Will you give British sovereignty to a foreign business?

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America, Britain, British, business, Conservative, corporation, Derek Vaughan, dispute, election, EU, Europe, Green Party, health, investment, investor, ISDS, Jill Evans, Kay Swinburne, Labour, member, national, NHS, Parliament, partnership, referendum, service, settlement, sovereign, state, Tories, Tory, trade, transatlantic, tribunal, TTIP, UK, union, United States, USA

[Image: The Guardian]

It is the eve of the European Parliamentary elections. How much do you really know about what your candidates would do – if elected?

Much of the debate so far has focused on personalities rather than policies – but does it really matter that Labour won’t commit to an in-out referendum on our EU membership (which is a UK Parliament issue in any case) if its MEPs do their job properly and defend the interests of the British people in the Brussels assembly?

Does it matter that the Conservatives are promising such a referendum, if they give away your right to a high-quality health service, along with your rights at work, to American companies?

These are the issues that really matter.

A few months ago, Vox Political was running articles on the highly controversial Transatlantic Trade and Investment Partnership, currently being negotiated between the European Union and the United States of America. 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.

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.

With this in mind, I wrote to three of the four current Welsh MEPs (the fourth is standing down), asking a few simple questions:

Do you want the health of your constituents to depend on a foreign company’s balance sheet?

Are you in favour of sales or the safety of your constituents?

Do you support attacks on workers’ rights?

Do you support the people who elected you – or are you a puppet of the corporations?

The response from Labour’s Derek Vaughan was characteristically short and to the point: “As you would expect, Labour MEPs oppose the ISDS in certainly anything which would allow the Tories/UKIP to argue for further privatisation of the NHS.

“You may also wish to take this matter up with those who really are the puppets of corporations.”

We’ll come to them shortly. Derek’s answer – though brief, tells you everything you need to know about Labour. They aren’t staying silent (as a recent Liberal Democrat letter asserted) and they aren’t pandering to corporate interests. Labour will defend British institutions against any European ruling or agreement that infringes on them. That’s a promise.

Jill Evans, for Plaid Cymru, had a little more to say: “I share your concerns regarding the TTIP as does the rest of my group in the European Parliament, the Greens/EFA group.

“We are 100 per cent against ISDS as we do not believe that extra-judicial powers should be given to foreign investors. We have been working hard to lobby the Commission to get them to make changes to the TTIP… The TTIP will include a strong focus on … co-operation but the regulatory cultures and social and environmental standards on both sides of the Atlantic are very different; conflicts over GMOs and Hormone Beef are just two examples.

“The TTIP is also controversial from an industrial policy point of view. The two blocs are not complementary, but in fierce competition for global markets and the setting of global industrial standards. Transatlantic cooperation could, however, pave the way for higher global ecological standards and for a faster conversion towards a sustainable green economy. Both the EU and the US need to find new avenues to create social wealth. The task we are set with is trying to find the right balance.”

So Plaid and the Greens are as strongly-opposed to the ISDS as Labour, but acknowledge there are advantages to be had – if this agreement is negotiated by the right representatives. This is why it is so important that you use your vote wisely. A vote for UKIP might seem like a worthwhile protest against the UK’s Conservative government, but what good will it do when the Kippers, who support corporate power, wave through measures to strip you of your rights?

And then we have Kay Swinburne, representing the Conservatives. Her response was the longest of the lot, perhaps suggesting that she knew her party’s stance was harder to justify.

“Transatlantic trade flows (goods and services trade plus earning and payments on investment) averaged $4 billion each day through the first three quarters of 2011. In 2008 EU/US combined economies accounted for nearly 60 per cent of global GDP,” she stated.

“However, for all its value and importance, the EU-US trading relationship still suffers from numerous obstacles, preventing it reaching its full potential to provide growth and jobs. It has been estimated that the deal could bring an extra £10bn to the UK annually, which would give a huge boost to jobs in our economy at a time when we are still suffering with the effects of the economic crisis.”

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. You have to ask why this MEP is arguing against the facts.

“That is an extra £400 to every UK household and while some reports criticise the economic focus, I would argue that this is exactly the kind of stimulus package we should be focusing on,” she continued. Again, this is inaccurate. Every household will not gain an extra £400 because of business deals carried out between very few, very large, corporations. In fact, much larger amounts of money will go to the kind of people who have too much of it already.

