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

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

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

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

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

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part, or for leaving the scheme once they had started it and realised what it was, may claim back the JSA that had been withdrawn from them.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The PIP assessment hoax shows we could believe any claim about our corrupt government

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[Image: Getty Images]

It seems some of your favourite bloggers – including Yr Obdt Srvt – have been hoodwinked by a hoax claim that assessment criteria for the new Personal Independence Payment have been made much more severe than has been the case until now.

If you were distressed by this article, please be reassured that – from what has been said over the last few hours – it is not accurate.

Vox Political only published the claims because they came here via a colleague of good character who in turn received it from a trustworthy source. There were telltale signs that it was a wrong ‘un – for example the fact that the story is based on unsubstantiated information allegedly provided by an anonymous Atos employee to an equally anonymous source – but here at VP it was felt that the possibility of another DWP betrayal merited a mention.

Much of the hoax article focused on the descriptors used to define the effects of their disabilities on a claimant. These are defined by regulations that can only be changed by Parliament (although not by an Act of Parliament, if I understand correctly) and that should have been evidence enough that the claims were false.

But we know that Iain Duncan Smith, Lord Freud and the other vipers infesting the Department for Work and Pensions like to change the conditions in which people receive benefit – especially if it helps them reach their savings targets. This goes for the rest of the Conservative-led government too; they hide information from us.

Look at the ‘negative resolution’ the government introduced last year, to open England’s health service to widespread competition. This happened after the Conservatives (Andrew Lansley in particular) promised on their honour that they would do no such thing. Their plan was that the new rules would not be discussed, and there would be no vote; instead they would automatically become law. How could any of us know whether the government was planning more of the same?

Let us decide, for the moment, that this was a hoax. Some commentators have suggested that it has been planted by fifth columnists working for the government but claiming to be acting for the people, in order to bring other, more substantial criticisms of DWP policies into disrepute. This seems unlikely.

Instead, it shows us that the policies put forward over the last four years by Mr Duncan Smith and his colleagues, together with the way they have been implemented, have shown ineptitude, underhandedness and treachery of such magnitude that people now believe they are capable of anything at all – even the bizarre and contradictory changes that were publicised yesterday.

This is the government department that changed the assessment rules for Employment and Support Allowance to such a degree that the death rate for people claiming the benefit rocketed. Iain Duncan Smith’s solution: Stop publishing mortality statistics for people claiming incapacity benefits.

This is the government department that, faced with a court ruling that its rules for mandatory work activity were illegal, simply changed the law in order to legalise them. This act alone made the Coalition government a criminal regime.

This is the government department whose behaviour shows only one area of consistency – continually making false or misleading claims about its work. Take a look at DPAC’s excellent Report on DWP Abuse of Statistics from June last year for no less than 35 examples of this.

When you are discussing liars it is easy to believe lies about them.

This is why it will be hard to believe any attempt by the DWP to discredit its critics on the basis of this single hoax.

If Iain Duncan Smith wants us to believe him, why doesn’t he give us those ESA death stats we’ve wanted for so long?

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Good riddance to bad rubbish: Universal Jobmatch to be scrapped

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benefit, benefits, check, close, contract, costly, criminal, Department, ditch, DWP, end, expensive, fake, fraud, identity theft, illegal, jobseeker, jobsworth, Mike Sivier, mikesivier, monster, Pensions, people, politics, record, repeat, scrap, sex, social security, The Guardian, unemployment, Universal Jobmatch, Vox Political, welfare, work

Leaked documents from the Department for Work and Pensions have shown that Universal Jobmatch is set to be scrapped – not only because it is full of fake and repeat job entries but also because it is too expensive.

But the government is bound to its contract for another two years and is unlikely to try to release itself until the agreement (with a company called, appropriately, Monster) comes up for renewal.

The plans have been revealed by The Guardian, after the documents were passed to the paper from an unnamed source.

It seems there was no mention of the adverts for illegal jobs such as sex work; perhaps the particular civil servants who wrote these reports don’t look at that kind of material on the internet!

The leak follows revelations that some job postings “enticed jobseekers to spend money needlessly – for example on fake criminal records checks – or were a means of harvesting personal information for identity fraud”.

