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Tag Archives: Justice

What would YOU ask David Cameron in Public Prime Minister’s Questions?

27 Sunday Jul 2014

Posted by Mike Sivier in Austerity, Bedroom Tax, Benefits, Business, Cost of living, Democracy, Economy, Employment, European Union, Food Banks, Fracking, Health, Housing, Human rights, Justice, Law, Politics, Poverty, Privatisation, Trade Unions, UK, USA, Utility firms

≈ 41 Comments

Tags

Andrew Marr, association, austerity, BBC, bedroom tax, benefit, benefit cap, Coalition, companies, company, Conservative, David Cameron, dead, death, die, economy, Ed Miliband, employment, energy, firm, food banks, fracking, freedom, Freedom of Information, government, health, hedge fund, human right, Investment Partnership, Justice, kill, Labour, Mike Sivier, mikesivier, mislead, misled, National Health Service, NHS, people, pmq, politics, price, Prime Minister's Questions, privatisation, privatise, public, quality, Royal Mail, sick, social security, speech, Tories, Tory, trade union, Transatlantic Trade, transparent, TTIP, unemployment, Vox Political, Wednesday Shouty Time, welfare reform, work


Mile-wide: Mr Miliband explained his idea to bridge the gulf between the public and the Prime Minister to Andrew Marr.

Mile-wide: Mr Miliband explained his idea to bridge the gulf between the public and the Prime Minister to Andrew Marr.

Ed Miliband engaged in a particularly compelling piece of kite-flying today (July 27) – he put out the idea that the public should have their own version of Prime Minister’s Questions.

Speaking to Andrew Marr, he said such an event would “bridge the ‘mile-wide’ gulf between what people want and what they get from Prime Minister’s Questions”, which has been vilified in recent years for uncivilised displays of tribal hostility between political parties and their leaders (David Cameron being the worst offender) and nicknamed ‘Wednesday Shouty Time’.

“I think what we need is a public question time where regularly the prime minister submits himself or herself to questioning from members of the public in the Palace of Westminster on Wednesdays,” said Mr Miliband.

“At the moment there are a few inches of glass that separates the public in the gallery from the House of Commons but there is a gulf a mile wide between the kind of politics people want and what Prime Minister’s Questions offers.”

What would you ask David Cameron?

Would you demand a straight answer to the question that has dogged the Department for Work and Pensions for almost three years, now – “How many people are your ‘welfare reform’ policies responsible for killing?”

Would you ask him why his government, which came into office claiming it would be the most “transparent” administration ever, has progressively denied more and more important information to the public?

Would you ask him whether he thinks it is right for a Prime Minister to knowingly attempt to mislead the public, as he himself has done repeatedly over the privatisation of the National Health Service, the benefit cap, the bedroom tax, food banks, fracking…? The list is as long as you want to make it.

What about his policies on austerity? Would you ask him why his government of millionaires insists on inflicting deprivation on the poor when the only economic policy that has worked involved investment in the system, rather than taking money away?

His government’s part-privatisation of the Royal Mail was a total cack-handed disaster that has cost the nation £1 billion and put our mail in the hands of hedge funds. Would you ask him why he is so doggedly determined to stick to privatisation policies that push up prices and diminish quality of service. Isn’t it time some of these private companies were re-nationalised – the energy firms being prime examples?

Would you want to know why his government has passed so many laws to restrict our freedoms – of speech, of association, of access to justice – and why it intends to pass more, ending the government’s acknowledgement that we have internationally-agreed human rights and restricting us to a ‘Bill of Rights’ dictated by his government, and tying us to restrictive lowest-common-denominator employment conditions laid down according to the Transatlantic Trade and Investment Partnership, a grubby little deal that the EU and USA were trying to sign in secret until the whistle was blown on it?

Would you ask him something else?

Or do you think this is a bad idea?

What do you think?

Follow me on Twitter: @MidWalesMike

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Vigil to support judicial review for ESA claimants with mental health issues

01 Tuesday Jul 2014

Posted by Mike Sivier in Benefits, Discrimination, Employment and Support Allowance, Health, Justice, People, UK

≈ 13 Comments

Tags

allowance, appeal, benefit, Department, Disabled People Against Cuts, DPAC, DWP, employment, Equalities Act, ESA, health, judicial review, Justice, mental health, Mental Health Resistance Network, MHRN, Mike Sivier, mikesivier, Pensions, people, reasonable adjustment, Royal Courts, sick, social security, support, The Strand, vigil, Vox Political, WCA, welfare, work, work capability assessment


Vigil: This was taken when the case was appealed in October 2013.

Vigil: This was taken when the case was appealed in October 2013.

Does anybody fancy helping create a stir outside the Royal Courts of Justice next week? Don’t worry, you shouldn’t get arrested.

The courts will be the venue for the judicial review of government policy regarding claimants of Employment and Support Allowance who have mental health issues, from July 7-9. That’s between Monday and Wednesday next week.

On Tuesday (July 8), the Mental Health Resistance Network, supported by Disabled People Against Cuts, will be holding a vigil at the front entrance of the Royal Courts of Justice building on The Strand, between midday and 2pm.

