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Tag Archives: legislation

Announcement: New publication will detail government attacks on citizens’ freedoms

14 Monday Jul 2014

Posted by Mike Sivier in Conservative Party, Corruption, Democracy, Discrimination, Justice, Law, Media, People, Politics, UK

≈ 21 Comments

Tags

attack, bad, book, cack-handed, Coalition, Conservative, Data Retention and Investigatory Bill, David Cameron, Democrat, disenfranchise, election, example, Free, freedom, government, halfwit, Jeremy Clarkson, law, legislation, Lib Dem, Liberal, Mike Sivier, mikesivier, nominate, nomination, people, policy, politics, poor, protest, publication, Renault Captur, repress, Richard Hammond, speech, Surveillance Bill, Top Gear, Tories, Tory, undemocratic, Vox Political


The Renault Captur: It seems that David Cameron's Internet filters would identify this as pornography. It is possible that this would make Renault executives proud.

The Renault Captur: It seems that David Cameron’s Internet filters would identify this as pornography. It is possible that this would make Renault executives proud.

Synchronicity? Coincidence? Isn’t it strange when you become aware of several instances of the same phenomenon at once.

Today, having written about the Data Retention and Investigatory Bill, Yr Obdt Srvt sat down to watch, of all things, an old episode of the BBC’s Top Gear from July last year in which, amazingly, Jeremy Clarkson criticised his Chipping Norton neighbour (and part-time Prime Minister) David Cameron for wanting to end our freedom to look at pornography on the Internet.

Some of you may approve of Cameron’s stand; that’s not the matter at hand. Clarkson’s point was that the way Cameron proposed to regulate Internet porn was so cack-handed, he was going to make himself – and his government – look even more of a gang of halfwits than they do already.

Cueing up an image of the Renault Captur (above), Clarkson told audiences they wouldn’t be able to see it, once Cameron’s filters are put in place.

“In what way is that pornography?” inquired Richard Hammond (he’s the short one).

“Well, it’s orange.”

“What?”

Clarkson gladly elaborated: “Well, the thing is – and this is a true story: A friend of mine has a website, okay? It has an orange backdrop. Now, in various offices and workplaces that have this porn filter on the Internet, orange is picked up as a skin tone, which of course it is in Cheshire.

“So it will just see that it’s a naked lady with a sort of a vajazzle in the shape of a Renault badge and it won’t let anyone see it.”

This is just one example of the idiocy inherent in Cameron’s attempts at repression, which also include legislation to stifle free speech and expression, permitting Boris Johnson to buy water cannon to prevent free protest (another pointless move, for reasons I may explain in the future), an attempt to stymie electoral freedom by cutting down the number of people permitted to vote in elections, and now the Surveillance Bill.

In recognition of this campaign of disenfranchisement against the free people of the UK, Vox Political proposes to publish a book of all-new material – that’s right, all new – entitled How the Coalition government tried to curtail your freedom – and how David Cameron c***ed it up!

Catchy title, don’t you think? The idea is for the words to take up most of the cover, so it won’t require artwork (you may have noticed art covers aren’t VP‘s strong suit).

We are now accepting nominations of repressive legislation or policies that should be mentioned in the new publication. Please post yours in the ‘comment’ column.

Follow me on Twitter: @MidWalesMike

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Don’t make a cuppa during the Queen’s Speech – you might miss it!

04 Wednesday Jun 2014

Posted by Mike Sivier in Business, Children, Corruption, Crime, Employment, Fracking, pensions, Politics, Zero hours contracts

≈ 14 Comments

Tags

Angela Eagle, Coalition, Conservative, David Cameron, Democrat, government, inadequate, Labour, legislation, legislative, Lib Dem, Liberal, Mike Sivier, mikesivier, Nick Clegg, Parliament, programme, Queen's speech, state opening, Tories, Tory, Vox Political


Frack Cameron: In advance of a new bill to allow fracking under private homes, Greenpeace did this to David Cameron's Chipping Norton home. Fair comment?

Frack Cameron: In advance of a new bill to allow fracking under private homes, Greenpeace did this to David Cameron’s Chipping Norton home. Fair comment?