According to Wikipedia, the site was developed by Monster at a cost of over £17 million and has annual running charges of £6 million. The Guardian states that Monster wanted an extra £975,000 to clear UJM of fraudulent employment adverts.

What is not clear is whether jobsworth Jobcentre staff will continue demanding that jobseekers use the site.

They’ll have a big job on their hands – convincing anyone that it is still workable.

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Conservatives: Exploiting hardworking people

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activities, activity, administration, all in it together, campaign volunteer, Conservative, David Cameron, duties, duty, employee, employment, expenses, exploit, fairness, George Osborne, Graduate Fog, hardworking people, help, hostile question, hours, illegal, intern, memo, Mike Sivier, mikesivier, minimum wage, mutuality of obligation, people, politics, task, Tories, Tory, volunteer, Vox Political, work, worker

Exploitation: The logo on the cups says, “Conservatives – for the privileged few” – and the intern carrying them isn’t included.

“We’re all in it together” are we, George?

The Conservative Party represents “fairness”, “for hardworking people”, does it, David?

It seems not – if we are to judge the Conservative Party by its actions, rather than its words.

Yesterday a website focusing on graduate careers blew the full-time whistle on these deceptions, exposing how the Tories have been briefing MPs and candidates on ways to avoid paying the minimum wage by exploiting the perceived differences between volunteers, interns and paid employees.

The article on Graduate Fog said a memo circulated to Party members was advising them to start calling their unpaid interns ‘campaign volunteers’, in order to evade “potential hostile questioning” about exploitative business practices.

The Conservative Party has denied doing anything wrong by providing advice on ways its members may avoid paying the minimum wage.

It would have been better for the Party spokesperson to deny that Conservatives have been wrongly recruiting people as employees – under the umbrella title of ‘interns’ (which means nothing in UK law), while treating them – for payment purposes – as volunteers.

But that was impossible because it is exactly what has been happening – as the memo makes clear.

Look – here it is:

Graduate Fog kindly published it for us all to examine.

The part that blows the gaff is a “suggested template reply” for “hostile questioning” about the issue of “recruiting unpaid interns”.

Clearly, this is what Conservative chiefs want to avoid.

Clearly they would not have gone to the effort of circulating a memo if NOBODY was “recruiting unpaid interns”.

So there is a clear implication that some Conservative Party MPs and prospective Parliamentary candidates, in fact, have been “recruiting unpaid interns” – and illegally exploiting them by demanding that they carry out the duties of employees.

The tone is clear from the get-go: The Conservative Party is running scared.

Members are told that people working in an unpaid capacity are no longer to be described as ‘interns’ – they are ‘campaign volunteers’ from now on because, that way, there is no obligation to pay them.

Conservatives are advised not to pay anything at all to these ‘volunteers’ – even expenses – as this could lead to them being classed as ‘workers’ and establishing ‘mutuality of obligation’. This would be equivalent to payment for services rendered – and the ‘volunteer’ would therefore be classed as a ‘worker’, requiring payment for services rendered, at the minimum wage or higher.

From now on, the memo states, recruitment adverts should be “appropriately worded” – meaning there must be nothing resembling a “formal job description”. This means references to “work”, “worker”, “hours” of work, “tasks” the ‘Volunteer’ will be “expected” to perform, and “expenses” are all out.

Instead, Party members are advised to use words like “volunteering”, “volunteer”, “campaigning administration”, and “help” – and to describe functions carried out by the “volunteer” as “the kind of activities it would be great to get some help with”.

This advice would not be necessary if Conservative Party MPs and prospective Parliamentary candidates had not been illegally “recruiting unpaid interns”.

For the interns themselves, this should be terrific news: There can be no requirement for them to turn up to work, and no disciplinary measures may be taken against them if they don’t. They may come and go as they please and do not have to conform to any set working hours. Nor may they be expected to perform any specified duties.

If the Tories want people to do that kind of work, they can pay for it like everybody else.

… although the minimum wage probably won’t be enough.

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Housing association speaks out over Bedroom Tax

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advice, advise, arrears, association, bedroom tax, benefit, benefit cap, change, chief executive, Coalition, Conservative, council housing, county council, County Times, cumulative, effect, evict, eviction, final, general dispensation, giant evils, hard work, housing, illegal, Labour, landlord, Mid Wales, motion, no eviction, policy, political statement, poverty, Powys, Reform, regressive, rent, reward, sanction, social, support, tenant, Tories, Tory, ultimate sanction, vulnerable, want, welfare state, William Beveridge, wow petition

It seems the chief executive of a local housing association has taken issue with yr obdt srvt over the Bedroom Tax.