“ISDS is a system that allows investors to initiate proceedings directly against a government should they believe that their property has been expropriated illegally, that is, not in conformance with the laws of that country itself,” she continued, skimming over the possibility that a legal challenge could be mounted against changes in a country’s laws – such as Labour’s planned repeal of the Health and Social Care Act that allowed the creeping privatisation of the NHS, if the Conservatives are defeated in the 2015 UK general election.

“The Conservatives in the European Parliament support the inclusion of an ISDS chapter in the agreement, because even with developed countries it ensures certainty for our investors, including SMEs.”

She does not explain what that certainty may be. Is it the certainty that they can run roughshod over their workers? That their profits will take precedence over our health? What about certainty for our citizens?

“Rest assured that this is not a mechanism that will allow for fundamental laws of the EU, such as the REACH legislation on chemicals or the Tobacco Products Directive, to be overturned by a foreign company.” That does not offer any consolation if the laws of the UK do not remain similarly inviolate.

“The EU and its Member States will and must remain able to adopt and enforce, in accordance with their own and EU laws, measures necessary to pursue legitimate public policy objectives in the fields of social and environmental standards, security, the stability of the financial system, and public health and safety.” This seems encouraging, but is overshadowed by what this Conservative MEP has already stated.

“The European Parliament, as well as the UK Government, will also have to give final approval to the deal.”

This is why we need a sceptical European Parliament, and a critical UK Parliament when the deal comes to Westminster for ratification.

That is the information provided by the Welsh MEPs. Labour and the Green Party will stand up for you, while the Conservative Party and UKIP will stand up for the few.

Put in that way, it isn’t a choice at all.

But is the electorate well-enough informed to make the appropriate decision?

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Tory Euro flier is a catalogue of failure

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benefit, benefit cap, Conservative, deficit, economy, election, employment, EU budget, Euro, European, flier, immigration, investment, leaflet, National Health Service, NHS, Parliament, partnership, privatisation, privatise, social security, tax, Tories, Tory, Transatlantic Trade, treaty, TTIP, veto, welfare

A blue leaflet landed on the mat yesterday, urging me to vote Conservative and offering no less than 11 highlighted reasons for doing so.

There’s no chance of this happening, because I know far too much about the state of the nation to be fooled by what was said. Other people may not be as lucky, so let’s run through these claims.

The front cover proclaims: “A stronger economy at home” – not true. The resurgence claimed by the Tories has still, after a year, failed to bring Britain back up to its pre-crisis peak, and pay levels have been skewed to put the lowest earners 14 per cent worse-off than they were under the last Labour government.

“Renewed respect abroad” – another howler. Our military adventures mean we are seen as America’s lapdog, while our economic efforts mean we are seen as China’s.

“Real change in Europe” – ridiculous. David Cameron has marginalised Britain in Europe. We’ll come to an example of this in a moment.

Inside the leaflet is a page headed “What we have done”, which attempts to muddy the issues by linking Tory policies within the UK with their strategy in Europe. The effect is similar to a town councillor running for a seat on the county council, saying if he is elected he will ensure that an allotment is available for everybody (allotment land is a town council responsibility and nothing to do with county councils).

So, under the heading “What you have told us”, the leaflet proclaims: “Cut the deficit”. Under “What we did” it states: “So we’ve cut the deficit by a third”. This is nothing to do with Europe and also misrepresents the facts. When the Coalition government sidled into power it said it would eliminate the deficit by 2015. This is not going to happen and claiming success in cutting it by a third (partially by scrapping investment schemes that should have been kept) is an insult.

Next line: “Create more jobs” – “So we’ve helped businesses create more than 1.6 million new jobs”. If the economy was running properly, this number of new jobs would have created a huge boost for the economy – far more than we’ve seen. The problem is that these jobs are too low-paid to make a difference. It is working-class people who lift the economy because they spend more of their income, pushing money through the system. When they don’t have money to spend because they are struggling to cope on pay grades that mock their efforts, less money goes through the system and the economy stutters.