Picture the scene if you can: Buckingham Palace. Her Majesty is seated, getting on with monarchical business. A staff member knocks and enters with an envelope from Downing Street, containing the proposed text of the Queen’s Speech, which is swiftly opened.

HM takes out a single piece of paper, scans it, turns it over (the back is blank). She speaks:

“Is this it?”

Yup. We could well be about to hear the shortest Queen’s Speech in the history of broadcasting. The evening news bulletins will probably be able to broadcast it in its entirety, instead of the usual excerpts.

Only 11 new bills are to go before Parliament. They involve:

  • Plans to change the pension system (again), split among two bills – look out, pensioners!
  • A bill to make it easier for companies to frack for gas under private property – look out, homeowners!
  • Measures to implement a promise to provide up to £2,000 worth of free childcare – probably not enough.
  • A proposed right for voters to recall their MP – to be judged by other MPs if the rumours are correct. Corruption?
  • The outlawing of “modern slavery” – except, one presumes, that enshrined in law by this government’s own Mandatory Work Activity schemes.
  • Powers to tackle lawyers and other professionals who help criminal gangs – clearly, in this world of government-aided tax evasion (for example), they are helping the wrong criminal gangs.
  • Measures to tackle the abuse of zero-hours contracts – one can’t help feeling that the Tories were shamed into this one by bad publicity.
  • Legal protection for people carrying out “good deeds” such as volunteering or planning local events, who become involved in liability claims. Can you spot the opportunities for corruption in this?
  • The curb on public sector employees claiming huge redundancy payments and then taking new jobs in the same sector, that was mentioned on this blog recently.
  • Help for pub landlords.
  • And a plan to charge 5p for plastic bags in England – copying a successful scheme in Wales. Doesn’t this government mock Wales as a failure? Why, then, is it copying Wales?

Six more bills have been carried over from the last Parliamentary session – which wasn’t exactly brimming with work either.

Considering the scale of the problems facing the UK – many of which have arisen because of Coalition government policies – it is a hopelessly inadequate programme of government.

David Cameron and Nick (who?) Clegg have claimed it shows the government is still capable of “taking bold steps”. Baby steps, more like!

Angela Eagle, Labour’s shadow leader of the House of Commons, responded: “Just because the government announced it’s a bold programme, that does not mean actually that it is.”

What do you think? Do you think the bills listed above with do anything to solve Britain’s biggest problems?

I don’t.

Follow me on Twitter: @MidWalesMike

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My letter to MEPs over the transatlantic trade stitch-up

03 Monday Feb 2014

Posted by Mike Sivier in Business, Economy, Employment, European Union, People, Politics, UK

≈ 5 Comments

Tags

campaign, collective bargaining, corporation, democracy, democratic, European Parliament, european union, freedom, freedom of association, gagging bill, government, Investment Partnership, Investor State Dispute Settlement, ISDS, journalist, labour rights, law, legislation, member, MEP, Mike Sivier, mikesivier, National Health Service, news, NHS, people, police, politics, protect, reporter, repressive, rights, secret, source, Transatlantic Trade, transnational, TTIP, United States, USA, Vox Political, water cannons


Corporate trade a-greed-ment: Notice that this image of the Transatlantic Trade and Investment Partnership has mighty corporations straddling the Atlantic while the 'little' people - the populations they are treading on - are nowhere to be seen. [Picture: FT]

Corporate trade a-greed-ment: Notice that this image of the Transatlantic Trade and Investment Partnership has mighty corporations straddling the Atlantic while the ‘little’ people – the populations they are treading on – are nowhere to be seen. [Picture: FT]

Your rights and freedoms have been under attack from all sides.

Not only has the government been able to pass the ‘gagging’ bill, preventing you from organising large-scale campaigns against repressive right-wing Conservative and Liberal Democrat legislation; not only are the police lobbying a sympathetic Home Secretary (there’s no restriction on their campaigning powers) for permission to use water cannons to suppress public on-street political protests; not only is the government hiding legislation to shackle news reporters and ignore the democratic process within a Bill that is supposed to be about cutting ‘red tape’; but negotiations to barter away your rights in the Transatlantic Trade and Investment Partnership are still taking place.