Shane Perkins, of Mid Wales Housing, wrote to the Powys-based County Times after I used that paper to expose an illegal action by the county council’s ruling group, aimed at preventing discussing of a motion for the council to adopt a ‘no-eviction’ policy.

The motion asked the council not to evict tenants who fail to pay their rent because of the Bedroom Tax. Councillors who are also private landlords were forbidden from speaking or voting on the motion as they stand to benefit if social housing tenants are forced to seek accommodation with them as a result of the vindictive policy, and this meant 30 councillors had to leave the chamber.

Members of the ruling group, realising there was a real possibility of the motion being carried, then claimed that any councillors who are social housing tenants should also be barred from taking part – a move that is against the law (to the best of my knowledge). My understanding is that a ‘general dispensation’ allows councillors who are council tenants to take part in debates on, and vote on, matters relating to council housing.

Mr Perkins, writing in the paper’s December 20 edition, suggests that it is almost impossible to establish whether or not a tenant has fallen into rent arrears solely as a consequence of the “pernicious” (his word) Bedroom Tax, and claims that the motion was “a meaningless ‘political’ statement”.

He makes the point that it may be possible to apply the policy where the tenant has never previously been in rent arrears, but this would be unfair on other tenants who are similarly affected now but had fallen into arrears for other reasons in the past. He asks why tenants who struggle to meet their rent payments should not receive a financial subsidy or reward for being a good and conscientious tenant; and also points out that the cumulative effect of other regressive changes to benefits is also likely to affect the rent payments of vulnerable people and, to be consistent, Labour’s motion should encompass them also.

He says all social landlords, including the council, will seek to advise and support tenants who are in financial difficulty, but “in the final analysis, if a tenant fails to pay their rent, the ultimate sanction has got to be eviction.

“To do otherwise would be irresponsible, as ultimately the cost of one tenant not paying their rent is borne by all those tenants that do pay, and spiralling arrears will ultimately affect the viability of the council’s housing, which will serve none of its tenants.”

It would be easy to pick holes in his arguments. The whole point of government policy is to make sure that nobody gets a penny more than the Conservative-led Coalition decides they should have – and this government wants to drive people into poverty – so there will be no rewards for hard work. The Labour Party, and non-political groups, has campaigned ceaselessly to force the government into assessing the cumulative impact of its changes to the benefit system, but the government has refused all such calls, knowing as it does that such research would reveal the monstrous truth about its attack on the poorest in society.

If Mr Perkins is really interested, then he should encourage his own MP to support the call for such an assessment in the debate on the ‘WoW’ Petition, due to take place in the House of Commons in the New Year. I helped write that document, which calls for (among other things) “a cumulative impact assessment of welfare reform”. Labour is supporting the motion. I would suggest, therefore, that any criticism of Labour for making a “meaningless ‘political’ statement” is unfounded.

As for the difference between tenants affected by the Bedroom Tax who have never been in arrears before, and those affected by it who have – this should be something a social landlord can track, especially if they are actively seeking to “advise and support” tenants. This support should include examination of a tenants income and outgoings, before and after the Tax was imposed.

The simple fact is that Mr Perkins would move offending tenants into smaller houses if he had any, but he doesn’t. He would not be talking about eviction if he did. He never built them and we must conclude that he never saw the need. Perhaps he believed that the welfare state would continue to support his tenants.

William Beveridge, the architect of that system, in the report that bears his name, said the British government should fight what he called the “giant evils” of society, including Want.

How could Beveridge know that, 70 years later, the British government would be actively increasing Want, wherever it could. That is what the Bedroom Tax, and the benefit cap, and all the other cuts brought in by this spiteful Conservative-led Coalition are about.

These measures are crimes against the citizens of this country – citizens who have paid into the State, generation after generation since the 1940s, believing that it would look after them if the spectre of Want cast its shadow at their door.

Mr Perkins describes the changes as “pernicious”, but if he allows a single tenant to be evicted then he will be a willing accomplice.