“Cut tax” – “So we’ve given an average income tax cut of £700 to 25 million people, taking 2.7 million people out of tax altogether”. Remove the £100,000-per-year tax cut for those with extremely high incomes and this average drops dramatically. Add in the extra money people are having to spend because of cuts or caps on in-work and unemployment benefits and people like you are £2,000 worse-off per year.

“Cap welfare” – “So we’ve capped welfare – no out-of-work household can now claim more than the average family earns in a week”. The welfare cap is a sensible idea done in a silly way. If it had been set at an average family’s income – just over £31,000 per year – it would be fair, but almost nobody would have been affected, so the Tories set it at £26,000 per year, purely to knock more people off-benefit and show that it worked – and they thought we wouldn’t notice. Silly Tories!

“Control immigration” – at last we come to something that is relevant to the European election! – “So we’ve taken all the action we can under the current EU agreements to fix our immigration system and limited migrants’ access to benefits”. In fact – as noted in this blog previously – very few of the actions taken by the current UK (not European) government are new. The limited access to benefits was enshrined in UK law already, but they don’t want you to know that.

“Cut the cost of Europe” – “So we’ve cut the EU budget, saving British taxpayers £8.15 billion”. Impossible without the co-operation of other EU member states. They are claiming credit for something that would not have happened if other EU countries had not also wanted it. Naughty Tories!

“No to British taxpayers bailing out the Euro” – “So we’ve taken the UK out of Eurozone bailouts”. This is the only measure in the entire flier that anyone in their right mind can support. The UK was never part of the Euro so there was never any reason for us to support it financially. Any other UK political party would have taken the same action so this is no credit to the Tories.

Finally: “Defend Britain’s interests” – “So we vetoed a new EU Fiscal Treaty because it didn’t guarantee a level playing field for British business”. This relates back to the cover boast about “Real change in Europe”. David Cameron made a laughing-stock of both himself and the United Kingdom with his silly veto, because the other 26 countries involved in the treaty simply carried on regardless, leaving us out in the cold. That isn’t “Real change in Europe”; that’s really being shut out of EU decisions.

This Tory leaflet is an insult to your intelligence. It claims success where the Tories have failed, and calls for you to support people who have intentionally inflicted harm upon you.

And you’ll notice there’s no mention of the elephant in the room: The Conservative Party supports the Transatlantic Trade and Investment Partnership that will push conditions of employment down to a lowest-common-denominator level that will devastate workers’ health and livelihoods while also locking the privatisation of the National Health Service into an agreement that will make it an international criminal offence to reverse the changes. Here in Wales, many of us rely on cross-border treatment and this will hit us hard.

Anyone supporting the Conservatives on the basis of this flier would have to be ignorant or insane.

One last thing: Minutes after the Tory flier arrived, I went out to my car and found a plastic bag filled with what appeared to be excrement had been left on the windscreen. I can’t blame this on the leafleters (although local Tories certainly know who I am and what my car looks like) but it did make me question the quality of their local campaign.

Is this a new kind of smear tactic?

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Cometh the hour, time for a party

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anti, aristocracy, aristocrat, benefit, business, co-operative, Coalition, companies, company, condition, corporate, corporation, corporatist, derogatory, divisive, election, employee, employment, Europe, firm, government, health, holiday, ill, incentive, inclusive, income floor, International Workers Day, investment, living wage, low-wage, Mandatory Work Activity, Mike Sivier, mikesivier, Nobby Fulsom, Parliament, partnership, pay, politics, profit, rights, safety, satire, say, share, sick, sick pay, tax, top down reorganisation, trade, transatlantic, TTIP, Underpaid Peoples Independence Party, unemploy, Unite, UPIP, Work Programme, Workfare

A new political party has been launched – on International Workers’ Day – to represent the interests of people whose opportunities in life have been restricted because they earn low wages.

The Underpaid People’s Independence Party – UPIP – will campaign for better pay, better rights and a better say on behalf of all those who currently earn less than they need in order to pay their own way.

