‘It is cheaper to help people die rather than support them to live’

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abuse, archbishop, assisted dying, atrocities, atrocity, burden, canterbury, care, Carey, convenience, convenient, depress, die, disabilities, disability, disabled, euthanasia, fail, financial, former, function creep, George, help, inherit, Justin Welby, live, Lord, Lord Falconer, Mike Sivier, mikesivier, Mo Stewart, palliative, pay, rights, sick, suicide, support, Switzerland, terminate, Vox Political

Lord Carey: He may be demonstrating the amount of thought he has given to what unscrupulous people will do with his “change of heart”.

A “change of heart” by a former Archbishop of Canterbury over ‘assisted dying’ has dismayed at least one campaigner for the rights of people with disabilities.

Mo Stewart has been researching and reporting what she describes as the “atrocities” against the chronically sick and disabled in the UK for the last four years. She said Lord Carey’s decision to support legislation that would make it legal for people in England and Wales to receive help to end their lives would “play right into the hands of this very, very dangerous government”.

Justifying his change of position, Lord Carey said: “Today we face a central paradox. In strictly observing the sanctity of life, the Church could now actually be promoting anguish and pain, the very opposite of a Christian message of hope.

“The old philosophical certainties have collapsed in the face of the reality of needless suffering.”

The Assisted Dying Bill, tabled by Labour’s Lord Falconer, would apply to people with less than six months to live. Two doctors would have to independently confirm the patient was terminally ill and had reached their own, informed decision to die.

But Mo Stewart warned that the proposed legislation, to be debated in the House of Lords on Friday, would be subject to ‘function creep’, with unscrupulous authorities taking advantage of people with depression in order to relieve themselves of the financial burden of paying for their care.

“If this law is granted, what will be deemed a possibility for the few will, very quickly I fear, become the expected for the many,” she wrote in a letter to Lord Carey which she has kindly provided to Vox Political.

“It’s cheaper to help people to die rather than support them to live.

“There is a catalogue of evidence demonstrating that, in those countries where assisted dying is permitted, very often those taking their own lives are suffering from a clinical depression and leave our world to resist the perception that they are a burden to loved ones.

“I am stunned that you would use your voice to try to permit this to happen in the UK.”

She pointed out that medicine is an inexact science and policy changes such as this could have an enormous detrimental impact: “My own webmaster, who is now desperately ill with possibly only weeks to live, was advised he had less than six months to live over four years ago.

“Until very recently, he still enjoyed a high quality of life with his wife, family and friends; a life that could have been removed four years ago” had the Assisted Dying Bill been law at that time.

“What this debate is demonstrating is the failure of guaranteed high quality palliative care in the UK, that makes those with a life-limiting diagnosis feel that self termination is a reasonable solution,” she warned.

“If palliative care was at the peak of quality and access then there would be no need to ever consider such a Bill for this country, as those who wish to access self termination are usually living in fear of the possible physical suffering they may need to endure. This is a highway to clinical depression when quality of life is deemed to have disappeared with diagnosis.”

The current Archbishop of Canterbury, Justin Welby, has described the Bill as “mistaken and dangerous” and Mo said she believed he had explained the dangers well.

He said: “This is not scaremongering. I know of health professionals who are already concerned by the ways in which their clients have suggestions ‘to go to Switzerland’ whispered in their ears by relatives weary of caring for them and exasperated by seeing their inheritances dwindle through care costs.

“I have received letters from both disabled individuals and their carers, deeply concerned by the pressure that Lord Falconer’s bill could put them under if it became law.”

Mo Stewart’s letter concludes: “In the real world, this Bill – if passed – would, I have no doubt, lead to abuses where some were actively persuaded to self terminate for the convenience, and possibly the inheritance, of others.

“It’s really not a very long way away from an assisted dying bill to an assisted suicide bill.”

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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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My letter to MEPs over the transatlantic trade stitch-up

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Please let me know what you intend to do.

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Osborne’s bid to end democracy by the back door

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America, cheap labour, Coalition, commercial, Conservative, control, corporation, democracy, Democrat, deregulate, deregulating, dispute, electricity, energy, environment, Europe, European Parliament, financial services, food, free trade, gas, george orwell, George Osborne, global, government, harmonisation, health, health and safety, Health and Social Care Act, investor, labour rights, labour standards, Lib Dem, Liberal, Mike Sivier, mikesivier, National Health Service, NHS, no amendment, non-elected, Parliament, people, politics, priority, privacy, profit, protest, public procurement, ratify, regulatory, Regulatory Co-operation Council, rights, Royal Mail, rule, settlement, slave, speech, state, Tories, Tory, Trade Commission, Transatlantic Trade and Investment Partnership, transnational, TTIP, undemocratic, undermine, United States, USA, Vox Political, water, work, working conditions, World Trade Organisation

The Coalition government has finally put its cards on the table, calling for the completion of a ‘free trade’ agreement with the United States of America that will end democracy as we know it today.