The aim is to highlight the important issues around the case.

This should help: Buses 4,11,15,23,26,76,172 and 341 all stop at the front of the Royal Courts of Justice, 171, 188, 243, 521 and X68 stop at Kingsway and Aldwych Junction nearby. The nearest underground station is Temple (District Line), Holborn (Central and Piccadilly Line) and Chancery Lane, (Central Line).

Anyone with stories of how you have been affected by the Work Capability Assessment is invited to come and share them – and support the fight for justice.

So how about it?

DPAC’s website has this to say about the judicial review: “Two people who claim benefits on mental health grounds initiated a judicial review of the Work Capability Assessment (WCA), supported by the Mental Health Resistance Network (MHRN). In May 2013, the judges presiding over the case ruled that the WCA places mental health claimants at a “substantial disadvantage” and that the DWP should make “reasonable adjustments” to alleviate this.

“Often mental health claimants struggle to provide further medical evidence to support their claim for Employment Support Allowance (ESA) and may not be able to accurately self report how their mental health conditions affect them, either when completing forms or at face to face assessments. Many claimants are wrongly found fit for work and subjected to the stress of appealing the decision.

“The claimants who brought the case, DM and MM, asked the court to rule that the DWP should be responsible for obtaining further medical evidence at every stage of the process to improve the chances of a more accurate decision being reached about whether a person is able to work or to start preparing for work and to avoid the need for a face to face assessment in cases where this would be especially distressing for the claimant. In addition, claimants who are at risk of suicide or self harm would be more likely to be identified. In such cases, regulations 29/35 would apply. These regulations are intended to reduce risk of harm but the DWP often fail to identify who they apply to.

“The Department for Work and Pensions appealed the judgement. Their appeal arguments were mainly concerned with legal technicalities but in December 2013 the judges issued a ruling that upheld the original judgement in May. The DWP did not launch a second appeal.

“Under the Equalities Act of 2010, the Secretary of State for Work and Pensions is required to make ‘reasonable adjustments’ to mitigate any disadvantages experienced by disabled people. The forthcoming hearing will be concerned with establishing what adjustments the DWP should make to the WCA process. We already know from the original hearing that they plan to run a pilot study to assess the “reasonableness” of obtaining further medical evidence. We want to ensure that any study will be fair, honest and approached with an open mind. Unfortunately we find it hard to trust that this will happen.

“In his witness statement of July 2013 Dr Gunnyeon, Chief Medical Advisor and Director for Health and Well-Being at the DWP wrote, ‘ESA was designed to be a different benefit from Incapacity Benefit (IB), being a functional assessment rather than a diagnostic one. The face-to-face assessment is a key part of this process as the only truly independent part of the process. Moving away from this would, I believe, be a retrograde step which would seriously undermine the way in which the assessment process has been conceived and designed. It would represent a return to the position in Incapacity Benefit (IB), where claimants were “written off” on the basis of their diagnosis’.

“Most people would be amazed to learn that the DWP are fighting tooth and nail against having to consider a person’s actual problems when assessing them for benefits.”

For those who cannot attend the vigil, it is still possible show your support on Facebook and Twitter, using the hashtag #wcamentalhealth

Follow me on Twitter: @MidWalesMike

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David Cameron: “A bull with no cock”

10 Saturday May 2014

Posted by Mike Sivier in Conservative Party, European Union, Politics, Television, UK

≈ 13 Comments

Tags

broadcast, Conservative, David Cameron, deficit, economy, education, election, employment, Europe, gap, Gogglebox, government, health, home affairs, Justice, Mike Sivier, mikesivier, NHS, Parliament, people, politics, poor, rich, Tories, Tory, UKIP, Vox Political


David Cameron: "Like an ox... a stupid animal." [Image: BBC]

David Cameron: “Like an ox… a stupid animal.” [Image: BBC]

Gogglebox, the recursive Channel 4 programme – in which, while watching TV, we watch people watching TV – has become a highlight of the Vox Political viewing week; especially when there’s a political item.

This week’s show featured responses to the Conservative Party’s election broadcast. One can only conclude that the Conservatives will have been panicked by the response.

None of the viewers featured on the show had a single good word to say for the Tories. They were unanimous in their condemnation – not only of the Tories’ election plea but also of their record in government over the past four years.

In the broadcast, reading between the lines, the Tories begged us to let them keep their seats in the European Parliament and not to vote for UKIP instead.

They did this – apparently – by stealing UKIP policies and by harping back to events they have claimed as achievements, whether they were or not, such as cutting the deficit (by one-third, according to the broadcast; in fact they’ve cut it by around 1/17), reforming the NHS and education.

“[They’ve] made our NHS weaker and our education poorer, and the gap between rich and poor has never been so big,” said the Reverend Kate.

Claims that a record number of people are in work met this response from German-born Ralph: “I can’t feel that I have more money in my pocket.”

His partner Viv added: “We’re worse-off, since the Conservatives came into power, than we were before.”

Another commenter said: “This is the ‘I Will Ruin your National Health party’, and then make out and pretend that they’re doing a wonderful job.”