The new party has announced several policies already:

• A living wage for every working person, ensuring that the overburdened benefit system does not subsidise greedy corporations
• A guaranteed ‘income floor’ for all British citizens, ensuring that those who do not work because of illness or unemployment are able to live with dignity
• The guarantee of employee benefits including sick pay, holiday rights and both lower and upper limits on the number of hours worked
• Strengthened – and rigorously-enforced – health and safety regulations for all workplaces, to limit the number of workplace-related illnesses and disabilities
• An end to corrupt ‘workfare’, ‘work programme’ or ‘mandatory work activity’ schemes that allow governments to collude with corporations in forcing citizens to work for no payment other than benefits that are subsidised by other working people
• Tax incentives to encourage all companies to transform into co-operatives, with responsibilities and profits shared among the entire workforce

UPIP founder Nobby Fulsom, a former mineworker, said Britain’s hardworking poor had suffered for too long under neoliberal profiteers, and the time had come for a party they could all enjoy.

“I have stayed underground for too long; now is the time for working people to stand tall,” he said.

But he admitted: “It is too late for us to field any candidates in the European election.

“If we could, we would be opposing the Transatlantic Trade and Investment Partnership that would push workers on both sides of the Atlantic into ever-worsening conditions of employment.

“Europe should be pushing for an agreement that will guarantee the best possible conditions for all workers. The fact that the EU doesn’t seem interested in supporting its constituents poses questions about its own role, and that is why we support a top-down reorganisation of the European Union, with authority granted to nobody unless they can prove they started their careers at the lowest level and worked their way up, rather than just walking in from a position of privilege.”

Mr Fulsom said it was not true that members of UPIP had been posting anti-corporatist Tweets on the internet, nor had they been targeting members of the aristocracy with derogatory remarks.

“UPIP is an inclusive party,” he said. We believe in uniting people – not in the divisive rhetoric of the Coalition government or certain minority parties with similar initials to our own.

“Any corporate executive who is willing to turn his organisation into a co-operative is welcome to join us, as is anyone from a family of wealth who accepts that the people who made that cash for them are entitled to the opportunities they and their forebears enjoyed.”

He added: “We don’t want much, but what we want is fair – for everybody, not just those with a private education and independent wealth.”

Undoubtedly, UPIP will have a great deal to say about the current election campaign and the future direction of British politics.

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Labour must turn and fight now – or give up its electoral hopes altogether

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adviser, apathy, argument, backbencher, backhander, Bank of England, BBC, benefit, cap, carnage, Coalition, concede, Conservative, cut, Dan Hodges, David Miliband, deselect, difference, disabled, disillusion, Ed Balls, Ed Miliband, elect, frame, George Osborne, Gordon Brown, Guardian, hidden agenda, investment, John Mann, Labour, lobby, manifesto, Marxist, Mike Sivier, mikesivier, miniscule, Nazi, neoliberal, New Labour, Opposition, oxford, partnership, pensioner, perception, policies, policy, poor, PPE, public, Rachel Reeves, Red Tory, reference, senior citizen, sick, small, social security, special, spin, squeezed middle, surplus, Telegraph, thinktank, Tony Blair, Tories, Tory, trade, transatlantic, Tristram Hunt, TTIP, Vox Political, welfare, yvette cooper

Struggling to make an impact: Ed Miliband must reject the Tory Party’s narrative about the need for austerity and bring forward a vision for the future that really does make us ‘One Nation’ again, rather than hanging on David Cameron’s neoliberal coat-tails, as many former Labour voters believe.

The political debate is all about the Labour Party again today – as it has been since the Budget.

The newspapers and websites are full of advice for the party, which is now clearly seen to be struggling to gain any kind of a foothold with electors who have become disillusioned at what might best be called the Party of Very Little Opposition.

Labour “must adopt new principles” according to an alliance of thinktanks and party intellectuals who have written to The Guardian; Ed Miliband has been told “don’t play safe” with the party’s manifesto according to an article on the same paper’s site.

The BBC News site has words from left-wing MP John Mann, calling on his party leader to stop trying to be “too clever” and be “much clearer” in setting out his policies.

We can probably discount the Telegraph article by Dan Hodges, claiming that Labour is “closed for business”. It plays to right-wing readers’ prejudices just a little too much.

Will Ed pay any attention to these pleas? Evidence suggests he will not.

I should clarify from the outset that, as a Labour member, I want the Party to win in 2015 (and also to gain the lion’s share of the vote in May’s European elections).