Do you think this statement is needlessly hyperbolic? In fact, it probably does not make the point strongly enough!

You will lose the ability to affect government policy – particularly on the National Health Service; after the Health and Social Care Act, the trade agreement would put every decision relating to its work on a commercial footing. The rights of transnational corporations would become the priority, health would become primarily a trade issue and your personal well-being would be of no consequence whatsoever.

Profit will rule.

Also threatened would be any other public service that has been privatised by this and previous governments, along with any that are privatised in the future; all would fall under the proposed agreement. So the debate over energy bills would be lost because gas and electricity provision would come under the agreement, along with water and the Royal Mail, among others.

Speaking today (Wednesday), Osborne announced: “We should set ourselves the urgent task of completing the transatlantic trade and investment partnership – the EU-US Free Trade agreement.

“This would be the world’s biggest ever trade deal – together our economies would account for half of global output.

“The Commission estimate it would boost the European economy by 120 billion euros a year – that’s over 500 euros for every family in the EU. It would bring £10 billion pounds a year to the UK alone.

“Some in the European Parliament talk about stalling this Trans-Atlantic Partnership to pursue other agendas.

“But when a quarter of young people looking for work in Europe are unemployed, this would be a complete betrayal.

“We need to create jobs, increase trade, support business growth – we’ve got the European tools to help with the job, let’s get on and use them.”

Did you notice that, for him, it’s all about the money? Yes – he mentions job creation. But these jobs would be provided under terms dictated by the hugely powerful global corporations. Their bosses would take the profits and ground-level employees would be treated like – well, like Orwell’s metaphor for the future: a giant boot, stamping on your face, forever.

You may have heard very little about this – and for a good reason. The architects of the planned agreement want the deal done before anybody realises what is going on and organises robust protest against it.

So let’s give you some of the facts:

The US/EU Trade and Investment partnership (TTIP), called Transatlantic Free Trade Agreement (TAFTA) in the US, is a bilateral trade agreement between the US and the EU. It goes much further than any previous EU trade agreement in deregulating, in establishing the rights of transnational corporations and in undermining the ability of governments to control corporations.

It is set to completely change our society, and is already in process, as with the NHS.

‘Trade’ and ‘international trade agreements’ are different. While most people would consider trade to be good thing, international trade agreements give rights to transnational corporations while reducing states’ rights to regulate them, thus reducing democracy.

All free trade agreements include goods, services and intellectual property rights – but the additional elements of the TTIP that are the main part of the agreement are much more far-reaching. These are regulatory harmonisation, investor state dispute settlement and the intention to establish global rules via these trade agreements.

‘Regulatory harmonisation’ means ‘harmonising’ regulation between the EU and US, downwards to the most lax form, across all areas, to suit transnational corporations. This will mean the degrading of regulation on health and safety, food, environment, labour standards, privacy and much more, including financial services regulation. The NHS is now already ‘harmonised’ with the US corporate-access public health model – and this was always the Conservative Party’s plan.

TTIP will also include ‘Investor State Dispute Settlement’ (ISDS), allowing transnational corporations to sue governments directly for the loss of any future profits resulting from any government action, at any level, such as new legislation. Where ISDS is already included in ‘trade’ deals, it is shown to lead either to big payouts from governments to transnational corporations or to deter governments from legislating – the ‘chill’ effect.

In theory, this means that if a national government had banned a product – a toy, perhaps – on the grounds that it was harmful to health because it contained lead – for example – the manufacturer could then sue that government for infringement of the TTIP. The national government would lose, and our children would come down with lead poisoning.

In practice, we can see a classic example in the current lawsuit taken out by Philip Morris, the antipodean tobacco giant, against the Australian government over the law that enforces plain packaging on all tobacco products there. The law was enacted to discourage people from smoking – an act with proven health risks – but it seems likely that Philip Morris will win because Australia’s government has restricted its ability to make massive profits.

TTIP and the TPP are intended to set global ‘trade’ rules which will eventually become the norms for the multilateral World Trade Organisation, but formulated outside of a structure that allows other countries to jointly resist the corporate-dominated agenda.

As with all bilateral ‘trade’ agreements, TTIP negotiations and agreement texts are secret until the negotiations are completed – ensuring that the public cannot protest against them until it is too late.

