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Tag Archives: offence

Lucas, Miller and a law that worked so hard not to treat them equally

17 Thursday Apr 2014

Posted by Mike Sivier in Crime, Justice, Law, Politics, UK

≈ 6 Comments

Tags

acquit, anti-fracking, Behaviour, Caroline Lucas, cash, charge, claim, commissioner, Commons Committee, court, CPS, criminal, Crown Prosecution Service, David Cameron, embezzlement, equal, expenses, false pretence, fine, fraud, government, highway, judge, law, magistrate, Maria Miller, Mike Sivier, mikesivier, money, not guilty, obstruct, offence, outcry, overturn, Parliament, police, protest, public order, resign, standards, taxpayer, trial, Vox Political


140417lucasmiller

Congratulations are due to Green MP Caroline Lucas, who walked free from court today after criminal charges against her were overturned.

She had been charged with obstructing a public highway and a public order offence, during high-profile anti-fracking protests last summer. Neither offence carries a prison sentence – the maximum penalty for either charge would have been a fine of up to £1,000.

District judge Tim Pattinson said the prosecution had failed to satisfy him that Lucas had “the requisite knowledge” about the Section 14 order being in place.

On the obstruction charge, he said he did not hear any evidence that any actual obstruction of a vehicle or person was caused by the protest.

It is good for British justice that Ms Lucas was acquitted – but bad for British justice that she was taken to court in the first place, most particularly because the case contrasts so strongly with that of disgraced former cabinet minister Maria Miller.

Miller claimed tens of thousands of pounds of taxpayers’ money under false pretences. You can call that fraud, if you like (maximum penalty: 10 years’ imprisonment).

Did she go to court? No.

Because she is a member of Parliament, the financial irregularity was investigated by a Parliamentary body, the Commons Committee on Standards. Rather than take the advice of the Parliamentary Standards Commissioner, who recommended that Miller pay back the full amount, the committee ruled that she should return just £5,800 and apologise to Parliament for obstructive behaviour during the investigation.

Surely everybody can see the double-standard here?

The least we can learn from these two stories is that the law absolutely does not treat everybody equally.

Ms Lucas was arrested, detained at Her Majesty’s convenience and now she has faced trial for the offences alleged against her. This MP, who opposes the government in Parliament, was then acquitted after a fair trial and has the support of the general public in this matter.

Miller was accused of a far more serious crime than Ms Lucas but has not been arrested, has not been detained, and has not been tried for the offences alleged against her. The then-government minister was whitewashed by her colleagues and only resigned because of a public outcry against the decision.

What conclusion can the public draw, other than that government MPs are effectively above the law?

David Cameron’s government can only redeem itself with two actions: It must remove Parliament’s right to investigate claims of financial irregularity by MPs and placing this duty firmly where it belongs – with the police and the Crown Prosecution Service.

The other action?

Obvious, really…

Maria Miller must face a criminal trial, charged with fraud.

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Labour demands clarity over the Patrick Rock allegations

05 Wednesday Mar 2014

Posted by Mike Sivier in Children, Corruption, Crime, Media, People, Politics, UK

≈ 12 Comments

Tags

10 Downing Street, Cabinet Secretary, child abuse, child porn, civil servant, Conservative, crime, Daily Mail, David Cameron, Harriet Harman, image, internet, Jack Dromey, Jeremy Heywood, Jon Ashworth, Labour, Number 10, offence, paedophile, Patricia Hewitt, Patrick Rock, police, policy unit, Tories, Tory


A Rock in a hard place: Patrick Rock, formerly a senior civil servant and policy advisor, who now faces allegations that he possessed indecent images of child abuse.

A Rock in a hard place: Patrick Rock, formerly a senior civil servant and policy advisor, who now faces allegations that he possessed indecent images of child abuse.

Credit where it’s due: Whatever you think of the Labour Party, its leaders deserve praise for asking the right questions about the Patrick Rock affair.

Mr Rock was arrested on February 13, suspected of possessing child abuse imagery – shortly after he resigned his position working on policies that we all thought were intended to make it harder to find such images on the Internet.

Details of his resignation and arrest were not released to the public, but the media sprang into action and in a matter of days, the Daily Mail ran a major story accusing three leading members of the Labour Party of sympathising with paedophile groups.

