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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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‘Gagging Bill’ put on hold as government fears defeat

06 Wednesday Nov 2013

Posted by Mike Sivier in Business, Conservative Party, Corruption, Democracy, Politics, Public services, UK

≈ 13 Comments

Tags

'light touch', access, amendment, Andrew Lansley, attack, Big Money, bill, blacklist, charity, chequebook, Coalition, Conservative, constituency, control, corporate, corporations, delay, democracy, election, English, firm, Freedom of Information, gagging, government, health, Health and Social Care Act, Independent, law, legislation, lobbyist, Lord, Lord Wallace, Mike Sivier, mikesivier, National Health Service, NHS, Non-Party Campaigning and Trade Union Administration Bill, Parliament, pause, peer, people, politicians, politics, press conference, private, rallies, rally, register, rethink, spending, third party campaign, Tories, Tory, Transparency of Lobbying, transport, UK Public Affairs Council, union, voluntary, Vox Political


[Picture: PR Week]

[Picture: PR Week]

The Coalition government’s latest attack on democracy has been halted before it reached the House of Lords, after ministers realised peers weren’t going to put up with it.

The ‘Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration’ Bill was due to be discussed by peers this week, but the part dealing with third-party campaigning such as that carried out by charities and popular organisations has been put back until December 16 after a threat to delay the entire bill for three months.

The government wants to “rethink” its plans to restrict campaigning by charities, it seems. Hasn’t it already done so twice before?

Andrew Lansley tabled a series of amendments, including one reverting to wording set out in existing legislation, defining controlled expenditure as any “which can reasonably be regarded as intended to promote or procure electoral success”, on September 6.

But the plan was still to “bring down the national spending limit for third parties, introduce constituency spending limits and extend the definition of controlled expenditure to cover more than just election material, to include rallies, transport and press conferences”, as clarified by the government’s own press release.

Lansley published further amendments on September 26, claiming that these would:

  • Remove the additional test of “otherwise enhancing the standing of a party or candidates”. This is to provide further reassurance to campaigners as to the test they have to meet in order to incur controlled expenditure. A third party will only be subject to regulation where its campaign can reasonably be regarded as intended to “promote or procure the electoral success” of a party of candidate,
  • Replace the separate listings for advertising, unsolicited material and manifesto/policy documents with election “material”; this is the language used in the current legislation that non-party campaigners and the Electoral Commission are already familiar with, and on which the Electoral Commission have existing guidance,
  • Make clear that it is public rallies and events that are being regulated; meetings or events just for an organisation’s members or supporters will not be captured by the bill. “We will also provide an exemption for annual events – such as an organisation’s annual conference”,
  • Ensure that non–party campaigners who respond to ad hoc media questions on specific policy issues are not captured by the bill, whilst still capturing press conferences and other organised media events, and
  • Ensure that all “market research or canvassing” which promotes electoral success is regulated.

But this blog reported at the time that anyone who thinks that is all that’s wrong with the bill is as gullible as Lansley intends them to be.

As reported here on September 4, the bill is an attempt to stifle political commentary from organisations and individuals.

New regulations for trade unions mean members could be blacklisted – denied jobs simply because of their membership.

Measures against lobbyists – the bill’s apparent reason for existing – are expected to do nothing to hinder Big Money’s access to politicians, and in fact are likely to accelerate the process, turning Parliamentarians into corporate poodles.

Where the public wanted a curb on corporations corruptly influencing the government, it is instead offering to rub that influence in our faces.

In fact, the Government’s proposed register would cover fewer lobbyists than the existing, voluntary, register run by the UK Public Affairs Council.

And now a bill tabled by Andrew Lansley has been given a “pause” for reconsideration. Is anybody else reminded of the “pause” that took place while Lansley’s Health and Social Care Act was going through Parliament? In the end, the government pushed it through, regardless of the screams of outrage from the medical profession and the general public, and now private health firms are carving up the English NHS for their own profit, using Freedom of Information requests to undermine public sector bids for services.

In the Lords last night, according to The Independent, ministers were pressured to include in-house company lobbyists in the proposed register, if it is to have any credibility.

But Lord Wallace said the proposed “light touch” system would be more effective and the register was designed to address the problem of consultant lobbying firms seeing ministers without it being clear who they represented – in other words, it is intended to address a matter that isn’t bothering anybody, rather than the huge problem of companies getting their chequebooks out and paying for laws that give them an advantage.

We should be grateful for the delay – it gives us all another chance to contact Lords, constituency MPs and ministers to demand an explanation for this rotten piece of legal trash.

If they persist in supporting this undemocratic attack on free speech, then they must pay for it at the next election.

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DWP calls in Rentadoc to harass the sick off-benefit

04 Monday Nov 2013

Posted by Mike Sivier in Benefits, Business, Conservative Party, Disability, Employment, Health, People, Politics, UK, unemployment, Workfare

≈ 41 Comments

Tags

abuse, accountancy, accountant, allowance, amputate, Atos, avoidance, belief, benefit, Big Four, Black Country, bloodbath, breakdown, claimant, condition, corporate, cut, death, Deloitte, Department, depress, Derbyshire, disability, disable, doctor, employment, ESA, esther mcvey, government, grow back, harass, health, healthcare, Iain Duncan Smith, Ingeus UK, Jobseeker's Allowance, JSA, law, Leicestershire, limb, Lincolnshire, mental, Mike Sivier, mikesivier, minister, Multiple Sclerosis, nervous exhaustion, Northamptonshire, Nottinghamshire, Parkinson's, Pensions, people, physical, politics, premature, professional, provider, rentadoc, required, Rutland, Shropshire, sick, social security, spending, Staffordshire, suicide, support, tax, threaten, unemployment, Vox Political, welfare, welfare to work, work, Work Programme, work-related activity, worse, WRA


Ingeus out of favour: This image was found on a site protesting against Workfare and demonstrates the high regard in which it is held by previous users of the Ingeus service.

Ingeus out of favour: This image was found on a site protesting against Workfare and demonstrates the high regard in which it is held by previous users of the Ingeus service.