Trade agreements are effectively permanent.

Although international ‘trade’ agreements are negotiated government-to-government (by the Trade Commission for EU member states), they are promoted and driven by transnational corporations, which benefit from states being bound by international trade law – these are the the same transnational financial service corporations that caused the global financial crisis.

As part of the TTIP, a framework for the ongoing ‘harmonisation’ of all future regulation is being put in place with the setting up of a Regulatory Co-operation Council. This non-elected Council will be able to override national and EU legislation.

‘Public procurement’ – government spending – is a major target in the international trade agenda.

The TTIP is being rushed through, with the aim of completion by the end of this year (2014).

TTIP will include provision for the movement of temporary workers across borders. This will inevitably mean cheap labour, and the undermining of working conditions and labour rights, especially in a context of degraded regulation. These are the jobs George Osborne wants for you!

The Trade Commission has set up a communications ‘spin’ unit to manage public opinion on the TTIP.

Once TTIP negotiations are completed, the European Parliament will only have the right to say yes or no, to the deal, with no amendment allowed. It will then, as with all EU ‘trade’ agreements, be provisionally implemented before it comes to member state parliaments for ratification.

In the US, the government is seeking ‘Fast Track’ provision or Trade Promotion Authority (TPA) from the Congress. If granted, US representatives will similarly only be allowed to pass the agreement or not, without amendment.

You may wish to examine the following documents for further evidence:

EU Commission’s (leaked) mandate from EU Council to negotiate TTIP
http://www.s2bnetwork.org/fileadmin/dateien/downloads/EU-TTIP-Mandate-from-bfmtv-June17-2013.pdf

EU Commission’s (leaked) PR strategy “Communicating on TTIP” http://corporateeurope.org/trade/2013/11/leaked-european-commission-pr-strategy-communicating-ttip

EU Commission’s (leaked) concept paper on regulatory coherence
http://corporateeurope.org/sites/default/files/ttip-regulatory-coherence-2-12-2013.pdf

Corporate Europe Observatory’s analysis of the regulatory coherence document http://corporateeurope.org/publications/regulation-none-our-business 

George Monbiot’s articles on TTIP:
http://www.theguardian.com/commentisfree/2013/nov/04/us-trade-deal-full-frontal-assault-on-democracy

http://www.theguardian.com/commentisfree/2013/nov/04/us-trade-deal-full-frontal-assault-on-democracy

Big business control of UK policy-making,including the UK government White Paper on Trade:
http://www.theguardian.com/commentisfree/2013/nov/04/us-trade-deal-full-frontal-assault-on-democracy

These blog articles on TTIP:
http://davidaslindsay.blogspot.co.uk/2013/12/seeing-red.html

http://davidaslindsay.blogspot.co.uk/2013/12/seeing-red.html

http://kittysjones.wordpress.com/2013/12/06/the-coming-corporatocracy-and-the-death-of-democracy/

This Facebook page:
https://www.facebook.com/waatt.org

Action against TTIP is already taking place. Petitions are available to be signed:

https://secure.avaaz.org/en/petition/Stop_the_EUUS_free_trade_agreement/?aTAVNbb

http://www.avaaz.org/en/no_champagne_for_monsanto_loc/?bJcgccb&v=32207

http://action.sumofus.org/a/tpp-lawsuits/?akid=3025.1529716.rGZEQN&rd=1&sub=fwd&t=1

But more must be done.

You – that’s right, YOU – need to contact your MP and your MEP and make sure they oppose this evil plan to stamp on your rights.

Then you – that’s right, STILL YOU – need to get involved in setting up and building local and national groups to fight it, while you still can.

DON’T expect someone else to do it for you or you’ll end up a corporate slave.

… which is exactly what George Osborne wants.

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Gotcha! Bureaucrats’ bid to stifle freedom of information is uncovered

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allowance, appeal, campaign, claimant, death, Department, die, died, disability, DWP, employment, ESA, FOI, Freedom of Information, harassment, hearing, IB, ICO, Incapacity Benefit, Information Commissioner, irrelevant, mortality, office, Pensions, Research, rights, Samuel Miller, support, tribunal, vexatious, violate, violating, violation, work

It seems DWP responses to Freedom of Information requests are now known before the questions have even been considered.

Disability researcher Samuel Miller received an email from a senior case officer at the Information Commissioner’s Office today (Monday), referring to his long-standing request for information on Employment and Support Allowance/Incapacity Benefit claimant mortality – the number of people who died in 2012 while claiming these benefits.