It was only after this story had run its course that the major news media made the public aware of Mr Rock’s arrest – and Vox Political was not the only blog that voiced suspicions about the sequence of events.

It seems somebody at Labour was paying attention. Shadow minister Jon Ashworth has asked, in the public interest:

  • When were 10 Downing Street and David Cameron first made aware that Mr Rock may have been involved in an offence?
  • How much time passed until Mr Rock was questioned about the matter and the police alerted?
  • What contact have officials had with Mr Rock since his resignation?
  • What was Mr Rock’s level of security clearance?

And, most importantly:

  • Why were details of Mr Rock’s resignation not made public immediately?

The last question should also refer to Mr Rock’s arrest – but it could be suggested that this is implicit as the details would include the reason for the resignation.

Mr Ashworth’s letter was sent to Cabinet Secretary Sir Jeremy Heywood. He is Britain’s top civil servant and not a Tory politician; as such he is duty-bound to provide answers that serve the interests of the nation, rather than the Conservative Party.

He’d better get it right, too – as this story unfolds and more information is revealed, we will be able to judge the validity of Mr Heywood’s response.

It would be unfortunate for his career if it became clear at a later time that he had tried to protect anybody. Closing ranks to look after your own people is a human response – but inappropriate at high levels of government.

When senior government advisors come under suspicion, it is right that everyone connected with them should be investigated as well.

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Coalition policy success: 80,000 children homeless for Christmas

04 Monday Nov 2013

Posted by Mike Sivier in Bedroom Tax, Benefits, Children, Conservative Party, Cost of living, Health, Housing, Liberal Democrats, People, Politics, Poverty, UK

≈ 16 Comments

Tags

000, 80, accommodation, affordable, arrear, B&B, bathroom, bed, bedroom tax, benefit, benefit cap, benefits, breakfast, bubble, Campbell Robb, children, Christmas, Coalition, cocaine, Conservative, cooker, council tax, dealing, debt, Democrat, DHP, diet, disaster, discretionary housing payment, drug, Durham County Council, duties, duty, electorally damaging, emergency, flat, food, fridge, George Osborne, government, health, help to buy, homeless, housing, human, kitchen, Kris Hopkins, landlord, Lib Dem, Liberal, meal, Mike Sivier, mikesivier, mortgage, offence, people, Pickles Poll Tax, play, policy, politics, private, reduction, relief, rent, scheme, sex, shameful, share, Shelter, shocking, short-term, social cleansing, social security, statutory, success, temporary, toilet, Tories, Tory, unemployment, violence, Vox Political, welfare, work


shame

Tory politicians don’t care and Liberal Democrats don’t have any power – that’s why 80,000 children are being housed in temporary accommodation, alongside drug users and enduring threats of violence, as reported by Shelter today.

The government’s own figures show 2,090 families living in bed and breakfasts – an increase of eight per cent on 2012 and the largest number in 10 years, according to The Guardian. Of these, 760 have been living in B&Bs longer than the legal six-week limit – a 10 per cent increase on last year.

More than 43,000 other homeless households with children are in other emergency accommodation – usually privately-rented short-term flats, which are expensive. This is an increase of nine per cent on last year.

To put this into context, a Labour government commitment to halve the number of families in this kind of emergency accommodation meant the total fell between 2005 and 2010 – but it has been rising again since June 2011.

This is a human disaster created by the Coalition government.

Most families interviewed by the charity said they felt unsafe, with one child directly threatened by a man after an argument over a shared bathroom. Almost half said their children had witnessed incidents such as sexual offences, drug use and dealing.

One mother of three said: “One of the reasons we left was one of the residents trying to sell us crack cocaine.”

Most of the 25 families Shelter interviewed lived in one room; half said the children were sharing beds with parents or siblings and the family was sharing kitchen facilities with others. All but three said it was hard to find a safe place for their children to play. Three families had no cooking facilities and one reported sharing a cooker and fridge with 22 other people.

More than half had to share a bathroom or toilet with strangers, with 10 families sharing with seven or more other people; two-thirds had no table to eat on, and schoolchildren were finding it hard to do homework.

And their health is suffering: “It’s so hard to give him a balanced diet as it’s impossible to make proper meals here, let alone a Christmas dinner. He’s getting really pale and is so tired all the time. He gets so scared but it’s difficult when I’m scared myself. This is no place for a child to live,” said a mother in a Hounslow B&B.

