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

Tags

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

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

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

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

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part, or for leaving the scheme once they had started it and realised what it was, may claim back the JSA that had been withdrawn from them.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Follow me on Twitter: @MidWalesMike

Join the Vox Political Facebook page.

Vox Political needs your help!
This independent blog’s only funding comes from readers’ contributions.
Without YOUR help, we cannot keep going.
You can make a one-off donation here:

Alternatively, you can buy Vox Political books!
The second – Health Warning: Government! is now available
in either print or eBook format here:

The first, Strong Words and Hard Times
is still available in either print or eBook format here:

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

Tags

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Why did the DWP push ahead with illegal sanctions, knowing they don’t do any good?

Tags

allowance, benefit, benefits, Cait Reilly, Chris Grayling, Coalition, Conservative, Department, Department for Work and Pensions, despair, DWP, employment, ESA, esther mcvey, government, health, Iain Duncan Smith, Jobseeker's Allowance, Jobseekers (back to work schemes) Bill, judicial review, Maria Miller, mark hoban, Mike Sivier, mikesivier, national interest, Parliament, Pensions, people, politics, sanction, sick, Skwawkbox, social security, suicide, Suicide Act 1961, support, Tories, Tory, unemployment, Vox Political, WCA, welfare, work, work capability assessment, Work Programme, Workfare

Don’t shrug your shoulders, Smith! It’s time the people of the UK found a way to make him care about the deaths he is causing.

Today’s article on the Skwawkbox blog is extremely interesting, for anyone with an interest in the public services and the welfare state.

It seems the Department for Work and Pensions has pushed ahead with a regime including the Work Programme and the sanctions imposed for those who refuse to take part, and even changed the law to reinforce its position, despite having documentary proof that is two years old, showing that these policies do more harm than good and are not in the national interest.

You can read the article here to get the full picture. The gist is that a DWP report from 2011 advised the secretary of state, Iain Duncan Smith, that these policies were a bad idea – but he went ahead with them anyway.

So the report concludes that the Work Programme, and other training programmes imposed by the DWP, cause harm by preventing people from looking for work and forcing them to attend useless training sessions (as flagged up in this Vox Political article).

It admits the policy harms people who were already involved in training or volunteer work – on their own initiative – because they had to end it to take part in ‘mandated’ training or face sanction if they declined (Cait Reilly, for a much-publicised example).

People who didn’t attend, didn’t complete or rejected a training course because it was unsuitable were still sanctioned (even though the policy states – and the government has adamantly claimed for many months – that this does not happen. Transport difficulties and childcare problems were also flagged up as potentially leading to sanctions, even though they were not the fault of the jobseeker.

The report went on to criticise the sanctions regime – because it is harmful not only to the jobseeker but to members of that person’s family and friends as well. This is because it forces them to rely on family and friends for their survival, if they are lucky enough to have such people around to help; it damages family relationships and harms the well-being of low-income families who have to stretch their resources to help a sanctioned person, including younger brothers or sisters who have to rely on the money earned by their elders for their own sustainance. In other words, not only do sanctions harm individual jobseekers, but they also harm people who have had nothing to do with the benefits being suspended. As Steve Walker writes, that is “about as unjust as you could possibly get”.

There’s more, but you should visit the article because I want to ask a few more, searching, questions.

We’ve seen that the DWP was warned against imposing Workfare onto people who were already involved in training or volunteer work that they had initiated themselves. Isn’t that exactly what happened to Cait Reilly?

Then, rather than admit its mistake, pay her back the money she had lost through sanctions and let her go back to the volunteer work that might actually help her get a long-term career, the government forced her to take the matter to a lengthy (and, one expects, expensive) judicial review to prove her case.

When Ms Reilly won at the Court of Appeal (meaning the costs had to be paid by the DWP), it meant that tens – maybe hundreds of thousands of jobseekers who had been wrongly sanctioned could claim their money back. Mr… Smith immediately told the world that he wasn’t putting up with that and, diverging even further from the path of wisdom, tabled a Parliamentary Bill to change the law, in order to keep the money he and his department had stolen – yes, I think ‘stolen’ is the appropriate word – from the many taxpayers they had wronged.

Faced with this evidence, one finds it necessary to ask: In the name of sanity, why?

Why go ahead with a policy that cannot possibly be in the national interest? It stops people getting jobs; it harms jobseekers, their families and friends; it drives them to despair.

It drives them to despair.

Another recent article came our way via Facebook, and relates to the Suicide Act, 1961. It draws attention to the fact that the DWP and the wider UK government has been told, repeatedly and at length, that its policies are leading to suicides. The article itself refers to the many deaths we know take place every week because of the work capability assessment for Employment and Support Allowance, but it is also known that jobseeker suicides rise by around 10 per cent during times of high unemployment and the figures should be available to support a contention that this is taking place now.

The article goes on to say that continuing to authorise procedures that are known to end in suicide – as Iain Duncan Smith and his various lieutenants, Mark Hoban, Esther McVey, Chris Grayling and Maria Miller, have done – may therefore be viewed as procuring suicide from the disabled and otherwise disadvantaged population of the UK.

This is a criminal offence under the Suicide Act, 1961.

So it seems we have a government that has ignored the advice of its own reports in order to pursue a course of criminality that has led (as we all know) to many thousands of deaths.

Does anybody feel like calling the police?