That is what he is saying when he tells us he is prepared to use this “final sanction”.

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Evidence states Murdoch knew about bribery of officials – so why isn’t he in the dock?

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Andy Coulson, arrest, bribe, Conservative, Culture, David Cameron, Downing Street, Exaro, Fleet Street, gather, government, illegal, journalist, Mike Sivier, mikesivier, news, News Corporation, News UK, newspaper, official, payment, phone, police, politics, public, Rebekah Brooks, reporter, Rupert Murdoch, tap, The Sun, Tories, Tory, trial, Vox Political

Inscrutable: But does this impassive visage mask knowledge about corruption in newspaper journalism going back at least 40 years?

Rupert Murdoch has known for decades that his newspaper reporters were bribing public officials, according to an audio recording reported on the Exaro News website.

It seems the media mogul made the comments in March, in a private meeting with a group of journalists from The Sun who had been arrested over allegations of illegal news-gathering – including payments to police and other public officials for information.

In the recording, a Sun journalist asks: “I’m pretty confident that the working practices that I’ve seen here are ones that I’ve inherited, rather than instigated. Would you recognise that all this pre-dates many of our involvement here?”

Murdoch replies: “We’re talking about payments for news tips from cops; that’s been going on a hundred years, absolutely. You didn’t instigate it.”

At another time, he says: “It was the culture of Fleet Street.”

The full story, and a transcript of the recording, are on the Exaro News site, but the revelation raises serious questions about the phone-tapping trial of Andy Coulson, Rebekah Brooks and others, which is currently taking place.

If Brooks and Coulson are on trial for allowing corrupt and illegal practices in their newspapers, why not Murdoch?

And what are the implications for David Cameron, the Prime Minister who may have allowed this kind of corruption into Downing Street?

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

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account, appeal, bank, BBC, benefit, benefits, bill, bma, border, British Medical Association, bullying, bureaucrat, check, Coalition, Conservative, contribute, contribution, control, deport, Dominic Casciani, Don Flynn, Dr Richard Vautrey, expensive, forced labour, government, Habib Rahman, health, Home Office, Home Secretary, ID, identity, illegal, ILPA, immigrant, Immigrants, immigration, Immigration Law Practitioners Association, ineffective, intrusive, Joint Council, landlord, Mark Harper, Migrants Rights Network, Mike Sivier, mikesivier, minimum wage, NHS, officer, overseas, people, politics, racist, railway station, Residential Landlords Association, sick, social security, spot check, streamline, student, tenant, The Guardian, Theresa May, Tories, Tory, unworkable, Vox Political, welfare, work

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Failings over race earn Theresa May a figurative rap on the knuckles – twice!

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advertising standards authority, advertising vans, arrest, ASA, assess, asylum, BBC, benefit, benefits, Chris Grayling, Coalition, Conservative, contempt, context, criminal justice, Daily Mail, Equality and Human Rights Commission, EU, european union, flak jacket, go home, government, hatred, Home Office, Home Secretary, illegal, immigrant, immigration officer, inaccurate, intention, Justice Secretary, knuckle dragging racist, Lords committee, Mike Sivier, mikesivier, national interest, obligation, opt out, Owen Jones, people, points based system, police, politics, poster, race, racism, railway station, social security, spot check, stab vest, statistic, suspicion, Theresa May, Tories, Tory, treaties, treaty, Unite, Vox Political, welfare, xenophobia

Bad taste in the mouth, Theresa? Not nearly as bad as the flavour that faced British citizens, wrongly accused of being illegal immigrants because of your race vans.

Anyone with an ounce of brain in their head knew the Home Office was going to be banned from using its advertising vans again – the ones telling illegal immigrants to “go home”, in the language of “knuckle-dragging racists”, as Owen Jones so memorably phrased it.

That is, anyone except everyone working at the Home Office, including the Secretary of State – Theresa May.

The Advertising Standards Authority ordered the Home Secretary not to put the vans on the streets again, saying the phrase “go home” was indeed a reminder of a racist slogan and “clearly carries baggage”.

The authority also said the posters on the vans referred to inaccurate arrest statistics, claiming there had been 106 arrests in the area in the past week. The ASA said this was misleading as it did not relate to accurate arrest statistics for the specific areas where people would have seen the vans.