The voiceover – by an unnamed Welsh woman – came in for particular scrutiny: “Where have they got this voiceover? Why haven’t they got him speaking?” (“Him” being David Cameron.)

“A lot of people don’t like his voice.”

Rev Kate’s husband Graham made it clear that this ploy wasn’t fooling anybody: “I can’t believe they’re trying to use a Welsh person to voice over it! They’re trying to say, ‘Look – Welsh people can vote Tory as well!’ I bet she don’t even vote Tory!”

The broadcast moved on to tick off a list of all the things the Tories say they would do in the European Parliament, starting with “taking back control of justice and home affairs”.

The responses: “Who gave it away in the first place?”

“It’s ridiculous! They’re talking about taking back all these things…”

“… That they gave away!”

“Every single one of those… has been stolen from UKIP, because they’re terrified they’re going to be outflanked by UKIP at the general election.”

Finally, Conservative leader (and comedy Prime Minister) David Cameron was wheeled out to tell us what we should and shouldn’t do.

“I believe that you have the right blah blah blah…” jabbered the Face of Modern Conservatism.

Response: “Oh, he just makes me want to punch him.”

Let’s leave the last word to Ralph – he is, after all, a European gentleman who has come to live in the UK. His opinion? “[Cameron is] like an oxen, you know?… Ox is a stupid animal in Germany.

“A bull with no cock.”

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Evictions begin as government starts grabbing your homes

22 Saturday Feb 2014

Posted by Mike Sivier in Bedroom Tax, Benefits, Conservative Party, Cost of living, council tax, Disability, Employment, Employment and Support Allowance, Housing, Liberal Democrats, Media, People, Politics, Poverty, Powys, Public services, Tax, UK, unemployment, Universal Credit

≈ 42 Comments

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accommodation, adaptation, backdate, bedroom tax, benefit, benefits, British, Bulldog spirit, change, circumstance, Coalition, Conservative, Coronation Street, council, council tax reduction scheme, cut, Democrat, disability, disabled, evict, exempt, government, home, house, housing, Iceland, ignorance, inaction, Inclusion, Justice, landlord, Lib Dem, Liberal, local, Localism Act, Media, Mike Sivier, mikesivier, national, Parliament, penalise, people, Pickles Poll Tax, politics, Poll Tax, Reform, rent, right-wing, Shylock, social, social security, striver, tenancy, tenant, The X Factor, Torie, Tories, Universal Credit, vacate, Vox Political, welfare, Welfare Reform Act, Westminster, Winter Olympics


140222evictions

It is easy to get caught up in headlines and forget that the Coalition’s benefit reforms mean people you know will lose their homes.

You know what happens then? PEOPLE YOU KNOW START LOSING THEIR HOMES.

Vox Political was warning the world about this back in 2012 – nearly two years ago – saying the bedroom tax would put people on the streets while homes go empty and warning about the ‘Poll Tax revival plan to take away your home’. It gives me no pleasure at all to report that I was right.

This week I heard about two cases in my Mid Wales town. You may think that isn’t many, but this is a town with a population of less than 5,000 – and I haven’t heard about every case.

The first involves a family that has been living in the same council house for more than 30 years. Sadly the head of the household recently had a stroke and has been forced to move into a care home. In the past, the tenancy would have been handed down to the next generation of the family – two sons, one of whom has a family of his own. The other is a friend of mine, of excellent character. By day he works very hard at his job; after hours, he is a member of a popular local band (along with his brother, as it happens). They are what this government would call “strivers”.

But they are being penalised because they have been told to vacate the only home they have had. Not only that, they are being asked to stump up a small fortune in backdated rent (as their father has been paying for his care, not the house) and another small fortune to dispose of carpets they cannot take with them, which the council does not want.

When I spoke to my friend yesterday, he told me that the council simply does not want him or his brother as tenants because “it is easier to process a large family who are on benefits”. I queried this, and it seems likely that this is to do with the forthcoming Universal Credit system, and with the Council Tax Reduction Scheme (also known as the Pickles Poll Tax); it is easier to handle Universal Credit and council tax claims if the authorities have foreknowledge of a household’s income.

We both agreed that there is a serious drawback to this thinking.

Large families do not want to move into vacant social accommodation because they fear what the government – national and local – will do to them if their circumstances change. Children grow up; adults move out – and that will make them vulnerable to the Bedroom Tax. Suddenly their benefits won’t be enough to pay the rent and they, in turn, will be turfed out onto the streets. They know it is a trap; they will try to avoid it.

My friend agreed. “That house is going to stay empty for a very long time,” he said.

This is madness. Here are two people who are perfectly willing and able to pay the council’s rent, on time, for as long as they need the property but, because of the Welfare Reform Act and the Localism Act, the council is treating them abominably and the house will end up providing no income at all.

If you think that’s bad, though, just wait until you learn about my other friend!

He is an older gentleman who has been disabled for many years. He had been living in a small, two-bedroomed house that had been adapted to accommodate his needs. We know precisely how much these adaptations cost to install at current rates: £5,000.

I believe he needed the extra bedroom to accommodate carer needs but I could be mistaken.