It stated: “I have reviewed all the information available to me and note that the Commissioner has dealt with a similar complaint.

“You may be aware of the decision notice issued in [the case of my own FoI request, which is well-documented on this site]. That case has now been appealed to the Information Tribunal by the complainant.

“Under the circumstances I would strongly recommend that we do not proceed any further with your case until the Tribunal has reached a decision.

“I understand that this is a highly sensitive and important issue to you, but there is little to be gained by continuing the case as it stands. This is because DWP has not specifically applied an exemption when refusing your request, other than stating it does not intend to publish a further report and is monitoring requests etc. Therefore, I would have to direct DWP to issue a new refusal notice citing an appropriate exemption, and the process would in effect begin again. An internal review would be required before bringing your complaint to the Commissioner. I note that your original request pre-dates that in [my case] so it is unlikely that DWP could apply the same exemption to your request in hindsight.

“I appreciate that this seems like unnecessary ‘red tape’ however, we are bound by the legislation we oversee. The most that could be achieved at this stage would be to potentially find DWP in breach of section 1 and section 10 of the FOIA.”

For information, section 1 covers a general right of access to information, and may apply as Mr Miller’s request was not recognised as coming under the FoI Act, while section 10 refers to the timescale in which a public authority must respond to a request for information (20 days in the case of FoI requests) so it is likely that this section was breached by no less than six months.

The case officer continued: “In the event that the Tribunal disagrees with the Commissioner’s decision they can order DWP to disclose the information requested. If that proves to be the case then the information will be in the public domain and likely to be on the DWP website.

“Given the above, I recommend that this case is now closed. I would be grateful if you would confirm that you have no objection to this.”

The first thing to note about this is that it seems the Information Commissioner’s Office feels qualified to predict the result of a FoI request to the DWP.

Why go straight to rejection, when the request has not yet been considered in the context of the Freedom of Information Act? Should it not be examined in that light first, before proceeding to consideration of whether to provide the information or refuse it?

If the question has not been considered as a Freedom of Information request, a case officer from another organisation cannot – legally – tell a requester whether it will be refused or not.

This casts doubt upon the validity of the entire process.

Secondly, it seems both the Department for Work and Pensions and the Information Commissioner’s Office have chosen to link Mr Miller’s request with my own. This is inappropriate. My request was made after his was rejected, in response to that rejection, but is a separate request and each should be judged on its own merits.

For example, my request was rejected due to a claim that I had organised a campaign of harassment against the DWP. This is nonsense when applied to me, and irrelevant when applied to Samuel; nobody even knew about his request until he received his reply.

In my case, the Information Commissioner sided with the DWP for the even more ridiculous reason that I run a blog “in which the main focus is the DWP and their ‘cover-up’ on the number of IB and ESA claimants who have died in 2012”. That was “the most significant factor” in his opinion, but even the most disinterested glance through this site disproves it. Samuel Miller has a site, but it is concerned with documenting the problems facing disabled people and any suggestion that it is part of a plot to bring down any part of the government would be ludicrous.

Mr Miller is furious at this treatment of his entirely appropriate and legally-submitted request which, let’s not forget, pre-dates my own, as another part of the same matter. It isn’t.

As he put it in an email today: “No disrespect intended… but I take umbrage that the ICO is violating my rights by linking my case to your Tribunal appeal.  My case should be judged on its own merits, without the taint of a ‘vexatious’ ruling.

“It’s very upsetting that The Information Commissioner’s Office regards us as conjoined twins, joined at the hip like Chang and Eng Bunker (1811–1874).”

I sympathise completely.

I hope the ICO case officer will soon be receiving notice that Mr Miller does object to this treatment, that he wants his request considered on its own merits, and that he will consider any further action after a decision has been made in the proper manner.

But I feel constrained to go on record right now to say that, if he does, I will have had nothing to do with it.

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The lies that smashed the unions and destroyed our coal industry

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Arthur Scargill, betray, coal, Conservative, eating, economy, employee, energy, fuel, government, heating, Iain Macgregor, industrial action, industry, Justice, lie, Margaret Thatcher, Michael Scholar, Mike Sivier, mikesivier, mine, National Coal Board, National Union of Miners, National Union of Mineworkers, Nigel Lawson, Norman Tebbit, part-time, people, Peter Gregson, picket, police, politics, poverty, rights, self-employed, Sir Robert Armstrong, strike, Tories, Tory, trade union, unemployment, Vox Political, work, zero hours

So now we know that Margaret Thatcher lied about the scale of her attack on the British mining industry.