Now, dear reader, you have probably written to your elected representatives at the European Parliament already. You haven’t? In that case, please look them up here – MEPs are elected on a regional basis so you should write to everyone representing your constituency – and get writing.

For information, here’s the letter I wrote to my own MEPs. Do not copy this, paste it into your email program and send it as your own! You will be ignored. The best way to grab their attention is to put in your own words your concerns about this issue. Use what follows as reference, but say it your own way.

Readers of Vox Political have been accused of improper behaviour before, because they copied and pasted rather than using their own words. Let’s not allow that again.

Here’s my letter; see if you can improve on it:

May I draw your attention to the detrimental effects of the Transatlantic Trade and Investment Partnership. This agreement, currently in negotiation between the USA and the European Union, has as its stated aim opening up markets for services, investment and public procurement.

Much of the groundwork has been carried out in secret, hidden from public scrutiny, but the information that has been made available has aroused serious concern that this agreement will weaken existing standards and regulations that protect workers and consumers in the EU.

In particular, the Investor State Dispute Settlement (ISDS) would allow any foreign company operating in the UK to make a claim against the government for loss of future profits resulting from any regulatory action by the government, such as new legislation. Such claims would be considered by an unelected, unaccountable tribunal composed of three corporate lawyers whose decisions are likely to favour the corporations and would override national laws.

ISDS was set up to protect companies operating in countries with a history of political instability where the rule of law could not be guaranteed. This does not apply to either the US or the EU and you should interpret this mechanism only as a device for subverting our national and supranational legislation.

It is widely believed that the TTIP will be used by our Conservative-led government as a means of locking-in its detrimental changes to the National Health Service. I am sure I do not have to rehearse the arguments that introducing private companies to the health service in England is leading to a patchwork system in which care is provided entirely on the basis of profitability. There is now no obligation on the Secretary of State for Health to provide a high-quality service across the whole of the UK, and the new system encourages Clinical Commissioning Groups and medical practices to exclude from their lists patients with conditions that are expensive to treat. The TTIP will forbid the UK government from improving this system with legitimate public health regulation, health protection and health promotion policies as private health companies will be able to sue the state for loss of future profits. ISDS would make it impossible for CCGs to cancel contracts with private providers, even when those firms were providing inadequate standards of patient care, because they would then face a legal challenge for loss of earnings that they could not fund. It will also limit the government’s ability to regulate professional standards and qualifications regarded for healthcare workers and lower the quality of patient care. In short, it would be impossible to reverse the disastrous Health and Social Care Act 2012, and its marketisation of the NHS. Do you want the health of your constituents to depend on a foreign company’s balance sheet?

You may wish to take heart from comments by the British Medical Association that it believes the NHS will be exempt from the TTIP. There is no evidence to support this statement. In fact, David Cameron stated in reply to a Parliamentary question in June 2013: “I am not aware of a specific exemption for any particular area, but I think that the health service would be treated in the same way in relation to EU-US negotiations as it is in relation to EU rules.”

In fact, as comments from the chairman of the Liberalisation of Trade in Services Committee (LOTIS) and financial services pressure group TheCityUK make clear, no issue had been identified that would allow exclusion of any sector from the second round of TTIP negotiations in November last year. You should also note that the Lisbon Treaty provides no protection for the NHS, despite the arguments of some people.

Furthermore, evidence to the House of Lords European Sub-Committee on External Affairs has shown that public health measures such as warnings on food labels, pesticides and chemicals, and other potentially toxic or unhealthy products may be restricted to bring the EU in line with the narrow approach to risk assessment taken in America (that promotes sales) and away from the EU’s broader precautionary principle (that promotes safety). Are you in favour of sales or the safety of your constituents?