Along came the Bedroom Tax and suddenly he did not have enough income to cover the cost of living there. The council (or social landlord, I have to admit I’m not sure) sent him an eviction notice. He appealed.

Guess what? His appeal was set to be decided after the date he was ordered to be out of his home.

So he had to go. He was lucky enough to find another place to live, and all the equipment he needs to accommodate his disability moved along with him – at a cost of £5,000.

Then he received the judgement on his appeal: He was exempt from paying the Bedroom Tax; he should never have been forced to move.

Is this British justice?

This country was once the envy of the world because we were far more enlightened than any other nation in our policies of social justice and inclusion. Not any more! Now we are regressing into a new dark age in which the squalid Shylocks infesting Westminster manipulate local authorities into performing grubby property grabs for them.

Is the ‘Bulldog Spirit’ that made us famous for standing our ground during the Blitz now being turned to hounding the poor out of their homes?

Are you willing to put up with this?

In Iceland, they marched to their Parliament and set up camp outside until the government gave up and agreed to the demands of the people. Here, an unmandated government rides roughshod over democracy while you sit at home watching The X Factor, Coronation Street and the Winter Olympics.

Nothing will change until you change it – but you know this already. The simple fact is that, if you are reading this article, you probably sympathise with the sentiments it is expressing and are already active in opposing the heinous crimes being committed against our people.

There are not enough of you. People who need to read these words are being allowed to live in ignorance, lulled into inactivity by the right-wing mass media.

It’s time to put an end to that. There can be no excuse for ignorance and inaction while people are being made homeless. Think of someone you know who needs to be shown the truth and make them read this article. Ask them what they think of it and explain the facts of what is happening around them.

Then tell them to pass it on to someone they know.

Spread the word – don’t keep it to yourself. And don’t sit on your thumbs and expect somebody else to do your bit for you. If you don’t act, why should anybody else? What’s the point of me writing these articles if you can’t be bothered to do anything about it? Are you going to wait until someone tells you they want your home?

Then it will be too late.

I’ll know if you succeed because it will be reflected in the number of times this article is viewed. I’ll report the results of this experiment next week.

Don’t let yourself down.

Follow me on Twitter: @MidWalesMike

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The lies that smashed the unions and destroyed our coal industry

03 Friday Jan 2014

Posted by Mike Sivier in Business, Conservative Party, Corruption, Employment, Justice, People, Politics, UK, Utility firms

≈ 36 Comments

Tags

Arthur Scargill, betray, coal, Conservative, eating, economy, employee, energy, fuel, government, heating, Iain Macgregor, industrial action, industry, Justice, lie, Margaret Thatcher, Michael Scholar, Mike Sivier, mikesivier, mine, National Coal Board, National Union of Miners, National Union of Mineworkers, Nigel Lawson, Norman Tebbit, part-time, people, Peter Gregson, picket, police, politics, poverty, rights, self-employed, Sir Robert Armstrong, strike, Tories, Tory, trade union, unemployment, Vox Political, work, zero hours


So now we know that Margaret Thatcher lied about the scale of her attack on the British mining industry.

She told the country that only 20 pits were to be closed, when in secret she and National Coal Board chief Ian Macgregor had planned to close no less than 75.

The revelation vindicates then-National Union of Mineworkers’ leader Arthur Scargill, who claimed at the time that there was a “secret hit-list” of more than 70 pits marked for closure.

Documents released under what used to be called the Thirty Year Rule show that under the plan, two-thirds of Welsh miners would become redundant, a third of those in Scotland, almost half of those in north east England, half in South Yorkshire and almost half in the South Midlands. The entire Kent coalfield would close.

The workforce was to be cut by about a third, from 202,000 to 138,000.

Thatcher went on to use the lie as an excuse to break the power of the trade unions, setting the scene for the long decline in employees’ rights that has brought us to the current sorry situation in which part-time work, zero-hours contracts and fake ‘self-employed’ status are robbing us of what few entitlements we have left.

She used the police as a political weapon to attack picket lines, sowing seeds of distrust that persist to this day. How many people who saw the scenes of carnage during the miners’ strike can honestly say they trust the police to uphold the law without fear or favour? Is it not more accurate to say they fear the police as agents of a ruling elite?

She destroyed Britain’s ability to provide fuel for our own power stations, leading us into dependence on foreign powers for our energy needs. It is this helplessness – caused by the policies of that Conservative Prime Minister – that has put so many British families into fuel poverty under the current Conservative Prime Minister, forcing them to choose between heating and eating.

In short, Margaret Thatcher owes compensation to a huge number of British people.

Some might consider it a lucky escape for her that she died last year and will avoid our wrath, but then again, considering her state of mind at the end it is unlikely that she would have recognised what it was.

Perhaps it will be possible for some of her victims to claim compensation from her estate; that will be a matter for them.

But other leading Conservatives and civil servants were in on the plot – and they should not be allowed to walk away unpunished. These include:

  • Nigel Lawson (Chancellor of the Exchequer at the time).
  • Norman Tebbit (Employment Secretary).
  • Sir Robert Armstrong (now Baron Armstrong of Ilminster, Secretary of the Cabinet in 1983). Armstrong has denied that there was a cover-up – an astonishing claim when documentation shows there was an agreement not to keep records of the secret meetings in which the plans were hatched and developed.
  • Peter Gregson (although he may also be dead; attempts to determine his status have turned up nothing).
  • Michael Scholar.

