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Tag Archives: transparency

Goodbye to Britain’s National Health Service, Hello Tory Dystopia

13 Monday Jan 2014

Posted by Mike Sivier in Benefits, Conservative Party, Corruption, Health, Immigration, Politics, UK

≈ 12 Comments

Tags

authoritarian, benefit, competition, Conservative, Daily Mail, David Cameron, disability, dystopia, Global Comment, government, Health and Social Care Act, immigrant, immigration, mandate, Mike Sivier, mikesivier, National Health Service, NHS, people, politics, privatisation, privatise, protest, quality, risk assessment, state, The Guardian, The Lancet, Tories, Tory, transparency, transparent, unpaid, Vox Political, welfare, work, Work Programme, Workfare


140113THAP!

Here’s an article from US website Global Comment on what America clearly understood to be the privatisation of the National Health Service in England. It was published in March 2012, about a month after the Health and Social Care Act was passed – and seems much more perceptive in its evaluation than – for example – the BBC!

The article states: “The level of health care privatization being implemented by the British government via the Health and Social Care Bill (and experts agree it amounts to privatization and will lead to more, even as ministers known to love the private sector deny it) is seen by many as essentially the end of the National Health Service (NHS). The editor of the respected medical journal The Lancet has described the impact of this “coming disaster” very bluntly: ‘People will die thanks to the government’s decision to focus on competition rather than quality in healthcare.'”

It continues: “A hatchet is being taken to the NHS without a mandate, which explains the lack of transparency and authoritarianism of the process. The government doesn’t want a risk assessment for their “reforms” published, and meanwhile protests that have been held with the aim of quite literally conserving a beloved British institution, a pillar of the welfare state, have been policed as if they were radical demonstrations aiming to smash the state.

“The Conservatives very explicitly lied about their intentions: a famous and frequently parodied campaign poster featured Tory leader and now Prime Minister David Cameron promising that he wouldn’t cut the NHS.”

Moving on to other policies, it states: “In place of free healthcare for UK citizens, the government is providing free labor for corporations: “Jobseekers have been made to do compulsory unpaid work for up to four weeks after refusing to take part in the voluntary work experience scheme,” reports The Guardian.

“And there are all kinds of other nasty Tory plans in motion to make Britain a more grim, awful place. They plan to kick out immigrants from outside the European Union who earn less than £35,000, which is to say almost half the country’s nurses. Cameron’s cuts to disability benefits are so severe as to have even prompted the departure of long-term members of his party – appalled by the “endless attacks on disabled people and their right to independence and full equality” – and fierce opposition from columnists for The Daily Mail, usually a bastion of right-wing meanness.

“How did things get so bad, so fast?”

Well worth reading.

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Foiled! Lords veto Coalition bid to make being ‘annoying’ an arrestable offence

08 Wednesday Jan 2014

Posted by Mike Sivier in Conservative Party, Crime, Justice, Law, Liberal Democrats, People, Police, Politics, UK

≈ 18 Comments

Tags

Act, annoy, annoyance, Anti-Social, antisocial behaviour, arrest, ASBO, awful legislation, Behaviour, bill, cannabis, civil, Coalition, concession, Conservative, crime, criminalise, Democrat, freedom of speech, government, harassment, health, house, imprecise, injunction, IPNA, Lib Dem, Liberal, liberty, lobbying, Lord Blair, Lord Dear, Lord Faulks, Lord Justice Sedley, Lords, loud, Mike Sivier, mikesivier, music, nuisance, order, Parliament, Patrick Cormack, peer, people, police, policing, political, politics, Prevent, protest, setback, social care, Tories, Tory, transparency, upset, vague, Vox Political, window dressing


140108ipna

The Conservative-led Coalition government has suffered a major setback in its plan for an oppressive law to criminalise any behaviour that may be deemed a nuisance or annoyance.

The Antisocial Behaviour, Crime and Policing Bill was intended to allow police the power to arrest any group in a public place who constables believe may upset someone. It was rejected by 306 votes to 178, after peers on all sides of the House condemned the proposal as one that would eliminate carol-singing and street preaching, bell-ringing and – of course – political protests.