You will know that the USA has not implemented fundamental labour rights such as the rights to freedom of association and collective bargaining. Regulatory harmonisation brought about by the TTIP will lower European labour rights to American standards – the agreement will always bring standards down to the lowest common denominator. This means that workers in all sectors, including (again) health, will lose vital rights in their struggle for fair pay and conditions of work. Do you support attacks on workers’ rights?

To sum up: The TTIP is ill-judged in its entirety and neither the UK nor the European Union should have anything to do with it. It would give huge power to transnational corporations while stripping away member states’ rights to regulate them and, in that sense alone, represents an enormous threat to democracy. British people fought long, arduous battles to gain the few rights they have, and neither you nor anybody else in the European Union have a mandate to sign those rights away.

This agreement may safeguard the profits of large multinational companies, ensuring that huge amounts of money go into their shareholders’ bank accounts (wherever they may be), but it will undermine the wages of everybody who works for them – again, according to the principle of the lowest common denominator. Yet it is workers’ wages that support national economies – by necessity they spend most (if not all) of their income as soon as they get it, on rent, utility bills, groceries and other vital supplies. The TTIP will harm national economies.

There is an argument that the TTIP will create growth and jobs – but there is little evidence for this, and even that is poor. The European Commission’s own impact assessment admits that a 0.5 per cent increase in growth would be “optimistic”, and independent research suggests that a meagre 0.01 per cent increase in the growth rate over 10 years is more likely. The North American Free Trade Agreement between the US, Canada and Mexico led to a net loss of almost a million jobs in the US.

Negotiations on the TTIP represent a test on where your loyalties lie. Do you support the people who elected you – or are you a puppet of the corporations?

As my representative, I am asking you to take all steps necessary to publicise this attack on democracy and on our sovereignty, and to take any action – individually or collectively – to put an end to it.

Please let me know what you intend to do.

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Hidden plan for ministers to axe laws that protect you – with a penstroke

02 Sunday Feb 2014

Posted by Mike Sivier in Conservative Party, Democracy, Law, Liberal Democrats, Media, People, Police, Politics, UK

≈ 34 Comments

Tags

Act, Another Angry Voice, bill, blog, Clark, computer, confiscate, confiscation, Conservative, correspond, democracy, Democrat, democratic, Deregulation Bill, dissent, freedom, gagging, Inforrm's blog, journalist, law, legislation, Lib Dem, Liberal, member, Mike Sivier, mikesivier, minister, MP, notebook, Parliament, people, police, politics, press, protect, protest, record, red tape, remove, repeal, reporter, reverse, revoke, silence, source, state, The Guardian, Thomas, Tories, Tory, totalitarian, vote, Vox Political, water cannons, whistleblower


Gone in a penstroke: If the Deregulation Bill becomes law, Acts of Parliament that protect your freedom could be removed from the statute book at a minister's whim.

Gone in a penstroke: If the Deregulation Bill becomes law, Acts of Parliament that protect your freedom could be removed from the statute book at a minister’s whim.

I have spent much of today putting old paperwork through the shredder in advance of tomorrow’s debate on the Deregulation Bill.

Why? Hidden among the plans to revoke ancient laws regulating pigsties is a clause that revokes the freedom of the press – in particular, the freedom of journalists to protect their sources.

The Conservatives and Liberal Democrats don’t want reporters to be able to protect political whistleblowers and the information they release from state harassment and confiscation.

Vox Political has long warned that the Coalition government was pushing us towards totalitarianism, and that is exactly what this apparently innocuous – but in fact deeply pernicious – piece of legislation proves.

We’ve had the gagging law, to silence organised dissent; we know that police chiefs want to use water cannons to stifle public protest; now we are faced with a cloak-and-dagger scheme to silence the press.

The removal of these privileges means the media will be unable to report anything that does not meet government approval – or face confiscation of equipment including computers, notebooks, recordings and correspondence that will lead to the identification of people who provide information that the government wants hushed up.

As a blogger who is also a qualified journalist, this directly affects me – and that is why I have been destroying paperwork. Tomorrow is only the Bill’s second reading – it must go through the committee stage, report stage and third reading before moving on to the House of Lords – but it is better to be well-prepared than to be caught napping.