These are just the names on the document market ‘Secret’ meeting at No 10 on the BBC News report of the revelation.

They all knew about the lie and could all have told the truth but they did not.

They betrayed Britain.

Will they escape justice?

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

05 Thursday Dec 2013

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

≈ 5 Comments

Tags

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Let that be the end of the matter.

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Prepare to sift the substance from the sewage in the Chance(llo)r’s Autumn Statement

03 Tuesday Dec 2013

Posted by Mike Sivier in Benefits, Conservative Party, Economy, Liberal Democrats, People, Politics, Public services, Tax, UK, Utility firms

≈ 12 Comments

Tags

afford, austerity, autumn statement, benefit, benefits, borrow, bubble, business, Chancellor, cigarette, Coalition, Conservative, crap, cut, Daily Mirror, Daily Telegraph, debt, defence, deficit, Department, economic cycle, economy, energy, export, Ferrious, free school meal, George, George Osborne, Gideon, gold, government, green, headquarters, Home Office, HQ, Ikea, invest, Justice, keynes, Keynesian, Labour, lectern, levy, lobby, Lord Mayor's Banquet, Lynton Crosby, marriage, Michael Meacher, Mike Sivier, mikesivier, Osborne, overspend, Packaging, Panik, Pensions, people, petrol duty, plated, politics, price, productivity, profligate, redecorate, redecoration, Senator, social security, spatchcock, spending, tax, Thatcherism, The Guardian, Tories, Tory, Treasury, unfunded, Vox Political, wage, welfare, welfare state, Whitehall, Will Hutton, work


131203autumnstatement

[Picture: Vox Political reader Al Reading]

How long has it been since Labour was deemed the party with no policies and no direction? Now it seems the Conservatives have taken up this undesirable label and applied it to themselves (excuse the choice of words) liberally.

Labour’s stand on energy prices sent the Tories scurrying away to find an answer, after they finally realised that baldly claiming nothing could be done was not going to cut any ice.

When they finally came up with something, their answer was to “Cut the green crap” and reduce the environmental levy on energy firms – a u-turn within a u-turn for the party that once proclaimed to the nation, “Vote Blue – Go Green”.

This week they have also u-turned on cigarette packaging – for a second time within a matter of months. Before the summer, the Conservative vision was to safeguard children from smoking by removing packaging for cigarette packets. Then – after coincidentally hiring fag-company lobbyist Lynton Crosby to run their campaigns for them – they decided that the packaging could stay. Now – in the face of a possibly Lords rebellion – they are reversing their position yet again.

This is the context in which Boy Chancellor George Osborne will make his Autumn Statement – and he has already put himself on a sticky wicket before going in to bat.

Remember David Cameron’s massive error of judgement at the Lord Mayor’s banquet a few weeks ago, when he stood behind a gold-plated lectern that could easily be sold off or melted down to help pay of the interest on his government’s ever-increasing borrowing burden, and said austerity was here to stay?

It seems Gideon was eager to follow in his master’s footsteps, stumping up £10.2 MILLION (including VAT at the 20 per cent level that he imposed on us all in 2010) on new furnishings for his Whitehall HQ, from exclusive designers Panik, Ferrious and Senator. One Treasury insider, according to the Daily Mirror, wondered “why we couldn’t have just bought new furniture from Ikea”.

Good question! It is also one that is especially pertinent after it was revealed that Osborne has been calling for last-minute spending cuts from the Home Office and the departments of Justice, Defence, Business and Work and Pensions (yet again), because he will not be able to fund the £2 billion of giveaways announced during the conference season without them.

These include scrapping a rise in petrol duty of almost 2p per litre, free school meals for pupils aged five-to-seven and rewarding marriage in the tax system.

It seems clear that these measures were all unfunded when they were announced, putting the lie to Conservative claims that they have any kind of plan – and ruining their claim that Osborne’s schoolboy-economist austerity idiocy has done anything to improve the UK economy.

Like him or loathe him, Will Hutton in The Guardian had it right when he wrote: “The recovery is the result of the upward swing of the economic cycle finally asserting itself, aided by policies informed by the opposite of what Osborne purports to believe.”

Hutton went on to state that Osborne decided to “borrow from the Keynesian economic locker… never admitting the scale of the philosophic shift, and then claimed victory”. In other words, Osborne is the biggest hypocrite in Westminster (and that’s a huge achievement, considering the state of them all)!

Result: “The public is misinformed – told that austerity worked and, as importantly, the philosophy behind it works too… Thus the Conservative party can be protected from the awful truth that Thatcherism fails.”

Labour MP Michael Meacher is much more scathing (if such a thing is possible). In a Parliamentary debate, quoted in his blog, he told us: “We do have a recovery of sorts, but one that has been generated in exactly the wrong way. It has been generated by consumer borrowing and an incipient bubble, and it is not — I repeat, not — a real, sustainable recovery.”