It seems the Lords are more interested than our would-be tyrants in the Conservative and Liberal Democrat Cabinet in the basic assumption of British law – that a person is innocent until proven guilty.

The politics.co.uk website, reporting the government’s defeat, said the new law would have introduced Injunctions to Prevent Nuisance and Annoyance (IPNAs) to replace Anti-Social Behaviour Orders (ASBOs).

It explained: “Whereas an Asbo can only be granted if a person or group is causing or threatening to cause ‘harassment, alarm or distress’ to someone else, an Ipna could be approved merely if a judge believes the behaviour in question is ‘capable of causing nuisance or annoyance to any person’.

“Opinion could have been swayed by a mistake from Lord Faulks, the Tory peer widely expected to shortly become a minister who was asked to give an example of the sort of behaviour which might be captured by the bill.

“He described a group of youths who repeatedly gathered at a specific location, smoking cannabis and playing loud music in a way representing ‘a day-by-day harassment of individuals’.

“That triggered consternation in the chamber as peers challenged him over the word ‘harassment’ – a higher bar than the ‘nuisance or annoyance’ threshold he was arguing in favour of.

“‘I find it difficult to accept a Conservative-led government is prepared to introduce this lower threshold in the bill,’ Tory backbencher Patrick Cormack said.

“‘We are sinking to a lower threshold and in the process many people may have their civil liberties taken away from them.'”

It is the judgement of the general public that this is precisely the intention.

Peers repeatedly quoted Lord Justice Sedley’s ruling in a 1997 high court case, when he declared: “Freedom to only speak inoffensively is not worth having.”

It is interesting to note that the government tried a well-used tactic – making a minor concession over the definition of ‘annoyance’ before the debate took place, in order to win the day. This has served the Coalition well in the past, particularly during the fight over the Health and Social Care Act, in which claims were made about GPs’ role in commissioning services, about the future role of the Health Secretary, and about the promotion of private health organisations over NHS providers.

But today the Lords were not fooled and dismissed the change in agreement with the claim of civil liberties group Liberty, which said – in words that may also be applied to the claims about the Health Act – that they were “a little bit of window dressing” and “nothing substantial has changed“.

A further concession, changing the proposal for an IPNA to be granted only if it is “just and convenient to do so” into one for it to be granted if it targets conduct which could be “reasonably expected to cause nuisance or annoyance” was torpedoed by Lord Dear, who rightly dismissed it as “vague and imprecise“.

That is a criticism that has also been levelled at that other instrument of repression, the Transparency of Lobbying Bill. Lord Blair, the former Metropolitan police commissioner, invited comparison between the two when he described the Antisocial Behaviour Bill in the same terms previously applied to the Lobbying Bill: “This is a piece of absolutely awful legislation.”

The defeat means the Bill will return to the House of Commons, where MPs will have to reconsider their approach to freedom of speech, under the scrutiny of a general public that is now much more aware of the threat to it than when the Bill was first passed by our allegedly democratic representatives.

With a general election only 16 months away, every MP must know that every decision they make could affect their chances in 2015.

We must judge them on their actions.

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Police State Britain: Tories would arrest you for looking at them in a funny way

07 Tuesday Jan 2014

Posted by Mike Sivier in Conservative Party, Crime, Justice, Law, Liberal Democrats, Media, People, Police, Politics, Terrorism, UK

≈ 32 Comments

Tags

allowance, annoyance, anti-terror, antisocial behaviour, arrest, benefit, bill, Chris Grayling, claimant, constituency, crime, David Cameron, death, Department, die, employment, ESA, fair, FOI, Freedom of Information, G4S, government, IB, Incapacity, lobbying, Mike Sivier, mikesivier, mortality, Nicky Wishart, nuisance, Oakwood, office, Parliament, Pensions, people, police, policing, politics, prison, private, protest, public, save, support, transparency, upset, vexatious, Vox Political, work, youth centre


Antisocial: Under the new legislation, the role of the police as the strong arm of the state will increase; law and order will have increasingly less to do with their job.

Antisocial: Under the new legislation, the role of the police as the strong arm of the state will increase; law and order will have increasingly less to do with their job.