They were out in Barking and Dagenham, Redbridge, Barnet, Brent, Ealing and Hounslow – areas the Home Office believe many illegal immigrants live and work.

The report stated: “The ad must not appear again in its current form. We told the Home Office to ensure that in future they held adequate substantiation for their advertising claims and that qualifications were presented clearly.”

The ASA had received 224 complaints about the vans from individuals, campaign groups, legal academics and the Labour peer Lord Lipsey, who is from Vox Political‘s home constituency of Brecon and Radnorshire, we’re proud to say.

But in an impressive display of tightrope-walking the ASA said the van campaign was not offensive or irresponsible. While the “Go home” slogan had been used in the past to attack immigrants, its report said, the Home Office was now using it in a different context.

Oh! Well, that makes it perfectly acceptable, doesn’t it? Never mind the possibility that nobody seeing those vans in the street was ever likely to consider such a nuance, it was “unlikely to incite or exacerbate racial hatred and tensions in multi-cultural communities” because the intention was different!

What about the message implied by these vans – a message that was clearly pointed out by commentators at the time – that Conservative-leaning voters should treat with hatred, suspicion and contempt anybody who is not a white, Anglo-Saxon protestant?

What about the way they encouraged suspicion that another person may be an illegal immigrant?

What about the way the Home Office Twitter account spent the week-long pilot period in which the vans were traipsing round London tweeting messages about the number of illegal immigrants it wanted us to believe had been detected or turned themselves in? Can we believe those figures, if the number on the vans themselves was fake?

What about the photographs transmitted by the same Twitter account, of suspects who had been arrested, before they had been charged? Does anybody remember if any of these people were the white Anglo Saxons mentioned a couple of paragraphs ago?

What about the spot-checks at railway stations, where anybody who was not clearly white could be stopped by immigration officers wearing stab vests who demanded to see identification proving they were in the UK legally? How galling was it for British citizens – people who were born and raised in this country – to be faced by a flak-jacketed fiend who (it is claimed) became unreasonably aggressive when challenged over their right to behave in this manner without direct cause for suspicion?

What about the fact that the Home Office undermined its own arguments by being unable to reveal the different ethnicities of the people who were stopped – information that was vital in determining whether they had been breaking the law?

What about the fact that all of this effort was hugely out of proportion when considering the number of illegal immigrants it was likely to net? Forget forced labourers who are brought into the country but kept hidden by criminal organisations – these are not responsible for what happened to them and their cases are likely to be part of criminal investigations into the people holding them captive. Who does that leave?

And what about the possibility that this was not about illegal immigrants at all, but a sop to all those people – many of them Daily Mail readers, we expect – who believe that immigration of any kind is out of control? These are people who need to get to grips with the facts. As reported by this blog and others back in August, the UK has a lower immigrant population than almost any ‘developed’ nation; they are assessed via a points-based system, only seven per cent are asylum-seekers and only a third of asylum claims are accepted. They do not have access to most of the benefits available to UK citizens and what they do receive are nowhere near the same value. They are one-third less likely to claim those benefits, meagre as they are, than UK citizens.

The Unite union has been seeking legal advice over this matter, and the Equality and Human Rights Commission has also been investigating this. It will be interesting to see what they say.

But a rap on the knuckles over bad information is a good start. Naughty, naughty, Theresa May!

On the same day, the Home Secretary – along with Justice Secretary Chris Grayling – faced questions from two Lords committees on the UK’s 2014 opt-out from EU police and criminal justice measures, as part of a reopened inquiry.

If this opt-out is exercised, the Coalition government has listed 35 measures that it would seek to rejoin, and it is these that prompted the Lords to reopen their inquiries.

Parliament’s own website said they were likely to face questions on how they defined the national interest in selecting the 35 measures the UK would seek to rejoin, and whether the changes will break the UK’s obligations to European arrest treaties.

And there were questions to be answered on whether non-participation on measures dealing with xenophobia and racism (the issues at the heart of the matter with the advertising vans) sent an “unfortunate” signal to other EU member states that the UK, under a Conservative-led government, no longer regards those issues as important.

Fortunately for Theresa May, these proceedings do not appear to have been made public.