Perhaps we’re jumping the gun with the headline but alarm bells tend to go off when you read that “people on sickness benefits will be required to have regular meetings with healthcare professionals to help them with their barriers to work”.

Everyone working on Employment and Support Allowance should already know what everyone receiving it knows – it’s more a bloodbath than a benefit.

This is down to the attitude of the healthcare professionals already working on it – the people who (and God forbid you should ever ask to see their qualifications) automatically sign 70 per cent of claimants as ‘fit for work’, whether they are or not, and tell most of the rest they need to be work-ready within a year.

The result? Mental breakdowns, depression and suicides; physical breakdowns, worsening of existing conditions, and premature deaths. By the thousand.

These are the people who ask claimants when amputated limbs are going to grow back, and who tell people with Parkinson’s disease and multiple sclerosis that they’ll be fit for work within six months.

If you did (God forbid) ask them where they got their qualifications, it was probably the Teaching Hospital of Noddyland.

“People on sickness benefits will be required to have regular meetings with healthcare professionals to help them address their barriers to work – or face losing their benefits [italics mine] – in a two-year pilot scheme in central England which begins in November,” the DWP press release states.

Isn’t this what happened with people on Jobseekers’ Allowance? Suddenly they had to start fulfilling lots of pointless extra requirements or their benefits would be withdrawn? Part of that is a regular meeting in which – as far as we can ascertain – innocent people are harassed, threatened and abused by DWP employees who are themselves, it seems, millimetres away from nervous exhaustion brought on by the pressures of the job.

Claiming benefits, it seems, is now an endurance test: Who cracks (up) first?

Now, for 3,000 people in the work-related activity group for ESA in the Black Country, Derbyshire, Leicestershire, Northamptonshire, Lincolnshire, Nottinghamshire, Rutland, Staffordshire and Shropshire, there’s no relief even if they have a nervous breakdown and have to claim ESA on mental health grounds.

“People involved in the pilot – who have all been assessed as being able to work at some point in the future – will have regular appointments with healthcare professionals as a condition of receiving their benefit, to focus on helping them move closer to being able to get a job.”

There you go – all judged as able to work in the future. Presumably Iain Duncan Smith has taken a look at their files, glanced into his crystal ball, and declared that he has a “belief” in their fitness to work. If any of these people are reading, please contact this blog if you have a progressive health condition that won’t ever improve.

Because the meeting is a condition of receiving benefit, anyone attending can expect to be treated abominably. This is not about helping you back to work, or even back to health; it’s about kicking you off-benefit and nothing further. The aim, as with JSA, is to cut claimant numbers and thereby cut spending.

“It’s really important we give people who are disabled or have a health condition the support they need to get into work if they are able,” said employment minister Esther McVey who knows nothing about this at all (despite having been minister for the disabled).

“Traditionally, this help has tended to be work-related, but this pilot will look at whether a more holistic approach is more successful in helping people to manage their conditions and so break down their barriers to work.”

The biggest barrier to a person with a disability getting work is the fact that the Conservative-led Coalition government has been closing down employment opportunities for them and removing incentives for employers to take them on.

The healthcare professionals will be provided by Ingeus UK – a welfare-to-work provider that has been involved in the Work Programme – you know, the time-wasting scheme in which jobseekers are taken off the unemployment statistics while they learn simple skills that, in fact, most of them already have.

The company’s website is very slick but contains no information about the number of doctors in its employ.

Oh, and guess what? The company is half-owned by Deloitte, one of the ‘Big Four’ accountancy firms that currently writes British tax law to make avoidance easy for the big corporates. How much tax has Ingeus paid lately?

“Everything we do is results driven”, the site declares.

One wonders what Ingeus will do when the casualties start piling up.

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This benefits bully harasses the powerless but runs away from criticism

01 Friday Nov 2013

Posted by Mike Sivier in Benefits, Conservative Party, Cost of living, Disability, Employment, People, Politics, Poverty, tax credits, UK, unemployment, Workfare

≈ 29 Comments

Tags

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


131101IDS1

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Is this why Iain Duncan Smith is hiding?

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

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

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

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

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

Follow me on Twitter: @MidWalesMike

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UN housing investigator’s report exposes Shapps’ lies

11 Wednesday Sep 2013

Posted by Mike Sivier in Benefits, Conservative Party, Housing, Law, People, Politics, Poverty, UK

≈ 24 Comments

Tags

abolish, BBC, bedroom tax, benefit, benefits, Coalition, Conservative, Daily Record, debt, Department for Work and Pensions, disability, disabled, discretionary housing payment, DWP, government, Grant Shapps, hardship, health, housing, human rights, law, liar, lobbying, Mike Sivier, mikesivier, people, politics, preliminary report, Raquel Rolnik, regressive, retrospective, Samuel Miller, sick, social security, spare room subsidy, special investigator, tax, The Guardian, Tories, Tory, unemployment, united nations, Vox Political, welfare, work, Work Programme, Workfare


A liar revealed: Grant Shapps, chairman of the Conservative Party (not 'Michael Green', as his name-badge suggests). The assertions he made this morning were proved wrong this afternoon.

A liar revealed: Grant Shapps, chairman of the Conservative Party (not ‘Michael Green’, as his name-badge suggests). The assertions he made this morning were proved wrong this afternoon.

Oh, so she wasn’t invited by the government and she didn’t visit government offices, did she?

And did she really not use the proper terms for government policies like the bedroom tax?

The press statement by Raquel Rolnik, UN special rapporteur on adequate housing, on her mission to examine the effects of the bedroom tax on the people of the UK suggests otherwise. In no uncertain terms.

Once again, Grant Shapps is exposed as a liar.

He is the chairman of the Conservative Party, the organisation that tells us it is running the country, and you can’t believe a word he says.

But we’ll let the report speak for itself, shall we?

London, 11 September 2013

Introduction

From 29 August to 11 September 2013, I undertook an official visit to the United Kingdom of Great Britain and Northern Ireland at the invitation of the Government. My visit included various cities in England, Scotland and Northern Ireland. I also had the opportunity to meet Government office from Wales in London.