She told the country that only 20 pits were to be closed, when in secret she and National Coal Board chief Ian Macgregor had planned to close no less than 75.

The revelation vindicates then-National Union of Mineworkers’ leader Arthur Scargill, who claimed at the time that there was a “secret hit-list” of more than 70 pits marked for closure.

Documents released under what used to be called the Thirty Year Rule show that under the plan, two-thirds of Welsh miners would become redundant, a third of those in Scotland, almost half of those in north east England, half in South Yorkshire and almost half in the South Midlands. The entire Kent coalfield would close.

The workforce was to be cut by about a third, from 202,000 to 138,000.

Thatcher went on to use the lie as an excuse to break the power of the trade unions, setting the scene for the long decline in employees’ rights that has brought us to the current sorry situation in which part-time work, zero-hours contracts and fake ‘self-employed’ status are robbing us of what few entitlements we have left.

She used the police as a political weapon to attack picket lines, sowing seeds of distrust that persist to this day. How many people who saw the scenes of carnage during the miners’ strike can honestly say they trust the police to uphold the law without fear or favour? Is it not more accurate to say they fear the police as agents of a ruling elite?

She destroyed Britain’s ability to provide fuel for our own power stations, leading us into dependence on foreign powers for our energy needs. It is this helplessness – caused by the policies of that Conservative Prime Minister – that has put so many British families into fuel poverty under the current Conservative Prime Minister, forcing them to choose between heating and eating.

In short, Margaret Thatcher owes compensation to a huge number of British people.

Some might consider it a lucky escape for her that she died last year and will avoid our wrath, but then again, considering her state of mind at the end it is unlikely that she would have recognised what it was.

Perhaps it will be possible for some of her victims to claim compensation from her estate; that will be a matter for them.

But other leading Conservatives and civil servants were in on the plot – and they should not be allowed to walk away unpunished. These include:

• Nigel Lawson (Chancellor of the Exchequer at the time).
• Norman Tebbit (Employment Secretary).
• Sir Robert Armstrong (now Baron Armstrong of Ilminster, Secretary of the Cabinet in 1983). Armstrong has denied that there was a cover-up – an astonishing claim when documentation shows there was an agreement not to keep records of the secret meetings in which the plans were hatched and developed.
• Peter Gregson (although he may also be dead; attempts to determine his status have turned up nothing).
• Michael Scholar.

These are just the names on the document market ‘Secret’ meeting at No 10 on the BBC News report of the revelation.

They all knew about the lie and could all have told the truth but they did not.

They betrayed Britain.

Will they escape justice?

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Another Tory ‘bait-and-switch’ scam – shares-for-rights scheme is employers’ tax dodge

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'Starve the Beast', Another Angry Voice, avoidance, bait and switch, budget, capital gains, Coalition, congress, Conservative, Corporation Tax, debt, deficit, dodge, economy, employee owner, employee shareholder, evasion, flexible working, George Osborne, government, Mike Sivier, mikesivier, Mirror, OBR, observer, office, people, politics, redundancy pay, responsibility, rights, shares, social security, statutory, tax, Tories, Tory, trade, training, TUC, unemployment, unfair dismissal, union, Vox Political, welfare, work, workers

“This government is taking action domestically on [tax] avoidance and evasion,” wrote George Osborne in an article for The Observer, back in February. How right he was.

The Tory-led Coalition has done everything in its power to facilitate tax avoidance and ignore evasion, it seems, including the latest wheeze, which is to link it with a feeble attempt to get working people to throw away their rights in exchange for a few shares.

The BBC has reported that the new status of “employee shareholder” has come into force, allowing working people to claim shares in the company that employs them, if they give up the rights to claim unfair dismissal and statutory redundancy pay, the right to request flexible working (except in the case of two weeks’ parental leave), and some rights to request time off for training.

Nobody in their right mind would do this and expert opinion is that take-up will be small. So why do it?

Well, it’s not about the workers at all. It’s about helping company bosses avoid paying their taxes. Even the right-wing-leaning BBC was unable to cover up the facts (although it left them until the end of the article):

“Companies can also claim some corporation tax deductions on the issuance of shares to employees.”

Yes – it’s a tax dodge!

Here’s how it works, according to the Mirror: “New analysis show[s] it could also allow executives to avoid paying revenue on company shares. Tax experts commissioned by the TUC believe ruthless bosses could classify themselves as ’employee owners’ to escape Capital Gains Tax. And the Office for Budget Responsibility estimates the scheme could cost up to £1 billion, mainly due to tax avoidance.”