Xenophobia

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Restoring the balance: We know what’s on the Home Office’s so-called ‘racist’ vans; here’s the response from human rights organisation Liberty.

Those of us who are lucky enough not to live in London have yet to see the amazing advertising vans that have been conveying instructions to Conservative-leaning voters, to treat with hatred, suspicion and contempt anybody who is not a white, Anglo-Saxon protestant.

It seems clear that these vehicles are intended to promote racism and heighten racial tension, setting British citizens against each other – because the aim is to encourage the suspicion that another person may be an illegal immigrant – in the same way Coalition policy on social security set citizens against each other by pretending it was commonplace for individuals to receive more in benefits than in paid work.

According to the Public Order Act 1986, it is an offence for a person to publish threatening, abusive or insulting material if this is intended to stir up hatred against any group in the UK, defined by reference to colour, race, nationality, citizenship or ethnic or national origins, or if it is likely to stir up hatred with regard to all the circumstances.

The Criminal Justice and Public Order Act of 1994 added an offence of intentional harassment – that it is an offence to use threatening, abusive or insulting behaviour, intending to cause a person harassment, alarm or distress. There is a defence that the conduct of the accused was reasonable. This Act was introduced by Michael Howard, who spoke in favour of the advertising vans on the BBC’s Any Questions on Friday.

The Unite union has been seeking legal advice about whether the Home Office-sponsored vans – running a week-long ‘pilot’ scheme that could be expanded to the entire country – incited racial hatred, which implies that their message was intended for domestic consumption, rather than for the benefit (sorry) of illegal aliens.

The message on the vans reads as follows: “In the UK illegally? GO HOME OR FACE ARREST. Text HOME to [a number] for free advice and help with travel documents.”

A stamp in the top-right corner reads: “106 arrests last week in your area.”

The Home Office Twitter account spent the week-long pilot period tweeting messages about the number of illegal immigrants it wished to claim had been detected or turned themselves in – and even transmitted photographs of suspects in a move that is certain to undermine claims that it was not trying to incite hatred.

And spot-checks have been taking place at railway stations, where people who were notably not white were stopped, apparently at random, by immigration officers wearing stab vests who demanded to see identification proving they were in the UK legally. It seems they became unreasonably aggressive when asked what right they had to behave like this without direct cause for suspicion.

Immigration minister Mark Harper has rejected claims that people were targeted because of their race, confirming that the law demands that officers need reason to believe an offence had been committed before stopping anybody.

He said the street operations “involved immigration officers talking to people in the local area and, where there was a reason to do so, asking questions in relation to immigration status”. Are we to take it, then, that his underlings were inviting local people to act as informants, ‘dobbing in’ people they suspected (or possibly, simply didn’t like and wanted to put into trouble)?

Harper’s argument was severely undermined when he admitted he could not reveal the different ethnicities of the people who were stopped, and their numbers, because it is not recorded – officials were told to take down only the names, dates of birth and nationalities of people they stopped.

So they didn’t record information that is vital in determining whether they have been breaking the law. Have we heard about that dodge before, Iain Duncan Smith?

The Equality and Human Rights Commission is investigating.

All of the above is the latest in the Coalition government’s continuing war against immigrants – let’s drop the word ‘illegal’ from the issue. The national debate is framed around people who come into this country – legally or not – and either take employment here or claim benefits.

The facts appear to show that the hysteria surrounding this has been blown completely out of proportion.

There is an argument to be made about enforcement of illegal immigration laws, but it is about ‘people smuggling’, cheap labour and forced labour – not about people coming here to take your job or claim benefits that they don’t deserve.

According to Scriptonite Daily, “the UK has a lower immigrant population than almost any ‘developed’ nation, these immigrants are mostly assessed via a Points Based System, only seven per cent are asylum seekers, and only 33 per cent of asylum claims are accepted.

“There is no open door.

“Finally, the immigrant population does not have access to a vast majority of the benefits available to UK citizens, the benefits they do receive are nowhere near the same value as those received by UK citizens and they are a third less likely to claim benefits than UK citizens.”

Owen Jones, speaking on Any Questions, voiced the belief that “the Conservatives, fearful of a threat from UKIP, are using taxpayers’ money to tap into people’s fears and prejudices… What we’re seeing is government-funded vans with ‘Go home’ emblazoned on them. That is a term long-associated with knuckle-dragging racists.