The main objective of my visit was to assess the country’s achievements and challenges in guaranteeing the right to adequate housing and non-discrimination in this context, in accordance with existing international human rights standards. The assessment includes legislation and policy frameworks as well as the consideration of concrete outcomes from those policies, examining how they respond to the housing needs of women, men and children, with a particular focus on those most vulnerable and disenfranchised.

I wish to start this statement by expressing my gratitude to the various Government Departments, for the cooperation and hospitality extended to us during the organization and throughout the development of this fact-finding visit. I have had the opportunity to meet with numerous Government officials, including some Ministers. In England I met with the Department for Communities and Local Government, the Department for Environment, Food and Rural Affairs, the Ministry of Justice, the Department of Work and Pensions, the Homes and Communities Agency, the Department for International Development and the Manchester City Council. I also met with officials from the Department of Housing and Regeneration from the Welsh Government. In Scotland, I met with the Scottish Government, including the Housing Services and Regeneration, the Housing Supply, the Homelessness and Equality Policy Departments; and with the Scottish National Housing authorities and Planning and Architecture Division. In Northern Ireland, I had the opportunity to meet with the Department for Social Development, and with the Northern Ireland Housing Executive.
I am also grateful for the opportunity to meet with the Equality and Human Rights Commission, including a representative from Wales, the Scottish Human Rights Commission, the Northern Ireland Human Rights Commission and with a wide range of civil society organizations, including housing charities, human rights organizations, housing federations, housing associations, campaigners, researchers, litigators and academics.

Lastly, but most importantly, I am thankful for the opportunity to visit housing estates, local areas, Gypsy/Traveler sites and homeless centers, which took place in London, Basildon, Edinburgh, Glasgow, Belfast and Great Manchester. I was able to hear first-hand testimonies and insights from residents of all ages, and witness living conditions. I wish to thank all those who took the time to meet with me, to travel to join meetings and hearings, and to offer their personal experiences to help me better understand the situation. Without their involvement, support and cooperation this mission would not have been possible.

Preliminary remarks

As I have said throughout my visit, the United Kingdom has much to be proud of in the provision of affordable housing. It has had a history of ensuring that low-income households are not obliged to cope with insecure tenure and poor housing conditions, and can be well-housed. Some of the policies and practices that have played a role in providing social housing include the construction and further regeneration of a large social housing stock as well as a welfare system which covers housing as part of a social safety net. These can serve as an inspiration to other parts of the world. There are also specific efforts to prevent and address homelessness, and the Scottish Homelessness Act abolishing a priority needs test deserves mentioning. These, and others, must be commended and recognized as good human rights practices to be sustained for present and future generations, both by the Central Government as well as the devolved Governments in Wales, Scotland and Northern Ireland.

At the same time, I wish to suggest that the United Kingdom’s Government revisits some policy decisions with direct and indirect impacts on housing as a human right. I will limit myself to a few preliminary and provisional remarks on some of the issues of special concern. These along with other topics will be explored in more detail in my official report to the United Nations Human Rights Council at its 25th session in March 2014.

In carrying out my assessment, I am guided by relevant international human rights law, in particular by the International Covenant on Economic, Social and Cultural Rights, articles 2 and 11. The United Kingdom ratified this binding instrument on 20 May 1976 without reservations. According to it, the United Kingdom has obligations to take steps to ensure and sustain the progressive realization of the right to adequate housing, making use of the maximum of its available resources. Progressive realization represents a strong presumption against retrogressive measures in the protection and promotion of human rights. State parties cannot move backward without offering a strict, evidence-based justification of the need to take such measures and without having weighted various alternatives. Most importantly, Governments must put in place effective safeguards to protect the most vulnerable sectors of society if such decisions are made.

Some of my main preliminary findings indicate signs of retrogression in the enjoyment of the right to adequate housing. It is not clear that every effort has been made to protect the most vulnerable from the impacts of retrogression, indeed much of the testimony I heard suggests they are bearing the brunt. Housing deprivation is worsening in the United Kingdom. Increasingly, people appear to be facing difficulties to accessing adequate, affordable, well located and secure housing. The numbers of people on waiting lists for social housing have risen, with reports indicating waits of several years to obtain a suitable house.

The trend has been to give priority to home ownership in detriment of other forms of tenure and to encourage a private renting sector with flexible tenure arrangements. Today, in England, approximately 17.4% of the population is renting in the private market and social housing renters provides for 17.3%. Figures of social renters are slightly higher in Scotland and Northern Ireland, but considerably lower than two decades ago everywhere in the UK. Furthermore, private tenancies can be as short-lived as six months and significantly more expensive than the social rental sector.

Home ownership has provided housing for more than one generation and it is deemed a common aspiration for many. However, the takeover of the housing sector by the financial sector has exposed many households to a highly volatile market, with skyrocketing prices during the boom years and, since 2008, a credit crunch that has essentially paralyzed access to credit. Various stakeholders have warned of potential risks once the interest rate on mortgages starts to claim back. In Northern Ireland, repossessions due to mortgage default continue to be one of the issues of concern.

In England the Government and most stakeholders report that there is a clear shortage of housing due to a mismatch between supply and demand. For example, estimations range around 221,000 new homes needed in England per year, with less than 50% of this need actually being met (approximately 110,000). In view of the Government, this shortage is due to two main factors: the lack of available financing for the housing sector and planning constraints which lead to lack of available land for housing development.

In order to respond to this critical situation, the current Government has launched several initiatives contained in its 2012 Housing Strategy in England, and has created various schemes for investment such as “Help to buy equity loan” and the “Build to Rent” to support private house buyers and developers. A smaller funding allocation is provided for grants for affordable housing under this same package of initiatives. In devolved Governments, various schemes have also been created. For example, in Wales, the “Houses to Homes” initiative aims at bringing long term empty homes back into use.