But Miliband seems to be living in a world of his own, insulated from the rest of the Labour Party – not to mention supporters of Labour ideals who are not members – by a small group of (not-so-special) advisers who, it’s claimed, intercept any decent ideas before they get to the party leader and spin them until they turn to drivel. Whether this is true or not seems immaterial as this is the perception of the general public.

And perception is everything.

As I write this article I have just received a comment stating that “Miliband’s strategy for the next election seems to be a) to accept the Tory frame of reference for any given argument and b) to then concede the field of battle on that issue, whatever it is, without a shot being fired.” This is a common complaint, and Labour has no answer to it.

Why do Miliband, Balls, Tristram Hunt (notably), Rachel Reeves (lamentably) and all the other Labour frontbenchers blithely accept the Coalition’s terms of reference on any issue, against the wishes of their own backbenchers, their party as a whole and the public at large?

Are they really just a gang of greedy moneygrubbers, determined to screw the country for whatever they can get? That in itself would be a betrayal of Labour Party ideals and their constituency parties should deselect them if members believed that to be the case for one moment.

Are they a gang of neoliberals, their political philosophy so close to that of the Conservatives that you can’t get a credit card between them? This rings threateningly true in the cases of Oxford PPE graduats Ed Balls and Yvette Cooper, ex-Bank of England employee Rachel Reeves and Tristram Hunt. But Ed Miliband is (famously) the son of a Marxist. He, above all, should know better.

The trouble is, David Miliband is the son of the same Marxist and he was as much a part of the neoliberal New Labour Red Tory deception as Tony Blair and Gordon Brown.

Oh look – another comment has just arrived. “More people don’t bother to vote because they feel that we as a people have moved on and all we really want is people who will represent us honestly, by majority and with no hidden agendas, backhanders or lobbyists pulling the strings. I don’t see any evidence that the present government or the Labour Party are capable or willing to do just that… They should have the courage to change and become the voice of the people.”

Become the voice of the people. The meaning is clear – Labour is not currently representing anybody at all.

Is this true? Let’s look at some of the other comments on my (left-leaning, let’s not forget) blog. These are from people who are generally sympathetic to Socialism and who should, therefore, see Labour as the natural home of their vote. What do they say?

“[Is it] any wonder [that] 1. People don’t vote because they are seen as “all the bloody same”? and 2. The perceived differences have become so minuscule?”

“Until Labour wakes up and realises it is the welfare cuts that are a major concern to most of us and to anyone who has a conscience, they will lose the next election due to apathy.”

“Labour have to do something different to what they have up to now but they don’t seem to want to. Are they scared of being in government over a country in the state it is?”

“Labour have had four years to do something – anything – to fight against the welfare cuts, and to help the people they are supposed to be the party for! They’ve really done nothing when all is said and done.”

If Ed Miliband was reading this, I would be asking if he was getting the message yet (are you, Ed?) and what he proposes to do about it. You think not? Let’s have some more comments from people who should be supporting Labour – I’ve got plenty of them!

“There has been absolutely no fight in this opposition and I am ashamed of them.”

“People need a reason to apply their votes to Labour and Miliband-Balls are not providing them with one. They are sleepwalking into another hung Parliament and a very real risk of the Tories teaming up with UKIP. Then we’ll really see Nazism grip this country.”

“The would-be voters demand change and need bold new policies to blunt the Tory cutters. If the Labour Party cannot come up with policies which are radical then they don’t deserve to be in power at the next election, or ever.”

“Ed Balls worries me because he seems intent on copycatting Osborne. For example Osborne says he will run a surplus by the end of the next Parliament and Balls promises the same. Osborne say he will be introducing a Benefit Cap on social security spending on working age benefits (which could have devastating effects and lead to real terms cuts in benefits for years on end) and Balls says that Labour will vote with the Coalition to introduce it.”

“Surely we need some clear red water between Labour and the Tories? Surely Labour needs to differentiate itself more from the policies of the Coalition?”

“I sent an email to the Labour Party asking for its policy on TTIP (the rightly-feared Transatlantic Trade and Investment Partnership that will force employment standards down to third-world levels, or below), amongst other things. They were decidedly equivocal and I felt no reassurance at all. I think it’s about we faced facts, Labour aren’t being coy in a pre-election year to avoid frightening the horses, they really are just another pack of neoliberals.”