In other words, the – as Hutton describes it – “eclectic and spatchcocked Keynesianism” employed by Osborne, while superficially useful in the short-term, will cause immense damage over a longer period because he doesn’t understand it and only used it in desperation.

Both Hutton and Meacher agree that a sustainable recovery can only come from what Meacher describes as “rising investment, increasing productivity, growing wages and healthy exports”, none of which are supported by Osborne’s current behaviour.

And yet, according to the Daily Telegraph, Osborne will fulfil another of this blog’s long-standing prophecies on Thursday by telling us all that “Britain can no longer afford the welfare state”.

From a member of the most profligate snout-in-trough overspenders ever to worm their way into public office and then inflict a harm-the-defenceless agenda on the nation, that will be the biggest lie of all.

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No justice for legal aid as Grayling ignores thousands of consultation responses

02 Saturday Nov 2013

Posted by Mike Sivier in Conservative Party, Crime, Justice, Politics

≈ 14 Comments

Tags

Attorney General, Bar Council, barrister, Chris Grayling, Coalition, Conservative, criminal, cut, Dominic Grieve, government, harm, Justice, Law Society, legal aid, market, Mike Sivier, mikesivier, Ministry, Opposition, people, politics, public interest, quality, reduce, supply, system, Tories, Tory, Treasury Counsel, unaffordable, unsustainable, Vox Political


Blind Justice: In Tory-led Britain, it's also deaf. And ignorant. In fact, can it really be described as 'justice' at all?

Blind Justice: In Tory-led Britain, it’s also deaf. And ignorant. In fact, can it really be described as ‘justice’ at all?

A story has appeared on the BBC News website, stating that elite barristers have joined the chorus of opposition to the government’s plan to cut legal aid for criminal cases by almost a quarter.

It states that the Treasury Counsel, a group appointed by the Attorney General to prosecute the most serious crimes, has followed the lead of the Bar Council and the Law Society in saying the plan to cut £220 million from the annual £1 billion legal aid budget is unsustainable.

This is accurate, but fails to address the most damning indictment against Chris Grayling and the Ministry of Justice in this matter.

According to the Treasury Counsel’s written response: “HM Government has indicated that it rejects or can ignore much of the content of the thousands of Consultation Responses, …particularly as to the future effect on the supply and quality of criminal advocacy services from the proposed changes to legal aid funding.”

It continues: “Criminal legal aid remuneration is identified as an appropriate target for ‘reduction’: this is based on a ‘belief’. The belief is that ‘further efficiency and cost savings in criminal legal aid remuneration” are both possible and sustainable’.”

This means that Chris Grayling and his cronies have decided to ignore evidence-based opposition to their plans because of an unfounded, unquantifiable “belief” that cutting funding will not affect the quality of the legal advice available in criminal cases.

If this matter were itself a court case, it could be settled with a simple question: When has this ever been proved in the past?

Can you think of any time when cutting budgets has not harmed a service – or actually improved it? Of course not.

The response – written by people who are appointed by the Coalition Government’s own Attorney General, let’s not forget, and who may therefore be taken as broadly sympathetic to its aims, continues: “The Minister of State said, ‘This is a comprehensive package of reform, based on extensive consultation. I believe it  offers value for the taxpayer, stability for the professions, and access to justice for all’… yet the Impact Assessment attached to the new Paper simply makes no attempt to evaluate or monetise the behavioural changes that will most certainly result from its proposals.

“The entirely obvious and predictable outcomes are lost quality and reduced supply. These are airbrushed in the Impact Assessment by repeated “steady state” assumptions. The behavioural changes are not then, uncertain. Neither will any steady state remain. They are, though, unpalatable; they will not improve the public interest.

“In a telling acknowledgment of this, the Ministry in its new consultation paper wholly abdicates its responsibility for this assessment by first making neutral assumptions and then asking the consultees what the impact will be. The Minister of State has lifted his telescope to his bad eye.”

The assessment of the Treasury Counsel is that cumulative changes since 1997, and a real terms cut of nearly half since 2007, mean Grayling’s proposals “will do significant harm to the operation of the criminal justice system… In particular, they will have both an adverse and disproportionate effect on the supply of such services by the acknowledged experts – the criminal Bar”.

Not only that, but the response says the cuts could be achieved in less harmful ways, such as “the proper working through of existing changes. Or, for example, in the proper letting and administration of government contracts for CJS services; court interpreters, custodians and other activities are telling examples of incompetent administration and wasting money – and these on services ancillary to the main process, that are provided by trading companies rather than professionally regulated people.”

In other words, allowing the market into the Criminal Justice Service (that’s the ‘CJS’ in the quotation) has lowered its quality and increased its cost.

The bottom line: “We consider that the proposed reductions, in whichever iteration, are unnecessary, have an effect much larger than claimed and will produce unsustainable results.” In terms of quality of service, it seems that it is the government’s proposals that are unaffordable.

The Attorney General himself, Dominic Grieve, indicated his own lack of enthusiasm for the proposals in a letter to the Bar Council in June. This accepted that opposition to the proposals cannot be explained away by self-interest, acknowledging that there is serious and principled opposition to the proposals which cannot be attributed to mere selfishness.