This will, of course, involve a drop in tax income to the Treasury, meaning increases in the national debt and deficit, which the Tories will no doubt use to justify further cuts to public service budgets as part of their ‘Starve The Beast’ agenda. Remember, this country has a chancellor who, for ideological purposes, actually wants to harm the British economy.

Meanwhile, as our friend at Another Angry Voice has put it: “If you’re thick enough to cash in your labour rights for a few grand worth of shares in the company you work for, then in a couple of years time when people are calling you ‘feckless’ for being unemployed, you’ll be one of the minority that actually deserve it (and your shares might well be worth only pennies in the pound compared to the value they had when you scrapped your labour rights to get them).”

Are you going to let David Cameron abolish your rights without a fight?

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age, agency, agency workers, barrier, bedroom tax, benefit, break, cap, child, children, conditions, Conservative, David Cameron, day, directive, disability, disabled, discrimination, employ, employment, EU, european union, family, gender, Glenis Willmott, harassment, health, human, Labour, leave, lunch, Martin Callanan, maternity, MEP, Mike Sivier, mikesivier, off, orientation, paid, parental, politics, pregnant, pregnant workers, reason, red tape, religion, rights, risk assessment, safety, sex, tea, time, Tories, Tory, trade, union, Unions Together, Vox Political, work, worker, working time

Skewed view: This image (not mine) provides a startlingly accurate representation of the way British Conservatives see Europe. Do you honestly think they can be trusted to honour the human rights that European laws have granted us?

You do realise what David Cameron means when he says he wants to re-negotiate our membership of the European Union, don’t you?

For a start, he means he wants to abolish laws that protect the human rights your ancestors fought tooth and nail to win for you.

He won’t make any deals in your interest. That’s not in his nature.

If he gets his way, you could lose the right to:

• Written terms and conditions of work, and a job description – and the right to the same terms and conditions if transferred to a different employer.
• Four weeks’ paid leave from work per year.
• Not be sacked for being pregnant, or for taking time off for ante-natal appointments.
• Come back to work after maternity leave, on the same pay, terms and conditions as before the leave started.
• Health and safety protection for pregnant women, new and breastfeeding mothers.
• Parental leave.
• Equal treatment for workers employed through an agency.
• Tea and lunch breaks during the working day for anyone working six hours or more
• One day off per week.
• Time off for urgent family reasons.

In addition, Cameron could relieve employeers of the legal obligation to ensure the health and safety of their workers, including undertaking risk assessments, acting to minimise risks, informing workers of risks, and consulting on health and safety with employees and their representatives. In his cost-cutting brave new Britain you’d just have to take your chances.

Health and safety representatives from trade unions could lose the right to ask employers to make changes in order to protect workers’ health and safety, and they would lose their protection against unfair treatment by their employer for carrying out their duties in relation to this.

The ban on forcing children less than 13 years of age into work could be lost, along with the limit on the hours children aged 13 or more and young people can work.

Children who could then be forced into work, regardless of the effect on their education, would have no rules protecting their health and safety, and the rules that say they can only be employed doing “light work” could also be abolished.

Protection from discrimination or harassment at work on grounds of gender, religion or belief, disability, age or sexual orientation – direct or indirect – could be dropped.

And the right of disabled people to expect their employers to make reasonable adjustments for them at work could also be abolished.

These are just your rights at work!

Cameron himself has said, as leader of the Opposition: “I do not believe it is appropriate for social and employment legislation to be dealt with at the European level. It will be a top priority for the next Conservative government to restore social and employment legislation to national control.”

And as Prime Minister: “Complex rules restricting our labour markets are not some naturally occurring phenomenon. Just as excessive regulation is not some external plague that’s been visited on our businesses.”

To find out what he meant by those words, we must turn to the former leader of the British Conservative MEPs, Martin Callanan, who said: “One of the best ways for the EU to speed up growth is to … scrap the Working Time Directive, the Agency Workers Directive, the Pregnant Workers Directive and all of the other barriers to actually employing people if we really want to create jobs in Europe.”

Of course, they distort the facts. These rules aren’t barriers to employing people at all; they are structures within which people may be employed responsibly.

The Tories want to ban responsibility in the workplace. They want a return to dangerous employment conditions, abuse of workers and the removal of any legal protection from such abuse that they may have.

They will tear apart your rights at work.

So, if you are living in the UK and you’ve got a job, please take a moment to consider what this means for you. You might agree with the Coalition on its benefits policy that has led to thousands of deaths of sick and disabled people; you might agree with its bedroom tax and too-low benefit cap that has led to a rapid rise in debt and homelessness among the unemployed and those on low wages.

But now you know they’re coming for you, too.