A second element of this strategy is a significant reform to the planning system which, among other aspects, aims at reducing long and cumbersome administrative processes, by eliminating the regional level planning and pre-defined benchmarks for local councils to provide housing. In turn, this means that local authorities have more responsibilities as well as more direct and autonomous decision-making power. In Scotland, regional level planning has been retained in the four largest cities. A third aspect of the strategy involves the unlocking and selling of public land for housing development, through auctions in the private market without any conditionality.

Simultaneously, the Government has also taken fiscal austerity measures in the context of the economic downturn in efforts to curve spending. The Welfare Reform Act of 2012 which applies UK-wide, includes some measures that have particular impact on the housing benefits, including the housing benefit cap, reductions in legal aid, and in council tax benefit.

Especially worrisome in this package is the so-called “bedroom tax”, or the spare bedroom under occupancy penalty. It came into force on 1 April 2013, without having been previously piloted. It essentially means a reduction in the amount of benefit paid to claimants if the property they are renting from the social housing sector is considered under occupied. The Government has argued that this policy reduces dependency and will make available a stock of under occupied homes.

Fiscal austerity measures include budget cuts in local Government expenditure, as well as significant reduction on the grants available for housing associations to provide social and affordable homes. This implies that social landlords will be required to reach out to the private financial markets in order to fund their building activities. As a consequence they will be pressured to increase their profit-making activities, potentially being forced to increase rent and reduce the stock made available to social renters.

Let me briefly examine how these measures are in line with the right to adequate housing and their impact on the lives of individual people. Allow me to explain.

It is true and I fully share the view of many stakeholders that house building is essential for the economy and for creating much needed jobs. I also fully share the view that there is a shortage on the supply side of the equation, especially in some high demand areas like London or other main cities. However the right to adequate housing compels Governments to look beyond aggregated general figures of supply and demand in order to place housing needs – and not housing markets – at the center of the decision-making.

The right to housing is not about a roof anywhere, at any cost, without any social ties. It is not about reshuffling people according to a snapshot of the number of bedrooms at a given night. It is about enabling environments for people to maintain their family and community bonds, their local schools, work places and health services allowing them to exercise all other rights, like education, work, food or health.

Some researchers argue that the “Help to Buy” scheme can intensify the pressure on prices, which are already high in a number of places. Also, according to recent trends in the housing market and taking into account the high prices of land, market builders have moved towards the higher end of the market. This will not increase the supply for the ones who are struggling to pay their rents or who linger for years in the social housing waiting lists.

Historically, access to affordable housing has been sustained by two main policies, namely, development of social housing with public funding and a needs-tested welfare system including housing benefits and other services that have been directly or indirectly been linked to housing for low income households.

I would like to refer now to the package of welfare reform and its impact on a number of human rights, but especially on the right to adequate housing, such as for those seeking to live independent and dignified lives with physical and mental disabilities. The so-called bedroom tax is possibly the most visible of the measures. In only a few months of its implementation the serious impacts on very vulnerable people have already been felt and the fear of future impacts are a source of great stress and anxiety.

Of the many testimonies I have heard, let me say that I have been deeply touched by persons with physical and mental disabilities who have felt targeted instead of protected; of the grandmothers who are carers of their children and grandchildren but are now feeling they are forced to move away from their life-long homes due to a spare bedroom or to run the risk of facing arrears; of the single parents who will not have space for their children when they come to visit; of the many people who are increasingly having to choose between food and paying the penalty. Those who are impacted by this policy were not necessarily the most vulnerable a few months ago, but they were on the margins, facing fragility and housing stress, with little extra income to respond to this situation and already barely coping with their expenses.

Another aspect that deserves some comments is the reform of planning policies in England, gives local level authorities expanded responsibilities. The power dynamics of a particular local council may not allow for a forceful negotiation with developers, to speed up delivery, and this situation may last for years despite the urgent need for additional housing stock. In fact, several documents and assessments acknowledge that land with permits has increasingly become the asset in itself, rather than an asset for the social well-being of the community. Similarly, it is also of concern that there is no property tax on land, including dormant or vacant land for years. Land value, including in the financial circuits, has escalated in the last decades, yet it is still mostly regarded as a private matter, hence for-profit. I would recommend that the Government sets a regulatory framework to avoid this kind of speculation.

Similarly, on the land and planning strategies let me say that selling public land to private developers for the best price can mean that a valuable public resource is not being used as a means to increase the availability of housing for those who need it, in times of housing stress. A significant part of the existing social housing stock in UK was built on local council and other public land. In times of pressure on affordable housing, the mobilization of public land can be an important tool, so I recommend that the Government releases public sector land only for social and affordable housing to be built.

Planning systems reforms are also being considered in Northern Ireland, devolving powers to Local Councils, which will also be territorially redefined. In this context, I want to express my concern at the potential that this decentralization may have for increased sectarianism and discrimination.

In closing, let me also mention that during my visit I have also received multiple testimonies on the shortage of sufficient, adequate and safe sites for Gypsy and Traveller communities across the United Kingdom, many of whom feel this is part of the stigma and discrimination they regularly face from Governments and society as a whole. Despite multiple efforts and policies put in place to address this situation, it is fair to say that leaving local authorities to make their own decisions with no accountability and national process to reconcile the Gypsy and Traveller communities with settled communities remains a source of concern. Gypsy and Traveller communities too should engage more in the political debate and make efforts to ensure that their situation effectively changes.

Other population groups, highlighted by the Committee on Economic, Social and Cultural Rights in 2009, which continue to face inadequate access to affordable housing are Catholics in Northern Ireland, specifically in North Belfast. The current allocation scheme was created to be fair and open, and to allocate accommodation on the basis of meeting the housing need of people. Despite the efforts of the Northern Ireland Housing Executive, I remain concerned that full equality has not been achieved yet.

I also received information and testimonies about discrimination in access to housing by EU citizens, migrant workers and their families, refugees and asylum seekers. I am especially concerned with the policy which places the responsibility (backed by the threat of a fine) on landlords to check residence status of tenants, which I have heard often pushes undocumented people into the most insecure, worst quality and poorest located housing.