“Many… took the view that these proposals would cause the edifice to collapse,” he wrote, adding that he would continue to draw Grayling’s attention to the concerns that had been expressed to him.

It seems, considering the latest developments, that the Ministry of Justice not only has a bad eye but also a deaf ear.

What a shame its members are not speechless as well. For the sake of balance, here’s what a Ministry spokesperson had to say: “At around £2 billion a year we have one of the most expensive legal aid systems in the world and even after our changes would still have one of the most generous. We agree legal aid is a vital part of our justice system and that’s why we have to find efficiencies to ensure it remains sustainable and available to those most in need of a lawyer.

“We have engaged constructively and consistently with lawyers – including revising our proposals in response to their comments – and to allege we have not is re-writing history.”

Is it constructive for a government department to ignore evidence that it has specifically requested?

Is it consistent to run a consultation process, and then throw away the results because they don’t agree with ministers’ “belief”?

Of course not.

Grayling’s plans are ideologically-based and entirely unsupportable and should be laughed out of court.

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Coalition: Put your own house in order before you patronise foreigners about disability

24 Tuesday Sep 2013

Posted by Mike Sivier in Bedroom Tax, Benefits, Conservative Party, Disability, International Aid, Liberal Democrats, People, Politics, Poverty

≈ 46 Comments

Tags

access, benefit, benefits, burden, Coalition, cover-up, death, Democrat, demonise, destitution, developing world, disability, disabled, discrimination, education, employment, extreme poverty, government, great neglect, healthcare, human rights, hypocrisy, international development, Justice, Lib Dem, Liberal, Lynne Featherstone, Mike Sivier, mikesivier, minister, people, politics, purge, Samuel Miller, school, sick, social security, social support, special rapporteur, suicide, UK funding, un, unemployment, united nations, Vox Political, vulnerable, welfare


Lynne Featherstone: Her speech may have been well-intentioned, but was also patronising and hypocritical in the light of the Coalition's treatment of disabled people in the UK.

Lynne Featherstone: Her speech may have been well-intentioned, but was also patronising and hypocritical in the light of the Coalition’s treatment of disabled people in the UK.

Today the Coalition government announced it is showing the developing world how to treat people with disabilities (don’t laugh) – by ensuring that schools built with direct UK funding will have easy access for the disabled.

According to a government press release, Liberal Democrat International Development Minister Lynne Featherstone used the High Level Meeting on Development and Disability at the United Nations in New York – the biggest disability rights meeting in five years – to call on the international community to tackle the ‘great neglect’ of a billion people globally who face unequal access to education, employment, healthcare, social support and justice as a result of disability.

Did her speech make any mention of the ‘great neglect’ of people in her own country who face discrimination on exactly the same grounds, caused by her government?

“Those living with a disability are disproportionately some of the poorest and most marginalised people in the world – part of an unseen great neglect,” she told the meeting. “It is telling that of the 57 million children currently out of school in the world today, over a third have a disability.

“As a global community, we have a duty to safeguard the most vulnerable. If developing countries are to move forward into prosperity and greater self-reliance, they must take everyone on the journey.

“That’s why from this day forward, all schools built with the direct support of British taxpayers will be designed to allow disability access.

“With the ongoing discussion of what development should focus on when the Millennium Development Goals expire in 2015, we have a once-in-a-generation chance to finally put disability on the agenda.”

Leaders of developing countries would have been justified in looking askance at the British minister while she was making this speech, with her hypocrisy on display for everybody to see.

They would be right to ask themselves: “Is this not a minister from a country that demonises its disabled people? That treats them as a burden on the community? That is trying to purge its society of them?

“Did her government not drive 73 disabled people per week to suicide or death through the exacerbation of their health problems – both brought on by cuts to state benefits and the threat of destitution – during 2011? And is her government not now refusing to provide up-to-date figures on the deaths its policies have caused?

“Does this not mean that deaths of disabled people caused – directly or indirectly – by UK government policies have increased dramatically during this time period, and the same government is trying to cover up the fact?”

It is notable that the government’s announcement landed on the same day that disability activist Samuel Miller received the following correspondence from the office of the UN’s special rapporteur on extreme poverty and human rights:

“On behalf of the Special Rapporteur, thank you very much for your communications… Ms Sepulveda is observing very closely the situation with the UK welfare policies and their effects on persons living in poverty, including persons with disability.

“She is doing her best within the limits of her mandate to address such situations not only in the UK but globally through direct engagement with Governments.

“She would like to commend you for your tireless efforts and wishes you all the best in your endeavours.”

In the light of all this, would leaders of developing countries not be right, while thanking the UK government for its well-intentioned offer, to ask why Ms Featherstone feels justified in talking down to them about the disabled when her government refuses to allow those in its own country an opportunity to live with dignity.

