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

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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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You will not benefit from Britain leaving Europe

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abstain, allowance, amend, assessment, Atos, bedroom tax, Coalition, confidence, Conservative, David Cameron, death, defence, Democrat, education, employment, ESA, EU, Europe, Eurosceptic, government, Huffington Post, Jobseekers (back to work schemes) Bill, Labour, Liberal, man, men, Michael Gove, Mike Sivier, mikesivier, over, pantomime, Parliament, people, Philip Hammond, politics, Prime Minister, Queen's speech, referendum, regulate, resign, secretary, sister, straw, support, Tories, Tory, ugly, UKIP, union, vote, Vox Political, Widow Twanky

Run, David, run: UK Crime – sorry, Prime – Minister David Cameron has found a reason to be in America while his party tears itself apart over Europe. Nice one, David! We all thought the Tories were turning their Lib Dem Coalition partners blue but in fact, they’ve turned you yellow!

Look at all this political theatre over Europe. It’s for the entertainment of you, the voter – even though you won’t actually gain a thing from staying in or leaving the Brussels-based bureaucracy.

The Conservative Party is going into meltdown about it, certainly – but that’s because individual Tory MPs fear losing votes to UKIP at the next election, making it possible for their party to lose the only thing that matters to them: Power.

UKIP wants out because it is composed – or was, back when it began – of businesspeople who believe that they are being over-regulated by the European Union. They want the freedom to sell inferior products to you, without being penalised for it.

The Tory amendment to the Queen’s speech is nothing but a performance, put on for the benefit of the plebs. It’s a pantomime, with the British public urged to shout “Look out behind you!” at David Cameron’s Widow Twanky, whenever we see the Eurosceptics creeping up out of the shadows.

Note that, in this scenario, Education dunce Michael Gove and damp squib Defence sec Philip Hammond play the ugly sisters; they say they want out of Europe, but they won’t actually do anything about it. Straw men.

The amendment, which condemns the Queen’s speech for failing to include a bill preparing the way for a referendum on whether we stay in the EU, is not only pointless but dangerous. As mentioned previously on this blog, amendments to the Queen’s speech are traditionally taken as confidence votes. The fact that this is a Conservative Party amendment suggests that the government no longer has confidence in itself. If the amendment succeeds, the Prime Minister should resign and the government should fall.

Perhaps I am mistaken. This is not pantomime – it’s farce.

And the amendment is certain to be defeated, according to the pundits, because all the Liberal Democrats, most of Labour and a significant proportion of the Conservatives will vote against it. This means that even the question of confidence in the government can be avoided because nobody will be able to raise it as an issue.

That’s why I said, elsewhere on the internet, that Labour should abstain.

On the Huffington Post site, I wrote: “Labour’s best move is to abstain, let the Tories defeat their own government with the amendment, and then see if Cameron follows Parliamentary convention and resigns. It’s possible he’ll say that a vote on the Queen’s speech is no longer a confidence issue because of his Fixed-Terms Parliaments Act, which defined a ‘no confidence’ vote for the first time, but this may be countered by saying that, if Parliament does not support the planned legislative programme, then it does not support the government or the Prime Minister who leads it.

“If the PM ignores the resignation issue, then we can all say he is running an outlaw government and nothing he does from now on should be considered legal; if he resigns, then the amendment won’t matter because it won’t go forward.

“And let’s face it, if Labour can abstain on the Jobseekers (Back to Work Schemes) Bill, there’s no reason not to abstain on this!”

If the amendment succeeds, we can have a proper debate on whether this government is fit for purpose – at a time when people are still coming to terms with the first death directly attributed to the imposition of the Conservative Bedroom Tax, which itself follows the deaths of thousands due to the Conservative-employed Atos firm’s mismanagement of Employment and Support Allowance assessments.

It won’t, and we’ll be denied our chance to have that debate.

But just remember – despite all the swagger and show – you’re being denied the chance to have a proper debate on Europe as well.

Whoever said Labour has no policies: Prepare to be embarrassed!

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The end of austerity should be Labour’s flagship policy, according to Michael Meacher MP. Don’t get too excited – Labour has to get into office first, and we’ve no idea how bad the Conservative-led Coalition will wreck the systems of government before May 2015.

This is turning into a very bad weekend to be a Conservative.

The Nasty Party has lost control of 10 councils, with hundreds of councillors unseated. Its claims about people on benefits are falling flat when faced with the facts. It has fallen foul of UK and EU law with its fake psychometric test, which turned out to have been stolen from the USA. Its claim that Labour has no policies has proved to be utterly unfounded.

… What was that last one again?

Yes, you must have heard at least one Tory on telly, rabidly barking that Labour can’t criticise the Coalition if it doesn’t have any policies of its own. Those people were not telling the truth – even though they probably thought they were (poor deluded fools).

I am indebted to Michael Meacher MP, for posting information on the following in his own blog. He lists Labour promises, as revealed to date – and it’s quite a long list. Much – or indeed all – of it may have also appeared in an article on the Green Benches site, I believe. So let’s see…

Labour has already promised to:

• Repeal the Health and Social Care Act (otherwise known as the NHS privatisation Act)
• Build 125,000+ homes
• Regulate private rents
• Promote a Living Wage for public sector workers and shame the private sector into following that lead
• Offer a minimum 33-40 per cent cut in tuition fees
• Limit rail fare increases to one per cent
• Reimpose the 50p rate of income tax for the super-rich
• Impose a mansion tax on the rich
• Repeat the bankers’ bonus tax
• Reverse the bedroom tax
• Scrap Workfare and replace it with a ‘compulsory’ Jobs Guarantee (I’m not too keen on this one but it’s been promised)
• Offer a VAT cut or a ‘temporary’ VAT holiday
• Implement the High Pay Commission report in its entirety
• Scrap Ofgem and bring in proper energy price regulation
• Break up the banks and set up a National Investment Bank, and
• Support mining communities and clean coal technology.

In his article, Mr Meacher suggests that Labour needs to go further, with a really strong hook on which to hang all these policies. He suggests the following:

We will end austerity.

Yes, I thought that might stun you. Let’s have it again:

We will end austerity.

Now that you’ve had time to get used to the idea, I hope you’re applauding as much as I was when I read the article. Why not end austerity? The squeeze on public spending and services that David Cameron and his Boy Chancellor imposed in 2010 has not worked at all. There is now no basis for it – I wrote to Mr Osborne, requesting information on the other foundations of the policy after it was revealed that his main justification contained a huge error, and he has not replied, so clearly he has nothing to say. Its loss will be unlamented and can’t come soon enough.

There’s more in the article so I invite you to visit Mr Meacher’s site and read it yourself.

As for Mr Cameron… he’s a survivor but he’s starting to look tired and the number of his own party members who are stabbing him in the back is growing – Lord Tebbit has stuck his own knife in (again) during a BBC interview.

I wouldn’t bet any money that Cameron will still be PM by the end of the year.