Summary of recommendation

As a brief summary of my preliminary remarks, I would like to highlight three recommendations:
First, and foremost, I would suggest that the so-called bedroom tax be suspended immediately and be fully re-evaluated in light of the evidence of its impacts on the right to adequate housing and general well-being of many vulnerable individuals.
Secondly, I would recommend that the Government puts in place a system of regulation for the private rent sector, including clear criteria about affordability, access to information and security of tenure.
Thirdly, I would encourage a renewal of the Government’s commitment to significantly increasing the social housing stock and a more balanced public funding for the stimulation of supply of social and affordable housing which responds to the needs.

I hope that my visit and subsequent report will be able to assist the Governments in England, Scotland, Northern Ireland and Wales in these efforts and I look forward to continuing the constructive dialogue established during my visit.

Look at those recommendations.

Ms Rolnik has put the UK’s Coalition government in direct opposition to the United Nations. There is no way the Conservatives will accept the need to repeal the bedroom tax. The Party of Deregulation will never willingly install a new regulatory procedure and increasing social housing would reverse a policy they have been running since the days of Thatcher.

Shapps’ complaint to the UN secretary general will come to nothing because he doesn’t have a leg to stand on.

And anyway – to mix metaphors – the shoe is on the other foot now.

Do not expect to see this in the right-wing mass media unless they are given no choice about it, as it shows up the Coalition government for the steal-from-the-poor-to-give-to-the-rich, money-grubbing liars that they have been all along – and that’s not part of the narrative the Murdoch press or the Daily Heil want to push onto you.

But something’s going to happen because the Coalition – and especially the Tories – are being told in no uncertain terms: Change direction or be declared an outlaw state.

It’s as serious as that.

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UN bedroom tax report reveals truth about Tories

11 Wednesday Sep 2013

Posted by Mike Sivier in Benefits, Conservative Party, Housing, Law, People, Politics, Poverty, Tax, UK

≈ 39 Comments

Tags

abolish, BBC, bedroom tax, benefit, benefits, Coalition, Conservative, Daily Record, debt, Department for Work and Pensions, disability, disabled, discretionary housing payment, DWP, government, Grant Shapps, hardship, health, housing, human rights, law, liar, lobbying, Mike Sivier, mikesivier, people, politics, preliminary report, Raquel Rolnik, regressive, retrospective, Samuel Miller, sick, social security, spare room subsidy, special investigator, tax, The Guardian, Tories, Tory, unemployment, united nations, Vox Political, welfare, work, Work Programme, Workfare


The facts: United Nations special investigator Raquel Rolnik has been criticised by Grant Shapps because she has refused to allow the government to influence her report on how the Bedroom Tax has inflicted misery on families across the UK.

The facts: United Nations special investigator Raquel Rolnik has been criticised by Grant Shapps because she has refused to allow the government to influence her report on how the Bedroom Tax has inflicted misery on families across the UK. (Picture: Daily Mirror)

What a spoilt little brat Grant Shapps has shown himself to be.

After the United Nations’ special investigator on housing told the Coalition government it should scrap the bedroom tax, describing the policy’s effect on vulnerable citizens as “shocking”, he threw a hissy fit.

He claimed that Raquel Rolnik had been biased from the start and had not met any ministers or officials, and said he would be writing to protest to the UN secretary general.

Why would an investigator, who has come to this country to see for herself the actual effect of a government policy, waste any time listening to ministers who want to overwrite her report with their own agenda?

Ms Rolnik is perfectly capable of accessing the reams of material that has already been written by the government about the bedroom tax – or spare room subsidy, as Mr Shapps (if that’s what he’s calling himself today) still insists on describing it.

She wanted to find out what it actually means to people it affects. And she did find out, didn’t she?

“My immediate recommendation is that the bedroom tax is abolished,” she said.

“I was very shocked to hear how people really feel abused in their human rights by this decision and why – being so vulnerable – they should pay for the cost of the economic downturn, which was brought about by the financial crisis. People in testimonies were crying, saying ‘I have nowhere to go’, ‘I will commit suicide’,” she told The Guardian.

Ms Rolnik told the newspaper she was “disturbed by the extent of unhappiness caused by the bedroom tax and struck by how heavily this policy was affecting ‘the most vulnerable, the most fragile, the people who are on the fringes of coping with everyday life’.”

She said that the bedroom tax should be scrapped and rapped the Coalition for damaging the UK’s record on human rights by allowing it onto the statute books. She said the UK’s previous good record was being eroded by a failure to provide enough social housing.

And she said the government’s regressive changes to social security were forcing the poorest in the country to suffer extreme hardship, just to keep a roof over their heads. The country was “going backwards in the protection and promotion of the human right to housing“.

“It’s so clear that the government didn’t really assess the impact on lives when it took this decision. The mechanism that they have in place to mitigate it – the discretionary payment that they provide the councils with – it doesn’t solve anything, it’s for just a couple of months, and the councils cannot count on that on a permanent basis.

“They don’t know if it’s going to be available next year, so it’s useless,” she said.

The UN investigator spoke to dozens of council house tenants during a two-week visit in which she travelled to Belfast, Manchester, Glasgow, Edinburgh and London, visiting council estates, food banks, homelessness crisis centres, traveller sites and housing association developments. And she has received correspondence about the situation from people across the country.

The bedroom tax could constitute a violation of the human right to adequate housing in several ways, she said – for example, if the extra payments forced tenants to cut down on their spending on food or heating their home.

She said her conclusions should carry weight in British courts, where legal challenges to the bedroom tax are under way. “It depends on how much the judiciary here takes into account the international legislation. In principle they should because the UK has signed and ratified the International Covenant on Economic, Social and Cultural Rights,” she said, referring to the document which defines adequate housing as a human right.

This blog could not be more delighted by Ms Rolnik’s findings – even though that may seem a strange thing to say about such universally negative results. They vindicate everything that has been said here since August last year, and provide solid support to all the evidence sent by our good friend Samuel Miller, who has been providing evidence on this matter – and others – to the UN for a considerable time.