Far more insidious than this, however, is the other part of this ‘red tape-cutting’ Bill that goes unmentioned. The really harmful part…

The part that says ministers should have the power to revoke any law they like, using statutory instruments (at the stroke of a pen) rather than taking the issue to a democratic vote in Parliament and, you know, actually telling anybody about it.

This means freedoms we have enjoyed for centuries-  or just a few years – could be removed with no prior notice, under the pretext of getting rid of ‘red tape’.

We would certainly be living in a police state if this were allowed to happen.

So here’s the big question: Do you think your MP even knows about this?

I only know because I read it on Another Angry Voice – from which site this article has swiped much of its information.

In his article, AAV creator Thomas G. Clark points out: “The Tories that devised this scheme… are clearly relying on the vast majority of Coalition MPs voting this through as the whips instruct them, without bothering to even read the documentation, understand the intricacies or even participate in the debate.

“If you chose to ignore the wealth of evidence and refuse to believe that David Cameron and the Tories would use these new powers to… stamp out dissent for their own sociopathic reasons, then at least consider the possibility that they are enabling the possibility of an unimaginably invasive totalitarian regime in the future. One where open justice is abolished, the population permanently monitored for signs of dissent, and dissenters are silenced in secretive Stalinist style legalistic proceedings.”

Obviously AAV and Vox Political will be right in the firing-line if this happens.

You need to contact your MP and ask what they’re going to do about this appalling assault on your freedom. Tell them about the clauses in the Deregulation Bill that have nothing to do with removing archaic regulations and everything to do with clamping down on your freedom and tell them in no uncertain terms that you won’t have it.

It’s a good bet that they won’t know what you’re talking about. Clause 47 relates to the press, as this Guardian report and this article from Inforrm’s blog make clear.

I believe Clause 51, and those following, relate to the repeal of laws by statutory instrument.

You can find contact details for your MP on TheyWorkForYou.com

If you get an email off to them quickly, there might even be a chance to nip this in the bud.

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Death of democracy is confirmed as Cameron ignores the will of Parliament

17 Friday Jan 2014

Posted by Mike Sivier in Benefits, Conservative Party, Democracy, Law, Politics

≈ 183 Comments

Tags

advisory, backbench business committee, banker, bedroom tax, benefit, bill, cadre, change, Commons, Conservative, constitution, David Cameron, debate, democracy, Democrat, drop, financial crisis, gagging law, government, house business committee, ignore, law, legislation, Lib Dem, Liberal, Michael Meacher, Mike Sivier, mikesivier, National Health Service, NHS, Parliament, politics, poverty, privatisation, privatise, Reform, Royal Mail, sideline, student fee, tax avoidance, Tories, Tory, Transatlantic Trade and Investment Partnership, Transparency of Lobbying Bill, unelected, Vox Political, whip


The not-so-great dictator: It seems David Cameron's government is now ignoring all attempts to hold it to account.

The not-so-great dictator: It seems David Cameron’s government is now ignoring all attempts to hold it to account.

Ladies and gentlemen of the United Kingdom, your plight is worsening: The government now no longer pays any attention to the decisions of your Parliamentarians.

You’ll remember that a debate was held on Monday, in which MPs called for an inquiry into the effect of changes to the benefit system – introduced by the Conservative-led Coalition government – on the incidence of poverty in this country; the question was whether poverty was increasing as a result of the so-called reforms.

Parliament voted massively in favour of the inquiry (125 votes for; two against), as reported here.

We considered it a great victory at the time, and looked forward to the commissioning of the inquiry and its eventual report.

Now that dream is in tatters as Michael Meacher, the MP who brought the motion to Parliament, has reported that nothing is to happen and the government is ignoring the vote.

It seems he is blaming this partly on the media because “it wasn’t reported” – and he has a point; only 2,500 people have so far read the article on Vox Political, and that’s not nearly enough interest to worry David Cameron and his unelected cadre.

This turn of events raises serious questions about the role of Parliament in holding the government of the day to account, influencing legislation and taking effective initiative of its own.