This is how left-wing voters (and the squeezed-middle waverers to whom Ed Miliband keeps trying to pander) see the modern Labour Party: Carbon-copy Tories with no fresh ideas who aren’t worth the effort of voting.

If any of Ed’s shadow cabinet is okay with that description, he needs to sack them and bring in someone with a clue. And he needed to do it last year.

If the Conservatives win in 2015, it seems clear that responsibility will lie as much with Labour’s failure to provide any clearly-visible alternative.

We have already seen carnage inflicted on the poor, the sick and disabled, and a Conservative-only government (or in collaboration withUKIP) would increase that bloodshed tenfold (senior citizens take note: the bribe you were given last week was a trick and if you vote Conservative, many of you will not live to rectify your error at another election).

Unless Ed Miliband sorts out his party – pronto – that blood will be on his hands as well, and the people will not forgive him.

Note that I did not say they won’t forgive Labour. I said they won’t forgive Ed Miliband.

Words cannot describe the way people feel at what has been done to them by the Coalition. If Labour reveals even the slightest element of complicity, I wouldn’t give a farthing for Miliband’s safety.

That goes for the rest of the shadow cabinet too.

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Miliband’s pledge on TTIP: ‘Labour will protect the NHS’

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andy burnham, BBC, Conservative, David Cameron, dispute, Ed Miliband, EU, european union, government, health, investment, investor, ISDS, Labour, MEP, Mike Sivier, mikesivier, national, NHS, partnership, people, politics, protect, service, settlement, state, Tories, Tory, trade, TTIP. Transatlantic, UK, USA, Vox Political

This is critically important for the general election next year, because timing is everything.

If any of you were in any doubt about Labour’s position on the Transatlantic Trade and Investment Partnership between the USA and the EU, this Tweet from Andy Burnham should clarify:

“Crucial commitment from @Ed_Miliband today: ‘The next Labour government will work to make sure the NHS is protected from EU competition law’.”

This is important because the Investor State Dispute Settlement (ISDS) part of the agreement 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 – and it is widely agreed that the TTIP will be used by our Conservative-led government as a means of permanently locking-in its detrimental changes to the National Health Service.

Labour’s MEPs have already confirmed that they have no intention of supporting this part of the trade agreement; now we have confirmation that only a Labour government in the UK would protect the NHS from the irreparable harm being planned by the Conservative Party.

It is ironic that, if you go to the BBC News website and find their ‘politics’ page, you will see an article entitled Labour makes no sense on Europe, says David Cameron.

In fact, Labour is talking far more sense – in terms of protecting the people of this country – than the Conservatives. Leaving the EU won’t stop us having to conform with European standards, if we want to trade with those countries; and any decision to stop immigration will be met, undoubtedly, with the expulsion of our own 2.5 million expats from the EU countries where they have settled. We will be more crowded, not less.

If the British people want to vote on a way to stop European laws from harming us, then we need look no further than the 2015 general election.

Masochists can vote ‘Conservative’.

You know the sensible option.

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Public consultation on anti-democratic trade deal – a sham?

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agreement, anti, any willing provider, arbitrator, CCG, code of conduct, consult, corporation, David Cameron, democratic, dispute, EU, European Commission, free trade, G8, Health and Social Care Act, healthcare, investment, investor, ISDS, Karel De Gucht, loophole, Mike Sivier, mikesivier, National Health Service, NHS, OpenDemocracy, partnership, people, politics, private, protection, public, public interest, regulate, regulation, section 75, settlement, sham, state, trade, transatlantic, transnational, TTIP, US, Vox Political

The European Union’s trade commissioner, Karel De Gucht, reckons he’s going to consult the public over the controversional Transatlantic Trade and Investment Partnership – the EU/US free trade agreement.

He says he is determined to strike the right balance between protecting EU firms’ investment interests and upholding governments’ right to regulate in the public interest.

Bear in mind, this is for the investment part of the deal, which includes investment protection and the red-hot disputed subject of investor-to-state dispute settlement, where firms would be allowed to sue governments if regulations got in the way of their profits, as the deal currently stands.

A proposed text for the investment part of the talks will be published in early March.

“Governments must always be free to regulate so they can protect people and the environment. But they must also find the right balance and treat investors fairly, so they can attract investment,” said Mr De Gucht.