Mr Shapps has taken a different view – one that he managed to undermine personally by saying that Ms Rolnik had not been invited by ministers. According to the Daily Record, “It was the Tory-led Government who gave the Brazilian housing and architecture academic permission to carry out the study.” Shapps now denies this, but he is a well-known and long-since-exposed habitual liar, of course.

“It is completely wrong and an abuse of the process for somebody to come over, to fail to meet with government ministers, to fail to meet with the department responsible, to produce a press release two weeks after coming, even though the report is not due out until next spring, and even to fail to refer to the policy properly throughout the report,” he said.

Some might say the Tories would know all about abusing process, considering the way they pushed a retrospective law through Parliament after their government was found to be breaking the rules on Workfare/The Work Programme – or indeed with the so-called Transparency of Lobbying Bill today.

And is publication of a preliminary report not established practice in matters such as this?

As for whether it is improper to refer to the policy as a bedroom tax rather than a spare-room subsidy, let’s repeat the challenge: Would anybody connected to the government please indicate which piece of legislation enshrined a subsidy on spare rooms in law?

Any takers?

Didn’t think so.

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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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Cameron – corrupt corporate whore, according to Meacher

29 Monday Jul 2013

Posted by Mike Sivier in Conservative Party, Corruption, Politics, UK

≈ 18 Comments

Tags

alcohol, branding, BSkyB, cigarette, Coalition, commercial, Conservative, contempt, corporate, corporation, corruption, credibility, David Cameron, evidence, fear, fracking, international, Labour, law, Lynton Crosby, Michael Meacher, Mike Sivier, mikesivier, minimum, money, Packaging, Philip Morris, power, price, prostitute, prostrate, rebel, Rupert Murdoch, Syria, union, Vox Political, whore


A corporate whore servicing one of his clients: Apparently they're normally called 'Johns', but in the high-paid corporate whoring world they're known as 'Ruperts'. Both of them. Silly Ruperts.

A corporate whore servicing one of his clients: Apparently they’re normally called ‘Johns’, but in the high-paid corporate whoring world they’re known as ‘Ruperts’. Both of them. Silly Ruperts.

It seems opponents of the Coalition have realised its degraded claim to be a government is worthless and have decided to pour contempt on it at every opportunity.

I mention this after seeing Michael Meacher’s excellent column on David Cameron. The fake Prime Minister’s instincts, according to Mr Meacher 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”.

These words should come as hammer-blows to Cameron’s credibility. It is to his credit that Michael Meacher has written them – but also to the shame of the Labour front bench that none of them had the guts to come out with it first.

Mr Meacher supports his claims by laying out a wealth of evidence that, while the comedy PM crows on and on about Labour’s (non-existent) pandering to the unions, “there is almost nothing… that Cameron won’t do, no commercial interest he will disdain, no policy he will refuse to alter if it will ingratiate himself with the sources of money and power… He has prostrated himself before a wide range of commercial interests by changing government policy to suit them in order to recruit their money and power for himself and his party in the lead-up to 2015”.

He supports his assertions as follows:

1. Cameron was determined to hand BSkyB to Rupert Murdoch, in exchange for support for the next general election (he failed in this attempt).

2. He ditched plans to remove branding from cigarette packaging. It has emerged that his advisor Lynton Crosby’s company lobbies on behalf of tobacco giant Philip Morris International.

3. Soon after Crosby was hired by Cameron, the government dropped plans for a minimum alcohol price. Crosby’s Australian company has represented an alcohol industry group campaigning heavily against similar plans in that country.

4. Crosby’s company also represents an oil and gas lobby group that campaigns aggressively for fracking, so now the UK government is encouraging fracking with tax breaks for the companies involved.

5. Crosby’s UK company represented rebel forces in Syria for six months, which may explain Cameron’s decision to send weapons to the rebels (but again failed in the attempt, thanks to a rare outbreak of sanity in the House of Commons).

The government will no doubt try to counter these arguments but there is no credible way of doing so. We are able to judge our politicians by what they do – not what they say – and the evidence is available for all to see.

So, ladies and gentlemen, let’s change the pitch of news reporting this summer. Instead of the usual ‘silly season’, let’s make it open season on Cameron and his cronies. Let’s get all the evidence against them together and make it clear to the general public, via all possible avenues, what a craven cadre of corrupt corporate prostitutes they all are.

It shouldn’t be too hard.

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Labour’s latest welfare betrayal means the party could change name to ‘Red Conservatives’

06 Thursday Jun 2013

Posted by Mike Sivier in Benefits, Conservative Party, Disability, Economy, Labour Party, Media, People, Politics, UK, unemployment

≈ 64 Comments

Tags

BBC, bill, Blue, budget, cap, cause, Child Benefit, child poverty, Conservative, death, die, disability, disabled, dying, Ed Miliband, employers, George Osborne, health, help, industry, Jobseeker's Allowance, Labour, law, Liam Byrne, Mike Sivier, mikesivier, mislead, National Health Service, NHS, pay, Ralph Miliband, red, rent, safety, sick, social security, spending, Tony Benn, Tories, Tory, unemployment, univeral, Vox Political, wages, welfare, William Beveridge


Red Tory betrayal: He might as well have said, "We're going to grip the poor by the throat and push them down so far and so hard that they'll never be able to get on their feet again."

Red Tory betrayal: He might as well have said, “We’re going to grip the poor by the throat and push them down so far and so hard that they’ll never be able to get on their feet again.”

The Red Conservative Party has announced a new policy attack on people receiving benefits, in its latest bid to out-Tory the Blue Conservatives.

Ed Cameron announced that he would impose a three-year cap on any welfare spending not linked to the economic cycle, stealing an idea put forward by George Osborne of the original Conservative Party during the March budget.

He also vowed to make people work for two years before they qualify for a new, higher rate of Jobseekers’ Allowance.*

Shadow work and pensions secretary Iain Duncan Byrne said the cap would force a Labour government to engage in long-term reforms necessary to bring the welfare bill down.

Neither man actually spelled out which benefits would be affected by the cap.

But Ed Cameron tried to salvage his party’s reputation in the eyes of left-wing supporters by promising to drive down rents and improve pay.