Perhaps we should be glad that this has happened, because the illusion that we have any kind of democracy at all has been, finally, stripped away.

(On a personal note, this saddens me greatly as it confirms the belief of a very rude Twitter user who accosted me on that site earlier the week to inform me that democracy died many years ago, and I was deluded in trying to save it now. What a shame that such a person has been proved correct.)

Here are the facts, according to Mr Meacher – and they make bitter reading: “The chances of influencing … legislation are negligible because the government commands a whipped majority at every stage of a bill’s passage through the commons.

“Parliament can make its voice heard, but it can hardly change anything that the government has decided to do.

“The only rare exception is when there is a revolt on the government benches which is backed by the opposition, and even then when the government lost a vote on that basis last year on the EU budget, it still ostentatiously dismissed the vote as merely ‘advisory’.

“Nor, it seems from Monday’s vote, can parliament take any effective initiative of its own either.”

He said newly-instituted systems that followed the expenses scandal are already disappearing:

  • “The backbench business committee, which for the first time gives parliamentarians some control over what is debated in the house, is being sidelined and decisions on its motions ignored.
  • “The promised house business committee, which would share negotiations between government and parliament over the passage of all business put before the house, has been quietly dropped.
  • “Only the election of members of select committees by the house, not by the whips, has so far survived, but one cannot help wondering if that too will be taken back by the party establishments over time.”

This is, as Mr Meacher states, a major constitutional issue – especially as our current government was not elected by the people but created in a dirty backroom deal, and its actions have no democratic mandate at all; nobody voted for the programme of legislation that we have had forced – forced – upon us.

Did you vote for the privatisation of the National Health Service? I didn’t.

Did you vote for the privatisation of the Royal Mail? I didn’t.

Did you vote for the increase in student fees? I didn’t.

Did you vote for the Bedroom Tax? I didn’t.

Did you vote for the Transatlantic Trade and Investment Partnership deal? I didn’t.

Did you vote for the Gagging law? I didn’t.

Did you vote to protect the bankers who caused the financial crisis from having to deliver compensation to us? I didn’t.

Did you vote to protect tax avoidance schemes? I didn’t.

There are many more examples I could list.

Mr Meacher suggests possible ways to reassert the authority of Parliament, but none of them will have any immediate effect – or possibly any effect at all.

He ends his piece by saying “the most effective way of making progress is greater awareness among the electorate of how Parliament actually performs, or fails to perform. If the public understood more transparently how the corrupting influence of patronage actually works, how the power system turns everything to its own advantage, and how the genuine objectives of democratic elections are so readily thwarted, a lot of these unedifying practices would have to be curbed.”

Considering Cameron’s attitude to the will of the people so far, this seems unlikely.

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A word of caution on the ‘Bedroom Tax exemption’ victory

24 Tuesday Dec 2013

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

≈ 61 Comments

Tags

bedroom tax, benefit, benefits, clarification, Coalition, cock-up, Consequential Provisions, Conservative, Council Tax Benefit, Department, DWP, exempt, government, housing benefit, Iain Duncan Smith, impoverishment, January 1 1996, legislation, Mike Sivier, mikesivier, mistake, Pensions, people, politics, poverty, proof, prove, regulations, social security, Stephanie Bottrill, Tories, Tory, Vox Political, welfare, work


bedroomtax

Campaigners in the UK have been celebrating after they found a little-known regulation that exempts many social housing tenants from the Bedroom Tax.

The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 state (in not so many words) that, if you have been in receipt of Housing Benefit since before January 1, 1996, then you are exempt from the Bedroom Tax.

The relevant part is on pages 32 and 33 of the PDF file, and schedule 3 (4) (3) (b) (ii) states that a break of up to 4 weeks in the continuous period is allowed.

Many people have seen this as a considerable victory, as it may affect a large proportion of the 660,000 households hit by the spiteful tax. Everyone who has lost money because of it has been urged to check whether they can appeal on these grounds.

Some have noted, with sadness, that people who have died – like Stephanie Bottrill  – might still be with us if we had earlier knowledge of the regulation.