What are you going to do about it?

Are you going to sit on your thumbs and do nothing – just meekly wait for them to rock up and tell you they’ve abolished all your rights at work and you can now go and slave for them in appalling conditions with absolutely no legal protection at all?

In other words, when it’s you that’s threatened, are you going to let it happen, just like you let it happen to the sick, disabled, unemployed and low-waged?

Or are you going to take action and make a difference?

It doesn’t take much. You could write to David Cameron and to your MP at the House of Commons. You could email them – just look up the addresses on They Work For You, or you could add your name to the letter being created by Unions Together. Yes, I know Mr Cameron says the unions are a bad thing, but in this case the enemy of your enemy is your friend.

As the leader of the European Parliamentary Labour Party, Glenis Willmott MEP, says: “Our rights at work are not ‘red tape’ to be slashed away. Don’t let Cameron and the Tories get away with this great European scam.”

Disabled people’s rights are hanging on upcoming judicial review

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Welcome to hell: The work capability assessment is the start of a long path involving challenges, continual reassessments, misdirection or demands from the DWP, Job Centre Plus or work programme providers, leading eventually to despair, destitution and, in many cases, death. Could YOU mount a judicial review against this regime?

An appeal to the United Nations, using its Convention on the Rights of People with Disabilities to show how the sick and disabled in the UK are being mistreated by the government, will depend on the result of a judicial review later this month.

I have previously documented the work of Samuel Miller, to make the UN aware of the life-threatening activities undertaken by the Department for Work and Pensions under Iain Duncan Smith’s regime of cuts and changes to entitlement, so he should need no introduction.

Mr Miller has been hoping to induce the UN to consider whether the current Smith/DWP regime contravenes international agreements on human rights and the rights of the disabled. Many Vox Political readers have submitted evidence to him, to be used in support of this.

But he wrote to me yesterday, saying this work must be deferred until the result of the judicial review is known.

“Submission criteria require that domestic remedies be exhausted,” he wrote. “Any complaint submitted to the [UN] committee must first have been submitted to the national courts and authorities for consideration.

“As you are probably aware, there’s an upcoming judicial review of the Work Capability Assessment for people living with mental health problems. The dates are January 15-16 & 18, in the Upper Tribunal Courts in London.

“If I can demonstrate to the UN that remedies invoked by the State are neither effective nor available, then UNCRPD complaints would carry more weight.”

He quoted a letter from Jorge Araya, secretary of the UN committee on the rights of persons with disabilities, who stated: “Complainants have initially the duty to demonstrate that they have exhausted domestic remedies, then the burden shifts to the State party to demonstrate that there are remedies still available; if that happens, complainants should demonstrate  that remedies invoked by the State are neither effective nor available.”

So that’s the situation at the moment. Before Christmas, Mr Miller said the amount of time required to mount a judicial review would put the lives of sick and disabled people in jeopardy; that is not the case while one is about to be heard.

Also, consultation with a barrister, Steve Broach (@SteveBroach) has suggested that sick and/or disabled people should explore potential judicial review with solicitors – especially after the DWP announced that people on sickness benefits were “to be offered work experience to help them back into a job”.

The DWP’s announcement last month stated: “People on Employment and Support Allowance (ESA) who have been assessed as being able to go back to work at some point are placed in the Work-Related Activity Group for the benefit and are expected to take part in activity which helps them prepare for a return to employment. One of the options available to them will now include voluntary work experience.

“Having taken into account an individual’s circumstances, a Jobcentre Plus adviser or Work Programme provider may feel that an appropriate mandatory work placement – which must be of benefit to the community – would be helpful.

“People who fail to carry out any agreed work-related activity without good reason may face having their benefits sanctioned. The sanction will be made up of an open-ended period which is lifted when the claimant meets the requirements, followed by a short fixed period of 1, 2 or 4 weeks.”

The sticking-point would be the cost of bringing a judicial review – in the region of £10,000 to £20,000 for a straightforward case; higher for a more complex matter. If the claimant is unsuccessful, they are likely to be liable for the defendant’s costs as well as their own. “They are therefore looking at a legal bill of upwards of £30,000 if they lose, and they must be prepared for this eventuality, bearing in mind the unpredictability of judicial review proceedings and costs orders,” Mr Miller told me.

Also, of course, we know that David Cameron has vowed to crack down on appeals that delay new laws, planning decisions and policies, and this could potentially be extended to human rights judicial reviews, since his has government already made substantial cuts to legal aid.

What do you think? I’m really interested in hearing what readers think about this.