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Perverting the course of justice: Once a crime, now government policy

29 Monday Jul 2013

Posted by Mike Sivier in Benefits, Conservative Party, Corruption, Disability, Justice, Law, People, Politics, UK, unemployment, Workfare

≈ 23 Comments

Tags

afford, Atos, BBC, benefit, benefits, Black Triangle Campaign, Cait Reilly, campaign, Chris Grayling, Coalition, Conservative, cost, Dave Prentis, David Cameron, disability, disabled, economy, emergency, employment, Employment and Support Allowance, employment scheme, ESA, European Convention on Human Rights, fit for work, government, Jamieson Wilson, judicial review, Justice, law, legal aid, legalise, Lord Judge, Michael Meacher, Mike Sivier, mikesivier, MIND, people, pervert, policy, politics, poor, Poundland, pressure group, privilege, Public Interest Lawyers, Rethink Mental Illness, retroactive, retrospective, sick, social security, Supreme Court, Telegraph, The Guardian, unemployment, Unison, Vox Political, WCA, wealth, welfare, work, work capability assessment, Workfare


Chequebook justice: Your unelected government wants to ensure that nobody can challenge its policies and decisions - by putting justice within the reach of only the wealthy.

Chequebook justice: Your unelected government wants to ensure that nobody can challenge its policies and decisions – by putting justice within the reach of only the wealthy.

David Cameron and Chris Grayling have been messing with the justice system again. This time, according to The Telegraph, they are planning to make it “tougher” for judicial reviews to be brought to court, to stop the process being “abused” by pressure groups and campaigners.

There’s a lot of Telegraph-speak in that first paragraph, as the Tory-supporting newspaper was working desperately to make governmental perversion of justice acceptable. What this actually means is that Cameron wants to make it impossible for organisations that are capable of mounting legal opposition to unreasonable Conservative/Coalition policies ever to do so.

The only people able to seek judicial reviews of government policy would be individuals who are directly affected – and the government is hoping that these mostly poor people would be unable to afford the cost, thanks to changes in Legal Aid that mean it could not be claimed for welfare or employment cases.

You see how this works? With those changes to Legal Aid and the possibility of wholesale privatisation of the entire court system, where justice was once open to everyone, it will soon be a privilege available only to the wealthiest in the UK.

To Cameron, and his crony Grayling, justice isn’t for you. In fact, it won’t be for anyone. The UK will be about money and power, just as Michael Meacher stated in his recent blog article.

So, for example: The ‘Poundland’ case, which The Guardian reported was to be heard in the Supreme Court yesterday (Monday). The original judicial review was launched in the names of Cait Reilly and Jamieson Wilson, who were both directly affected – but were both unemployed and penniless, and therefore could not afford to take the case to court on their own. Their case was brought with the aid of Public Interest Lawyers – who would most likely be barred from taking part, being considered a pressure group with no direct interest in the matter.

The original case resulted in the government taking the unusual – and highly suspect (in legal terms) – step of passing an emergency retroactive law to legalise its employment schemes, after the tribunal ruled that all of the Coalition’s schemes were acting illegally and opened the government up to a potential £130 million worth of claims for wrongfully-withheld benefits.

PIL has now started a second judicial review – on the retrospective law – claiming it undermines its clients’ right to justice and violates article 6 of the European Convention on Human Rights. Under the new procedures this, too, would be inadmissible.

On the same lines, the judicial review that ruled (in May) that the test used to decide whether people are fit for work actively discriminates against the mentally ill, brought by the Black Triangle Campaign with the charities MIND and Rethink Mental Illness, would also be inadmissible.

So we have examples in which it is clearly in the interests of justice for new laws to be challenged – but which would be blocked outright under Cameron and Grayling’s plan.

According to The Telegraph, “Ministers plan to change the test for applying for a review so that only people with a direct link to policies or decision can challenge it, rather than anyone with a ‘sufficient interest.’

“The concerns echo those of the Prime Minister who previously said the judicial review process was slowing the country’s economic growth as well.”

In fairness, the paper adds: “There are fears that changing the judicial review process could lead to government decisions going unchecked, and charities have also raised concerns about not being able to use the process to challenge decisions and ensure the government is meeting its obligations.”

Meanwhile, Unison has been given leave to launch a judicial review of the introduction of fees for workers seeking employment tribunals.

The BBC reported that people wanting to bring tribunals must now pay a fee for the first time since they were created in the 1960s. It will cost £160 to lodge a claim for matters such as unpaid invoices, with a further charge of £230 if it goes ahead.

More serious claims, such as for unfair dismissal, would cost £250 to lodge, and a further £950 if the case goes ahead.

The plan here is clearly to make it impossible for an unfairly-sacked worker to take a firm to judicial review; how many poorly-paid working class people (and remember, wages have fallen by nine per cent since the credit crunch) have twelve hundred quid knocking around in their back pockets?

“The introduction of punitive fees for taking a claim to an employment tribunal would give the green light to unscrupulous employers to ride roughshod over already basic workers’ rights,” Unison general secretary Dave Prentis told the BBC.

“We believe that these fees are unfair and should be dropped.”

The judicial review will take place in October. Considering Lord Judge’s recent change of heart over privatisation of the courts, it’s a safe bet that by then the government will have ‘persuaded’ any judges hearing the case to support the new charges.

As Mr Meacher wrote: David Cameron’s instincts are “that there is no such thing as the rule of law, and that the only things that ultimately matter are power, fear and money”.

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