Now here’s the bad news: You have to have proof that you have been in receipt of HB since before January 1, 1996, or the authorities will ignore any exemption request.

Or, as a Vox Political commenter put it: “Just been on to HB as we should be free of this bedroom tax and they just told us we need proof of being here since this time scale which after all these years we don’t. And they said their records only go back six years. My God, they just won’t have it, will they? So stuck again as no proof as housing and DHSS don’t go back to 1/jan 1996.”

How many others are in the same situation?

Worse still, look at this comment from a DWP spokesman, published in the Morning Star‘s coverage of the story: “”We are aware of a potential regulatory issue in relation to pre-1996 social sector housing benefit tenants and the removal of the spare room subsidy,

“We are looking at this carefully and will take any necessary action to clarify our position as soon as possible.”

We all know what a DWP clarification is; it’s legislation to ensure that the regulation is removed – in order to ensure that the cock-up is erased from history and there continues to be no obstacle to Iain Duncan Smith’s plan for the impoverishment of the masses.

That’s what he tried with Workfare, after all – even if he couldn’t get it right.

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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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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

≈ 19 Comments

Tags

accountancy, accounts, aid, Atos, austerity, avoid, avoidance, blog, cancer, CCG, client, clinical, closed court, commissioning, committee, Commons, competition, conceal, corporation, corrupt, David Cameron, Deloitte, Department, embezzlement, Ernst & Young, Facebook, freedom, funds, G8, Group, healthcare, house, hypocrisy, insider, internet, Job Centre, Job Centre Plus, jobcentre, Johnny Void, Justice, KPMG, Labour, law, legal, legislation, loophole, mandate, mark mcgowan, multinational, NHS, Pensions, pig, press, PricewaterhouseCoopers, Pride's Purge, private, privatisation, public, Reynard's, satire, spam, speech, Steve Topley, syndrome, tax, tom pride, toy, Treasury, work, work capability assessment


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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IDS – the most vile product of ‘welfare UK’

03 Wednesday Apr 2013

Posted by Mike Sivier in Benefits, Conservative Party, People, Politics, UK, unemployment

≈ 47 Comments

Tags

£53, BBC, bedroom tax, benefit, benefits, Betsy, carer, change.org, Coalition, Conservative, Daily Mail, Department for Work and Pensions, disability, disabled, dole, dom aversano, DWP, Employment and Support Allowance, ESA, expenses, government, graduate, Guardian, Iain Duncan Smith, legislation, mairead, Mandatory Work Activity, mick, Mike Sivier, mikesivier, people, petition, philpott, politics, Poundland, product, retroactive, retrospective, sanction, scientist, Secretary of State, shelf, sick, social security, spare room subsidy, stack, support, Today, Tories, Tory, UK, unemployment, vile, Vox Political, WCA, week, welfare, work capability assessment, Work Placement, Workfare


The parallel here should be obvious to anyone who's seen the newspapers today.

The parallel here should be obvious to anyone who’s seen the newspapers today.

Dept. of ‘Giving Them A Taste Of Their Own Medicine’: The Daily Mail’s front page today is itself, of course, entirely vile.

It is an attempt to make us believe that every single benefit claimant in the UK is as evil as Mick or Mairead Philpott, who were convicted yesterday of killing six of their own children.

The claim is the kind of utter nonsense we have come to expect from the paper commonly dubbed the ‘Daily Heil’ or (as in the image above) the ‘Daily Fail’ – and it has sparked widespread fury.

We all know that it is ridiculous to claim that everybody on social security benefits is evil.

And we all know that you don’t have to be an evil person to receive social security benefits – look at the current government!

In fact, let’s look at the Secretary of State responsible for social security benefits – he likes to call them “welfare”, possibly because it gives him a feeling of superiority over their recipients. This is interesting in itself, because he used to be one of them.

Iain Duncan Smith was on the dole for several months during 1981, after leaving the Scots Guards, where he famously enjoyed a career as a bag-carrier for a higher-ranking officer. Did he get out by finding a job? Hard to tell. What we do know is that he married the very wealthy Betsy, daughter of a very wealthy man, the following year. In other words, he got off benefits by marrying into money. That’s not evil in itself, but how many of us have that option?