Could you mount a judicial review, if a decision was made to force you into a work placement and you thought it would harm your health?

What about those of you in the legal profession? You should understand the current situation – regarding the cost of legal action – better than anyone else – is it realistic to expect people on sickness and disability benefits to finance expensive court cases?

If not, what other possibilities are available?

Would a Bill of Rights squash terrorism – or promote forced labour?

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Act, BBC, benefit, benefits, bill, Cait Reilly, Coalition, Conservative, David Dennis, Department for Work and Pensions, Disregarded, DWP, EU, european convention, european union, government, human rights, Jamieson Wilson, Jobseeker's Allowance, Mandatory Work Activity, Mike Sivier, mikesivier, Mr Justice Foskett, people, politics, Poundland, rights, terrorism, Tories, Tory, unemployment, Vox Political, welfare, Work Programme, work programme provider, Workfare

Yes, Cait Reilly AGAIN. She won her court case against the government, you know – her HUMAN RIGHTS case. Could that be one reason the Conservatives want the current law repealed?

I have read only the BBC website report on the commission that was set up to decide whether we should ditch the Human Rights Act in favour of a new ‘Bill of Rights’, but a few things appear clear:

This is being treated as an argument between those who are pro- and anti- the European Union.

People are being asked to consider changes to human rights legislation as a way of combating terrorism.

Both – as we know – are well-worthy of debate, but I wonder why we’re not discussing the elephant in this room. We already had a very well-publicised human rights case in our courts this year, and it had nothing to do with terrorism; it was the case against the Department for Work and Pensions that was won by Cait Reilly, the graduate who was forced to leave her voluntary work in a museum to stack shelves at Poundland on the government’s Workfare scheme.

Oh, you still think she lost?

To refresh your memories, Ms Reilly took the DWP to a judicial review, claiming that being forced to undergo Workfare contravened article 4 (2) of the European Convention on Human Rights: “No one shall be required to perform forced or compulsory labour.” Mr Justice Foskett found in her favour.

He stated: “I would be inclined to grant her a declaration that there was a breach of Regulation 4(2) in her case … Her original complaint arose from what she was wrongly told was a compulsory placement on a scheme that (a) impeded her voluntary efforts to maintain and advance her primary career ambition and (b) having embarked upon it, from her perspective, did not offer any worthwhile experience on an alternative career path. It is not difficult to sympathise with her position from that point of view.”

I know, it’s entirely different from what the mass media told us, back in August when the ruling was made. They cherry-picked this for us to digest instead: “Characterising such a scheme as involving or being analogous to ‘slavery’ or ‘forced labour’ seems to me to be a long way from contemporary thinking”.

The judge was actually saying that, if Ms Reilly had been properly informed of the regulations, she would not have been led to believe she was being put into forced labour. He said the issue arose “from events that occurred in the early stages of the Employment, Skills and Enterprise Scheme when the advisers with whom they communicated were less experienced” and added: “Whether the problems … were merely “teething problems” remains to be seen. The issues raised … were properly raised.”

He went on to say: “Whilst there may be others who have experienced similar issues and have had similar problems, the evidence is that a large number of other individuals will have taken part in the scheme, some of whom would doubtless say they have benefited from it.”

We have since found the opposite to be the case. On November 27, we all heard that, during its first 14 months, only 3.53 per cent of jobseekers who took part in the government’s mandatory work activity programme – of which Workfare is a part – actually found a job for six months or more. They would have had a better chance of finding a job if the work programme had not existed.

I wonder what Mr Justice Foskett thinks now, bearing in mind his words then?

Whatever the case, the government is ploughing ahead with the scheme, and one has to wonder why. It is an embarrassment. It doesn’t work. It has broken the law on human rights.

What if it wasn’t supposed to get people into work, though? What if it’s supposed to do something different?

What if it’s a way of providing a cheap workforce to companies that may (or may not) donate money to the party currently in government, thereby also ensuring that unemployment stays artificially high in order to discourage the workforce from seeking increased pay?

What if it’s a way of funnelling taxpayers’ money off to profit-making companies such as the ‘Work Programme Provider’ firms, that receive £600 for each jobseeker referred to them, plus £200 for the ‘activities’ they offer to prepare those jobseekers for the world of work (see my article on David Dennis’s new book, Disregarded, for a first-hand account of that waste of time)?

If that was the case, then a law that had already led to not one, but two court actions against the government (the other being by Jamieson Wilson, also considered and upheld by Mr Justice Foskett) would be… how can I put it?

Inconvenient?

It’s just a thought, but if you don’t see the sense in it, you might just as well be buying your own set of chains.