“This shouldn’t be happening in 21st century Britain,” said Shelter’s chief executive, Campbell Robb, who described the charity’s findings as “shocking” and the conditions forced on families as “shameful”.

He said: “No child should be homeless, let alone 80,000. But tragically, with more people struggling to make ends meet and homelessness on the rise, we’re bracing ourselves for an increase in demand from families who desperately need our help.”

Housing minister Kris Hopkins couldn’t care less. “We’ve given councils nearly £1bn to tackle homelessness and to support people affected by the welfare reforms,” he sniffed.

“I am very clear that they should be fully able to meet their legal responsibility to house families in suitable accommodation.”

Let us be very clear on this: the problem is not that Tories like Hopkins don’t understand. This is exactly the result that they wanted; they just won’t acknowledge it because it is electorally damaging.

Look at the policies that created this problem: The bedroom tax; the ‘Pickles Poll Tax’, otherwise known as the Council Tax reduction scheme; the benefit cap that so many people in this country seem to support without understanding any of its implications.

Vox Political reported back in January what they would mean: “There will be a rise in rent and mortgage arrears… affordable housing will be less available and landlords less able or willing to rent to tenants on benefits… Private sector rental may become less attractive to landlords if tenants aren’t paying the rent. This will lead to a growth in homelessness. Councils have statutory duties and may see an increasing burden.”

But increases to the Discretionary Housing Payment fund have been entirely insignificant compared with the extra burden councils have faced. They received £150 million between them; Durham County Council had £883,000 and spent it all within eight weeks.

We have seen the start of the social cleansing predicted by this blog back in August 2012, when we noted that at least one council would use these measures to “clear out the poor and set up shop as a desirable residence for the rich”.

The housing bubble created by George Osborne with his ‘Help To Buy’ scheme will accelerate this process.

So don’t let a Tory tell you it’s nothing to do with them. They wanted this. In fact, 80,000 homeless children at Christmas is probably not enough for them.

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Free speech is under threat as our unelected back-door government bids to rig future elections

02 Monday Sep 2013

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

≈ 21 Comments

Tags

38Degrees, bill, blog, campaign, charity, Coalition, congress, Conservative, consultant, control, corporate, corporation, criminal, David Cameron, demo, Democrat, free speech, gag, government, Independent, Liberal, lobbying, lobbyist, Michael Gove, Mike Sivier, mikesivier, Non-Party Campaigning and Trade Union Administration Bill, offence, Owen Jones, Parliament, people, politics, propaganda, rallies, rally, spending, Tories, Tory, totalitarian, trade, trade union, Transparency of Lobbying, TUC, union, Vox Political


130902freespeech1

You can tell the priorities of any administration by its programme for government.

Look at the Coalition: Practically the first thing on its agenda is an attempt to ‘fix’ the next election by ensuring that anyone supporting opposing parties (or attacking the parties in power) is gagged.

The ‘Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill’, if passed, would end free speech in the United Kingdom and usher in an era of propaganda-led “do as we say, not as we do” totalitarianism.

It will not stop corporate control of the political agenda – the threat to consultant lobbyists means Big Money will take them in-house, where they won’t have to be registered, and then it will be business as usual. This government works hand-in-glove with big business; that’s one reason it has been so easy to compare the Coalition’s UK with Nazi Germany.

(I make no apologies to Michael Gove for repeating this terrible accusation. If he wants to come and thump me, let him. Then we’ll find out how well he can work from a hospital bed.)

It will, as Owen Jones put it in his Independent column, “stifle the voices of charities, campaigners, trade unions and even blogs [yes, Vox Political would be under threat, despite the fact that it has no budget]; … shut down rallies and demonstrations; … prevent groups such as Hope Not Hate from taking on the poison of organised racism.

“Trustees of charities will fear anything that invites criminal investigation, shutting down scrutiny of government or campaigns for changes in policy. It will entangle organisations in a bureaucratic nightmare, forcing them to account for all of their spending… The TUC suggests that it could make organising its 2014 annual congress a criminal offence, as well as prevent it from holding a national demonstration in election year.

“Political blogs… could be included too, since they are campaigning entities that attempt to impact the outcome of an election.”

He went on to quote the TUC’s assessment that this is “an outrageous attack on freedom of speech worthy of an authoritarian dictatorship”, which this writer has taken as implying that an “authoritarian dictatorship” is exactly what we have now.

