effect, which has a bearing on all politicians: Even those who accept such announcements at face value will consider this to be a failure by government. “They can’t get anything right” will be the chorus from the Great Uninterested – and the continuing furore as mistakes – and deaths – continue to take place will only reinforce the view that we should not give any politicians the time of day.

They would kill us all and call it “help”.