“Some existing arrangements have caused problems in practice, allowing companies to exploit loopholes where the legal text has been vague.

“I know some people in Europe have genuine concerns about this part of the EU-US deal. Now I want them to have their say… TTIP will firmly uphold EU member states’ right to regulate in the public interest.”

Do you believe him?

The European Commission wants to use TTIP to improve provisions already in place that protect investments by EU-based companies in the US, and vice versa.

In practice, we are told, there would be a require for this protection to defer to states’ right to regulate in the public’s interest.

There would also be new and improved rules, including a code of conduct, to ensure arbitrators are chosen fairly and act impartially, and to open up their proceedings to the public. This comes after significant unrest about arbitrators being chosen exclusively from big business, with a natural bias towards the interests of their employers.

It seems “no other part of the negotiations is affected by this public consultation and the TTIP negotiations will continue as planned”.

Is this the only part of the deal that affects the public interest, then?

I don’t know. The TTIP negotiations have been shrouded in mystery since they began last June. Can anyone outside the talks – and those taking part are sworn to secrecy – say they are an expert?

Since the talks began, the Commission has held three rounds of consultations with stakeholders – big businesses operating in both Europe and the USA “to gather the views and wishes of the public and interested parties across Europe”, it says here.

“The Commission has also done public consultations before the start of the TTIP negotiations.” Have you taken part in any such negotiations?

The rationale behind the talks is that the EU is the world’s largest foreign direct investor and the biggest recipient of foreign direct investment (FDI) in the world, so it must ensure that EU companies are well-protected when they invest in countries outside the EU. This involves reciprocal agreements to protect foreign companies.

“Investment is essential for growth, for jobs and for creating the wealth that pays for our public services, our schools, our hospitals and our pensions,” the argument goes. But who gets the wealth? The people who work to make it – whose living and working conditions are likely to be reduced dramatically to lowest-common-denominator terms? Or the company bosses who are ironing out the terms of this agreement while most of us are being told to look the other way?

Let’s look at an example of this in action. According to OpenDemocracy.net, the TTIP talks “could see England’s NHS tied into a privatised model semi-permanently.

“A US/EU Free Trade Agreement… will ‘dismantle hurdles to trade in goods, services and investment’ and ‘make regulations and standards compatible on both sides’.

“The EU has already stated that ‘certain “sensitive” sectors will require more negotiation’ but that ‘no sectors would be excluded from the deal completely’. David Cameron has stated such an agreement is one of his key aims during the UK’s leadership of the G8 group this year.

“The Health and Social Care Act’s Section 75 is an example of legislation guided by the principles of this overarching trade agreement. It breaks the NHS up into little parcels (the CCGs) that must offer their contracts to any willing provider. If a private provider feels they have been unfairly excluded from a contract, they can use Section 75 to take legal action… This legislation may have been written specifically to pave the way for international free trade involving the NHS.

“The idea [is] that the Health and Social Care Act was developed to allow foreign transnational corporations to profit from NHS privatisation.

“Even worse is the idea that, once passed, an international trade agreement will leave us irreversibly committed to privatising the NHS. Even with a change of government and the repeal of the Act, we’d be facing the insurmountable obstacle of international competition laws.”

The article demands that the government must be clear with the public – will our health service be opened to multinational business as part of this trade agreement?

Leftie politics sheet the New Statesman agrees: “This will open the floodgates for private healthcare providers that have made dizzying levels of profits from healthcare in the United States, while lobbying furiously against any attempts by President Obama to provide free care for people living in poverty. With the help of the Conservative government and soon the EU, these companies will soon be let loose, freed to do the same in Britain.

“The agreement will provide a legal heavy hand to the corporations seeking to grind down the health service. It will act as a Transatlantic bridge between the Health and Social Care Act in the UK, which forces the NHS to compete for contracts, and the private companies in the US eager to take it on for their own gain.

“It gives the act international legal backing and sets the whole shift to privatisation in stone because once it is made law, it will be irreversible.

“Once these ISDS tools are in place, lucrative contracts will be underwritten, even where a private provider is failing patients and the CCG wants a contract cancelled. In this case, the provider will be able to sue a CCG for future loss of earnings, causing the loss of vast sums of taxpayer money on legal and administrative costs.