And in a contradictory move, he said he would not abandon the long-standing goal of abolishing child poverty by 2020, even though his new policies mean that, inevitably, more children will suffer poverty through no fault of their own.

Cut through the spin and the above is, pretty much, what has been announced. The Labour Party is becoming even more right-wing, rather than less, as the Tory tabloids claimed when Ed Miliband became the leader.

It seems that failing to reverse the abolition of universal child benefit was just the tip of the iceberg, Ed Miliband’s father, Ralph Miliband, must be spinning in his grave… In fact, he’s probably drilling his way through the Earth’s crust towards countries unknown, in the same way I said William Beveridge must be, after Liam Byrne’s Guardian article on the welfare state in 2012.

What we’re seeing isn’t really a conversion to Conservatism – although the retention of critically dangerous neoliberal elements at the top of the party structure means this will continue to be a threat. It’s actually worse than that.

This is a Labour Party that goes any way the wind blows.

Does anybody remember the great Tony Benn’s comments about politicians being either signposts or weathercocks? It has been mentioned previously, in this blog. He said some politicians are like signposts. They point in the direction they want to travel and say, “This is the way we must go!” And they are constant. Others are like weathercocks; they lick their fingers, find out which direction the political winds are blowing and follow.

The Guardian illustrates that Miliband has become a cock in its article, stating that the new announcement “is seen as critical to Labour being able to claw back its poll deficit on welfare and show its ability to take tough decisions”.

It will do neither.

If Labour wanted to “claw back its poll deficit on welfare” it would be announcing new policies to tackle the causes of unemployment, sickness and disability, in order to ensure that unemployment was never again likely to rise as high as it has. This means helping industry; it means restoring the National Health Service; it means making sure employers – especially the really large ones who think they can get away with anything – conform strictly to health and safety laws and can’t blame employees’ work-based sicknesses on anything other than their own negligence.

It means setting the terms of a new debate on this issue – not meekly accepting the Conservatives’ warped frame of reference.

Because, you see, that doesn’t indicate an “ability to take tough decisions”. Nor does copying an idea already mentioned by a Conservative. Tough decisions are those that the public might find hard to accept at first – about policies that might need to be explained before they are accepted. Labour isn’t making any tough decisions. It is following the Conservative/Coalition example and that simply is not good enough.

The Guardian article says Labour hopes the electorate “will focus on the party’s decision to take a credible and specific stance on the deficit, after three years of low growth, rather than punish Labour for its apparent volte face [about turn] by ending three years of criticism of welfare cuts”.

There is no chance of that happening. The electorate is not stupid and I predict that those parts of it that have supported Labour as a force for working people, those who want to work but are unemployed through no fault of their own, and those who have been invalided out of work, again through no fault of their own, will desert the party en masse. Miliband and Byrne might pick up a few right-wing votes – but not enough to make a difference. They will lose far more than they will gain.

Note particularly that line about “ending three years of criticism of welfare cuts”. They’ve stopped criticising the Conservatives/Coalition about cuts that are literally ending UK citizens’ lives at an alarming rate. That is not – and will never be – justifiable on any level at all.

Let’s not forget that an average of 73 people a week are dying as a result of Conservative/Coalition policies on benefits – possibly many more, as this figure is nearly a year old. A Labour government that would allow this to continue is not an electable Labour government.

This announcement marks the beginning of the Conservative victory in 2015.

Thanks for nothing, Ed Miliband. Thanks for nothing, Liam Byrne.

Shame on you, you sell-outs.

*Interestingly, the Blue Conservative mouthpiece BBC misleadingly reported that Labour believed “only people who pay into the system for more than two years should get Jobseekers’ Allowance” at all! This seems to be an inaccuracy but it is damaging and more people will read it.

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ConDem government launches all-out attack on your freedoms (who’ll get your vote next week?)

26 Friday Apr 2013

Posted by Mike Sivier in Benefits, Conservative Party, Corruption, Disability, Health, Justice, Labour Party, Law, Liberal Democrats, People, Police, Politics, Tax, UK

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Snouts in the trough: The Conservative-led government is so shameless it thinks it can get away with brutal cuts to our standard of living - the week before an election.

Snouts in the trough: The Conservative-led government is so shameless it thinks it can get away with brutal cuts to our standard of living – the week before an election.

It’s all been about freedom this week – or the lack of it.

A couple of days ago, Mark McGowan took an unconventional journey to Downing Street. Mr McGowan, who has bowel cancer, decided to highlight the government’s privatisation of the NHS by pushing a toy pig, with his nose, the 4.1 miles from Kings College Hospital, in Camberwell Green, to 10 Downing Street in protest against regulations being discussed that day in the House of Lords. The new rules force commissioning groups to open all services to commercial competition, unless only one provider is available, in direct contradiction of the government’s own assurances.

Speaking before the event, Mr McGowan said a few words that were particularly illuminating. “Without a mandate, having concealed their health policy, this government is giving away NHS contracts to the highest bidder,” he said.

“Under the cloak of austerity, the primary purpose of this government is to move public money into private pockets, as fast as humanly possible. They are like pigs at the trough of public money.

“These people in government are liars, criminals and thieves and should be arrested for embezzlement of public funds. A staggering 206 parliamentarians have recent or present financial private healthcare connections; amazingly all of them were allowed to vote on the Health and Social Care Act.

“This is not a democracy.”

You’d have expected this expression of free speech to have received a huge amount of coverage in the free press, wouldn’t you? Well, think again because I just checked: An article in the Metro and a video on something called London24. That’s all.

Ah, but there’s always Facebook, where bloggers such as myself can freely direct readers such as yourselves to our work and highlight the subjects not covered in the so-called popular press, isn’t there?

Well, this was a story that Facebook was doing its damnedest to make sure didn’t get out.

It seems one of the earliest articles – the Scriptonite Daily blog – was unilaterally declared to be spam by Facebook, with references removed from the site, after the post received more than 1,000 shares.