The campaigning organisation 38Degrees is also threatened by this proposed legislation. The government would consider its loss to be an enormous victory, as it has been a thorn in the sides of Cameron and his cronies (both in government and big business) ever since the Coalition came into office by the back door in 2010.

An email to members states: “From May 2014, draconian new rules would prevent non-politicians from speaking up on the big issues of the day. A huge range of campaign groups and charities – everyone from The Royal British Legion, to Oxfam, to the RSPB – are warning about the threat this poses.

“It’s telling that so many groups who wouldn’t normally agree with each other have united to oppose the gagging law. Groups that speak out in favour of hunting, windfarms, HS2 or building more houses are joining together with groups who say exactly the opposite.

130902freespeech2

“That’s because there’s one thing we should all be able to agree on: in a healthy democracy, everyone should able to express their views. And everyone should be allowed to get organised to highlight what politicians are saying and doing on the issues that matter to them.”

The email contains a link to a form letter that you can send to your MP, to make sure your feelings are known before they go into the debate. Then they won’t have an excuse to support the government and, if they do, you’ll have a reason (probably another reason, in the case of Tory MPs) to vote them out, come May 2015.

The link is https://secure.38degrees.org.uk/gagging-bill-MPs

“There is no question that British democracy is at the mercy of wealth and corporate interests,” wrote Mr Jones [Nazism again].

But 38Degrees tells us that more than 55,000 people have already emailed their MP, and every new email adds pressure.

Again, the link is https://secure.38degrees.org.uk/gagging-bill-MPs

Make your voice count – while you still can.

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Bettison’s resignation shows yet again the double standards of our justice system

25 Thursday Oct 2012

Posted by Mike Sivier in Crime, People, Police, Powys, UK

≈ 2 Comments

Tags

cover-up, crime, criminal, Dyfed-Powys Police, Hillsborough, Independent Police Complaints Commission, injustice, IPCC, Justice, Liverpool, Liverpool Football Club, Mike Sivier, mikesivier, misconduct, offence, Parliament, people, police, police conduct, retire, rules, Sir Norman Bettison, South Yorkshire Police, Vox Political, West Yorkshire Police


Why is it permissible to investigate possible misconduct by Sir Norman Bettison after he has retired, but not permissible to investigate misconduct by other retired police officers? Is it because the allegations against him are related to the high-profile Hillsborough tragedy, and nobody will care about YOUR case?

Sir Norman Bettison’s resignation as chief constable of West Yorkshire Police has infuriated me.

You might be surprised at this. You probably think it’s exactly what he should have done after he was accused, in Parliament, of boasting about fabricating stories to blame Liverpool supporters for the Hillsborough disaster, while he was serving with South Yorkshire Police in 1989.

I’m not angry about that. I’m angry because the Independent Police Complaints Commission released a statement after Bettison’s announcement, saying that it will continue to investigate his alleged part in the Hillsborough cover-up. The statement said: “We can, and in this case will, investigate criminal offences and misconduct matters after an officer has retired or resigned.”

This is not what you would get, if you tried to allege misconduct against a retired police officer. Believe me – I know!

That’s why I say this story demonstrates the difference between what happens in a high-publicity case, when a large number of people create a fuss, supported by people who are in the public eye, and what happens when an ordinary person goes to the police with an allegation of misconduct against a retired officer.

If you have read this column before, you will be aware that I have had dealings with the police over allegations by my disabled girlfriend (and her disabled mother) against a man who abused them mentally, physically and sexually. Their complaints to the police, made separately, went uninvestigated and the mother was actually sent back into an abusive environment by officers at her local police station.

When they made a joint complaint a couple of years ago, they wanted misconduct investigations launched into the behaviour of the police officers who had been involved in these incidents (which took place over a 28-year period, starting in the 1970s).

The response was that these investigations could not possibly take place – because many of the officers involved had since retired. In a face-to-face interview with an investigating officer on May 12, 2010, he told us: “Those who have retired don’t come under police conduct rules.”

In other words, any police officer – who may have committed crimes or acts of misconduct, but has since retired – will always get away scot free.

That’s the justice we got.

That’s why the IPCC’s unctuous and hypocritical attempt to ingratiate itself with the public by leaping to the attack on this high-publicity issue fills me with fury. Faced with such flagrant double-standards, the only rational response is disgust.

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