Back to the Dark Ages as the Tories plan to scrap your Human Rights

Tags

benefit, benefits, boot, Chris Grayling, Coalition, Conservative, Department for Work and Pensions, disability, Disability Living Allowance, disabled, DLA, DWP, Employment and Support Allowance, ESA, European Convention on Human Rights, government, human face, Human Rights Act, Iain Duncan Smith, Incapacity Benefit, International Criminal Court, Jobseeker's Allowance, Mandatory Work Activity, Maria Miller, mark hoban, Mike Sivier, mikesivier, national interest, orwell, Parliament, people, politics, repression, sick, social security, suppression, Theresa May, Tories, Tory, unemployment, Vox Political, WCA, welfare, Welfare Reform Act, work capability assessment, work placement provider, Workfare

A face of evil: Theresa May wants to take away your human rights and leave you at the mercy of government repression.

Tory plans to take away your human rights are moving ahead with Theresa May announcing that they would scrap the Human Rights Act and withdraw from the European Convention on Human Rights if they win the 2015 general election, “in the national interest”.

In whose interest? Not yours. Certainly not mine. She’s quite clearly confusing minority Tory interests with those of this country. They do that a lot.

If you want to get humour from the situation, Mrs May made her announcement at a conference organised to find ways of winning broader support in 2015. How badly off-track can you go?

There may, in fact, be a reasonable argument for modifying human rights legislation; we have all been appalled when judges have made decisions in favour of defendants because the alternative would “infringe their human rights” – but this is not a good reason to scrap the lot. It’s a reason to give out guidance on how it should be properly interpreted.

But getting rid of these rights altogether shows that the Conservative Party wants to turn government into an instrument of suppression, grinding the workers and the poor underfoot. Better people have already raised concerns that the Coalition is becoming an Orwellian “boot stamping on a human face – forever”; this would make that future a certainty.

It is likely that Conservative members of the Coalition government – most notably Iain Duncan Smith, Chris Grayling, Maria Miller and Mark Hoban – will fall foul of human rights laws, either in this country or in Europe, if the UK continues to abide by them, and this in itself provides enough grounds for us to speculate about why Mrs May wants to get rid.

As everyone in the UK should know by now, the draconian rules of the sickness and disablement benefits system overseen by Smith and his cronies has led to the deaths of thousands of people who had a right to expect a reasonable level of care from their government. If efforts to seek justice through the UK’s legal system fail, then there is likely to be an attempt at international level. The Tories could fend this off by removing the UK from the convention, although it seems likely that the International Criminal Court might then take a position on the matter.

Scrapping your human rights provides the Tories with many more opportunities for evil, though. Let’s look at what we could lose.

The United Kingdom helped to draft the European Convention on Human Rights, just after World War II. Under it, nation states’ primary duty is to “refrain from unlawful killing”, to “investigate suspicious deaths” and to “prevent foreseeable loss of life”.

As you can tell from the behaviour of the Department for Work and Pensions, the Coalition government has been reneging on this obligation – wholesale – since it came into power.

Is killing disabled people – or rather, allowing their deaths when this outcome can be clearly foreseen – in the national interest? Do you have any family members or friends who are disabled? Do you know any who have died as a result of this government’s barbaric policies? What do you think of that, and of the fact that withdrawing from the European Convention and scrapping the Human Rights Act would mean this government would get away with it?

Article 4 prohibits slavery, servitude and forced labour – in other words, the government’s Mandatory Work Activity or Workfare schemes. The government could try to weasel its way out of accusations relating to this, by saying these schemes are labour “considered to be a part of a person’s normal ‘civic obligations'” but the argument against this – that they have not served the interests of the person but of the companies to which they were attached – is strong. These schemes have been worse than useless at getting people into employment but an excellent money-making scam for the businesses concerned, including the ‘Work Placement Provider’ companies that receive government money for very little.

Article 6 provides a detailed right to a fair trial, including the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, and other minimum rights for those charged with a criminal offence. The government’s current attempt to push through laws allowing “secret courts” to hear evidence against defendants – which they defendants themselves are not permitted to know and at which they are not allowed to be present – is a clear violation of this.

Article 8 provides a right to respect for one’s “private and family life, his home and his correspondence” – and of course Mrs May would be in violation with her “Snooper’s Charter” that would allow the government to look at your emails.

Article 10 provides a right to freedom of expression, which means that, if Mrs May has her way, anti-Conservative websites like this blog would be swept away and its author could be imprisoned (for an indefinite period of time, as the protections under Article 6 would no longer apply).

Article 11 protects the right to freedom of assembly and association, including the right to form trade unions. The Tories have always hated the unions, even in their current, very nearly toothless, form. They would relish the opportunity to make unions illegal and remove the rights of all employees.

There are more, but you get the gist. The Human Rights Act of 1998 is the British legislation that makes the European Convention effective in the UK, as far as is possible, meaning that breaches of it may be remedied in British courts, rather than the European Court of Human Rights in Strasbourg.

So that’s what Mrs May means, when she says she wants to scrap these laws. If you have been paying attention, you should be terrified.

You may also be questioning her definition of “the national interest”!

It is clearly a controversial move, and this is why the Tories are taking a “softly, softly” approach to it. They’re putting it out now, two years before the general election, to test the waters, and they know they’ll probably get a reaction against it.

Suppose something happens over the next two years that gives them an opportunity to say – and they will – that “restrictive European laws on Human Rights have prevented us from acting in the public interest”? Won’t that sway the opinion of the Daily Mail-reading public against the very rights that protect them?

It’s a strategy that has worked in the past. By the time the election arrives, you can expect the Tories to have worked the nation up to fever pitch about it – to the best of their ability.

It’s a trick.

They think you’re turkeys and they want you to vote for Christmas.

Do not let them make a fool of you.