“Even more worrying is that, once the TTIP is enacted, repealing the Health and Social Care Act in the UK will become almost impossible.”

The public has the democratic right to contest the agreement, and fight for a health service that protects them, the Statesman says, “but how can they when MEPs do nothing to inform opinion or gather support back home? The NHS is in a very precarious position. It seems that soon, with the help of Brussels, its fate will be sealed.”

Would you like your MEP to speak up for you – in other words, to do what he or she was elected to do and actually represent your interests? Then why not get in touch and ask why they’ve been so quiet about this for so long? It’s easy – you can find their contact details here.

The EU has released a ‘factsheet’ summarising how it would like you to understand changes to existing investment protection rules and the ISDS system.

The previous Vox Political article about TTIP is here.

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The biggest threat to democracy since World War II – and they tried to keep it secret

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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]

The Transatlantic Trade and Investment Partnership is bitter pill for anyone to swallow, if they have spent any time defending Britain’s membership of the European Union.

The partnership between the EU and the United States would open America to the kind of free trade deals that have been going on in Europe ever since the original Economic Community was formed – but there is a problem.

It isn’t a problem for businesses; they are in line to get a deal better than anything ever experienced in the world of trade. Citizens and national governments, on the other hand – you, me, and the people who represent us – will be railroaded.

This is because the agreement includes a device called ‘investor-state dispute settlement’, which allows corporate entities to sue governments, overruling domestic courts and the will of Parliaments.

In other words, this could be the biggest threat to democracy since World War II.

In the UK, it could be used by shale mining companies to ensure that the government could not keep them out of protected areas, by banks fighting financial regulation, and by cigarette companies fighting the imposition of plain packaging for cigarettes. How do we know? Because these things are already happening elsewhere in the world.

If a product had been banned by a country’s regulators, the manufacturer will be able to sue them, forcing that state to pay compensation or let the product in – even if this undermines health and safety laws in that country.

It seems that domestic courts are deemed likely to be biased or lack independence, but nobody has explained why they think the secretive arbitration panels composed of corporate lawyers will be impartial. Common sense says they’ll rule for the profit, every time.

Now ask yourself a question: Have you ever heard about this?

Chances are that you haven’t – unless you have read articles by George Monbiot (one in The Guardian this week prompted this piece) or have insider knowledge.

The European Commission has done its utmost to keep the issue from becoming public knowledge. Negotiations on the trade and investment partnership have involved 119 behind-closed-doors meetings with corporations and their lobbyists (please note that last point, all you supporters of the government’s so-called Transparency of Lobbying Bill), and just eight with civil society groups. Now that concerned citizens have started to publicise the facts, the Commission has apparently worked out a way to calm us down with a “dedicated communications operation” to “manage stakeholders, social media and transparency” by claiming that the deal is about “delivering growth and jobs” and will not “undermine regulation and existing levels of protection in areas like health, safety and the environment” – meaning it will do precisely the opposite.

Your Coalition government appears to be all for it. Kenneth Clarke reckons it is “Scrooge-like” to inflate concerns about investor protection and ignore the potential economic gains – but if the US-Korea Free Trade Agreement is any yardstick, exports will drop and thousands of jobs will be lost.

Green MP Caroline Lucas has published an early day motion on the issue – signed by a total of seven fellow Parliamentarians so far.

Labour MEPs are doing their best to cut the ‘investor-state dispute settlement’ out of the agreement, but they are fighting a lonely battle against the massed forces of greed.

So now ask yourself a second question: Why is the European Commission lying to Britain when we are already halfway out of the door?

Britain is not happy with the European Union or its place within that organisation. People think too much of their national sovereignty – their country’s freedom to do what it wants – is being stripped away by faceless bureaucrats who do not have the best interests of the population at heart. Now the European Commission is trying to foist this upon us.

For Eurosceptics in Parliament – of all political hues – this is a gift. For those of us who accept that we are better off in Europe – as it is currently constituted and without the new trade agreement – it is a poisoned pill.

Are we being pushed into a position where we have to choose between two evils that could have been avoided, if only our leaders had had an ounce of political will and an inch of backbone?

Follow me on Twitter: @MidWalesMike

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