“We’re seeing spot-checks and racial profiling of people at tube stations. We have a woman on the news… she was born in Britain; she was told she was stopped because she ‘didn’t sound British’. And we have the official Home Office [Twitter] account being used to send gleeful tweets which show people being thrown into vans with a hashtag, ‘#immigrationoffenders’.

“Is this the sort of country you want to live in, where the Conservatives use taxpayers’ money to inflame people’s fears and prejudices in order to win political advantage? Because I don’t think most people do want that to happen.”

Moreover, it seems the authorities have created a perfect opportunity to start rounding up anybody deemed “undesirable” by the powers-that-be. Greece is already rounding up people of unorthodox sexuality, drug addicts, prostitutes, immigrants and the poor and transferring them to internment and labour camps.

Will the UK follow suit? Only last week we learned that the Coalition government was planning to expand its ‘residential Workfare for the disabled’, rounding up people with disabilities and putting them into modern-day workhouses where someone else would profit and they would receive benefits alone – because that’s how Workfare works. Now this.

This blog was criticised a couple of days ago, by a commenter invoking Godwin’s Law after an article comparing the new workhouses with Nazi concentration camps.

Every day it becomes easier to make comparisons between the current UK government and the Nazis, or other fascist-style institutions. How long will people watch and accept it before they realise what is happening?

And when will they decide to act?

When it’s too late, perhaps?

What’s your opinion?

DWP allowed to appeal against ruling that ‘fitness for work’ test is illegal

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All rise: The British court system is supposedly the best in the world – but can we trust it to make the right decision when it is the government that is appealing against a ruling?

It may have taken almost a month and a half, but judges have agreed to let the Department for Work and Pensions appeal against the judgement that the work capability assessment discriminates against people with mental health problems.

According to the Mental Health Resistance Network the DWP was denied permission to appeal on the first attempt.

Iain Duncan Smith’s lackeys then resorted to a second route – applying directly to the Court of Appeal – and it was this court that granted permission.

A spokesperson for the Mental Health Resistance Network said: “This is not the news we wanted, but the Tories were never going to give up without a fight as they are desparate to destroy our welfare state.

“Needless to say we will be fighting back.”

Vox Political was one of many who reported, back in May, that a judicial review had ruled that the work capability assessment actively discriminates against the mentally ill.

The tribunal found that, no matter how ill or even delusional a person may be, the system places on them the responsibility for gathering their own medical evidence and sending it in – otherwise the material will not be considered.

For the DWP to win at appeal, it will have to prove that this is possible for anyone, no matter how severe their mental illness may be.

The current system, for which the DWP lost the judicial review, means that paperwork sent in by anyone else on behalf of a patient with mental illness may be ignored and their ability to work judged using evidence from a 15-minute interview with a stranger who is unlikely to have had any mental health training, and who has no idea what expert opinion has to say.

Vox Political said at the time that we all knew Iain Duncan Smith would not accept this. That prediction has been borne out by current developments.

Paul Jenkins, CEO of Rethink Mental Illness, said after the tribunal decision that it meant the government should halt the mass reassessment of people receiving incapacity benefits immediately, until the system is fixed.

Does anybody think this has happened?

If not, then the government has been acting illegally for almost a month and a half. It is to be hoped that the appeal tribunal takes this into account when considering its decision. If assessments have continued, then the DWP has shown flagrant disregard for the legal process.

Such behaviour would also add emphasis to the Black Triangle Campaign’s comment in May, that the assessment system was “completely at odds with the government’s repeated insistence that mental health is a top priority”.

The campaign’s spokesperson said it was “sad that it took a court case to force the DWP to take action”.

It’s even more sad that the only action so far has been an appeal against the decision.

Some commentators speculated that Iain Duncan Smith might introduce retroactive legislation to re-legalise the work capability assessment – as he did with workfare after Cait Reilly and Jamieson Wilson won their cases against the department.

Unfortunately for him, the current controversy involves a breach of the Equalities Act, which has far-reaching effects.

If he tries to repeal it, we’ll know two things for sure:

1. Iain Duncan Smith is a dangerous fool.

2. The Coalition government has no respect for the rule of law.

To be honest, we knew both of those already.