I don’t propose to rehash the hypocrisies of Iain Duncan Smith in full here, but I will quote three relevant paragraphs from the Edinburgh Eye piece I reblogged earlier today, as follows:

“He has four children, yet argues that families with more than two children ought to be sanctioned: in 2009 he took six months paid leave without notice to care for his wife when she was desperately ill, yet has instigated changes in benefit to ensure that neither sick people nor their carers will be supported. In 1981, jobless and unqualified, he took full advantage of the welfare safety net to claim benefits for months while looking for suitable work, yet in a recession as bad as that of thirty years ago he claims graduates are “snooty” if they don’t agree to work for Poundland for free. While attending further education for two short periods, IDS gained no qualifications, and asserts that shelf-stackers are more valuable than scientists. While benefiting hugely from MP expenses, Iain Duncan Smith tells many untruths about the cost of people claiming disability and welfare benefits.

“Iain Duncan Smith has made many speeches in favour of law and order. Yet when IDS’s workfare sanctions were ruled unlawful by the courts, instead of accepting that millions taken unlawfully would have to be repaid and that people unlawfully made to work for commercial organisations for free had a claim to minimum wage for their hours (or, if determined to fight lawfully for welfare, proceding to the Supreme Court for a further appeal) IDS decided to have emergency legislation passed making his unlawful sanctions retroactively lawful.

“Iain Duncan Smith lives in a large and comfortable home which he does not own and which it’s doubtful he pays market rent for, yet has instigated the bedroom tax. The idea behind the “bedroom tax” is that the housing shortage can be remedied not by building more social housing or by preventing bankers from gambling on house price rises, but by forcing people who live in social housing and have a “spare room”, to move out into private rented accommodation of a more suitable size. This won’t save money at any level (Iain Duncan Smith calls this the ending the spare-room subsidy).”

And there remains the matter of the 73 people per week, on average (and that average was reported nearly a year ago, so it may well have risen massively since then), who are dying as a result of the pressures put on them by the merciless Employment and Support Allowance assessment regime for people who have long-term sicknesses or are disabled.

If the Philpotts are a “vile product of welfare UK”, then is Iain Duncan Smith – who admits he has been on the welfare system, equally vile?

This week, he was in the news because he claimed on the BBC’s Today programme that he could survive on £53 per week if he had to, after market trader David Bennett said the bedroom tax meant he must now live on that amount.

Almost immediately, a petition by Dom Aversano appeared on the change.org website, calling for him to put his money where his mouth is.

His reaction? “This is a complete stunt which distracts attention from the welfare reforms which are much more important and which I have been working hard to get done. I have been unemployed twice in my life so I have already done this. I know what it is like to live on the breadline.” (Quoted from the Wanstead and Woodford Guardian).

In other words, this slimeball is trying to slither out of it! Could this possibly be because he knows the benefit regime he has instigated is much harsher than the system he enjoyed in 1981 (and again in 1989) and he knows he would not fare well as a part of it?

The report of this story in The Guardian seems intentionally hilarious. It states: “The Daily Mail [that rag again] reported Duncan Smith as saying: ‘It was a shock – absolutely awful. I felt pathetic. I remember telling my wife. We looked at each other and she said: “God, what are we going to do for money?”‘”

The report continues, straight-faced: “Duncan Smith’s wife, Betsy, is the daughter of the 5th Baron Cottesloe who served as lord-lieutenant of Buckinghamshire in the 1980s and 1990s. Duncan Smith and his wife, who sent their children to Eton, moved into Lord Cottesloe’s 17th-century Old House in the village of Swanbourne in Buckinghamshire in 2002.”

What were they going to do for money, indeed!

He is a man who has played the system for all he could take and then changed it to make sure nobody else could enjoy the benefits he received. He is a man who talks a good fight but runs away from supporting his words with real action.

If ‘welfare UK’ has any ‘vile product’ at all, then it must be Iain Duncan Smith.

Follow me on Twitter: @MidWalesMike

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