Facebook then seemed to get a taste for censorship: The Pride’s Purge blog by Tom Pride received similar treatment after it posted links to an openly-satirical article (It was plainly marked ‘Satire’) about the Department for Work and Pensions and Atos.

Tom claimed in a later post that a JobCentre Plus worker “openly bragged” to him that JCP had complained to Facebook about him, and this had led to the censorship of his work.

Even this blog, which only posted links to other articles about these issues, was targeted for attack. As readers who link here from Facebook will know – you alerted me to it – we had a couple of days when visits here were accompanied by this stern warning: “Facebook thinks this site may be unsafe. If you’re not familiar with it, please provide feedback by marking it as spam (you’ll be brought back to Facebook).” As site statistics show, this was enough to put many readers off.

I wasn’t having it. I have written to Facebook, pointing out that the unfounded allegation is defamatory and demanding that reparations must be made – to charity, and to the Labour Party (of which I am a member), since this site is not for profit and the attacks seemed to be centred on left-leaning bloggers. They’ve got three weeks to respond, then I start adding noughts to the amount that I suggested.

Facebook has said the mass censorship was a mistake made by its automated systems – but you’d have to be gullible in the extreme to believe that.

So much for freedom of speech; so much for freedom of the press; so much for freedom on the Internet.

Yesterday it emerged that a man had been held in prison for two weeks after claims were made that he made a “threat to kill” during an Atos work capability assessment.

Steve Topley, a 49-year-old Hucknall father with multiple health conditions including Reynard’s syndrome, who has a heart replacement valve and lost one of his kidneys to cancer, and is on a strict medication regime including treatment to stabilise his blood levels and maintain safe blood pressure, was whisked away after he made comments about a person who was not present at the assessment.

He was arrested, subjected to a mental health assessment which offered no reason to detain him, so was re-arrested and taken to Nottingham police station where he was charged and kept in custody. He was refused bail twice in closed courts which, his family said, they were refused permission to attend.

Today (Friday) he was taken to another secret court, where he was charged, admitted the crime, and bailed – with the likelihood of a community sentence waiting for him at his next appearance.

Johnny Void, writing about this in his blog, made some particularly apposite comments on the subject, as follows: “This incident happened in the middle of an Atos assessment which are notoriously stressful and frightening for claimants. If he hadn’t been put through that, it is unlikely he would have said whatever he said, which it seems was not a very credible threat, at least as far as the Judge was concerned.

“It can make people react irrationally or angrily and they end up doing things they wouldn’t ordinarily do.  The context these events take place in is often ignored by ‘professionals’, because to them it is all just a job and they can’t understand why people are not being reasonable. The stark terror felt by some people facing courts, benefit assessments, arrests, bailiffs, prisons or even more seemingly benign institutions such as social services, Jobcentres and community mental health teams can often cause people to destroy themselves. This can happen even if ‘professionals’ concerned do their jobs properly within the constrain of the system and no-one is really personally culpable.”

So much for personal freedom – but wait. The situation here is actually worse than even this story makes out. I am indebted to Vox Political commenter vince032013, who tells us the following, about so-called ‘reforms’ to Legal Aid (italics mine):

“Things might be about to get a lot worse. The government are now planning on reforming the criminal justice system. Highlights are 1. Suspects in the police station will not be able to choose a solicitor. They will be appointed one. 2. The number of solicitors’ firms is to be reduced by 75 per cent (that’s not a typo – 75 per cent). 3. The reduction in the number of solicitors is to be achieved by putting criminal work out to tender. 4. The bidders are not allowed to bid at over 82.5 per cent of the current cost of running a criminal case. 5. The consultation which has introduced this idea states in terms that it does not want solicitors to offer any more than an “acceptable” level of service to suspects. 6. Once charged, defendants may be represented in court by someone with no Crown Court trial experience (and will not be able to exercise a choice to change that representative). If you’re interested read the consultation here

“https://consult.justice.gov.uk/digital-communications/transforming-legal-aid

“and if you don’t like it sign this petition

“http://epetitions.direct.gov.uk/petitions/48628”

In other words, this Conservative/Liberal Democrat government is determined to rig the justice system against anybody who becomes caught up in it. The conditions described by the commenter are utterly corrupt and offer nobody in this country any chance at justice – unless they can afford it. So the really serious criminals and gangsters have nothing at all to fear.

Meanwhile…

Today we also discovered that the so-called “big four” accountancy firms – Deloitte, Ernst & Young, KPMG and PricewaterhouseCoopers – who were brought into the Treasury to help the government draw up tax laws, have been using the ‘insider’ knowledge they have gained to help wealthy clients avoid paying taxes. They have been telling multinational corporations and wealthy individuals how to exploit loopholes in the legislation they have helped to write – according to the House of Commons’ public accounts committee.

This represents a staggering betrayal of the working- and middle-class citizens of this country, who have no choice but to pay all the tax that the government demands from them or face imprisonment – and an appalling display of hypocrisy on the part of David Cameron, the British Prime Minister who, only yesterday, said he planned to use the UK’s chairmanship of the G8 nations to tackle what he himself described as “staggering” worldwide levels of tax evasion and avoidance – levels that he, himself, is helping to boost.

Now, I’m not voting in the elections next week. There isn’t a poll in my part of the country. But if you are planning to vote…

Considering the way the government has pushed through its plans to sell the NHS to the highest bidders (without a mandate, having concealed its health policy); considering the way it has been implicated in attempts to stop the public from finding out about the plans and what they mean (in conjunction with Facebook); considering how its servants take it upon themselves to subject very-ill individuals to extreme pressure and then imprison them on the basis of what they say in those circumstances; considering the plan to deny justice to the poor and make high-quality legal advice available only to the extremely rich people, including rich criminals, who can afford it; and considering the fact that it has opened the door for those who should be paying the most tax in this country to avoid doing so altogether – while claiming it is doing the exact opposite…

Taking all those issues into consideration, if you are a working-class or middle-class person planning to vote Conservative or Liberal Democrat next Thursday, then for your own safety, submit yourself for medical assessment because you must be barking mad.

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