Isn’t it nice for our police that they seem to have had a long time to prepare for the new Antisocial Behaviour, Crime and Policing Bill’s passage into law – as long ago as 2010 they were warning a 12-year-old boy, who wanted to save his youth centre, that they could arrest him.

The Mirror reported at the time that Nicky Wishart was removed from class – by anti-terror police – after he used Facebook to organise a protest outside David Cameron’s constituency office. His innocent request for people to “save our youth centre” was used as evidence against him.

Nicky lives in Cameron’s Witney, Oxfordshire constituency. The paper reported him as saying, “All this is because Mr Cameron is our local MP and it’s a bit embarrassing for him.”

On a personal note, this story bears a strong resemblance to what happened when I submitted my Freedom of Information request on mortality rates for people claiming Employment and Support Allowance/Incapacity Benefit. My own request for anyone else who believes the facts should be known to follow my example was held up as an excuse to dismiss the request as “vexatious” and refuse to answer it – and it is clear that this site continues to be monitored by the Department for Work and Pensions.

Nicky’s story could be repeated many times every day if the Antisocial Behaviour, Crime and Policing Bill becomes law.

As Jayne Linney has pointed out in an article I reblogged here today, it criminalises “any behaviour that may be deemed as “nuisance”, or liable to cause annoyance… it actually allows the police to arrest any group in a public place they think may upset someone!”

Peaceful protest will become a criminal offence.

The basic assumption of British law – that a person is innocent until proven guilty – will be swept away and forgotten.

Not only does this link in with the aims of the so-called Transparency of Lobbying Bill – to gag anyone who would inform the public of the ever-more harmful transgressions committed by our ever-more despotic right-wing rulers – it also provides an easy way of filling all the privately-run prisons they have been building.

Of course, some might argue that this would be no hardship, since the new private prisons are run appallingly badly. However, Justice Secretary Chris Grayling has praised the failing Oakwood, mismanaged by G4S, as his favourite prison and anyone saying differently after the Lobbying Bill is passed, or campaigning to make it less easy to get drugs and more easy to get soap there after the Antisocial Behaviour bill is passed, will face the possibility of a term inside.

And consider this: The Conservative-led government has hundreds of millions of pounds for projects like Oakwood, run by their favourite firms like G4S – but if you want help getting a business going you’re pretty much on your own. They will change the law to ensure that their version of events and opinion on issues can be broadcast to the masses, while opposing views are gagged. Yet they describe all their actions as “fair”.

How would you describe their behaviour?

Get your answers in quickly; they’ll soon be illegal.

(Thanks, as ever, to the ‘Constable Savage’ sketch from Not The Nine O’clock News for help with the headline.)

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Government responds to the e-petition against corruption

13 Friday Dec 2013

Posted by Mike Sivier in Corruption, Politics, UK

≈ 24 Comments

Tags

accuracy, accurate, Act, Andrew Lansley, ban, bill, Care UK, code of conduct, corruption, criminal, donation, donor, e-petition, election, finance, financial, fracking, gain, government, Health and Social Care, Interest, Local Government Act 1972, member, Mike Sivier, mikesivier, money, MP, Parliament, Party, practicable, practical, register, speak, transparency, Transparency of Lobbying Bill, transparent, vote, Vox Political


hm_gov

What interesting timing.

The government has a duty to make some kind of response if an e-petition on its website passes 10,000 signatures. My own e-petition – ‘Ban MPs from voting on matters in which they have a financial interest’ – passed that point several weeks ago, but it is only now – right before Christmas, when people have many other matters on their minds – that it has been graced with a response.

And what a weak response it is!

The petition calls on the government to legislate against MPs speaking or voting in debates on matters which could lead to them, companies connected with them or donors to their political party gaining money.

The response runs as follows: “The participation of Members of Parliament in debates and votes are a matter for the rules of each House rather than for legislation.” How interesting. Every other level of government has legislation covering this – look at the Local Government Act 1972. What makes Parliament so special?

“The rules are based upon the principle of transparency: the registration and the declaration of any financial interests. In the House of Commons, the Code of Conduct requires Members to fulfil the requirements of the House relating to the registration of interests in the Register of Members’ Financial Interests and to be open in drawing attention to any financial interest in proceedings of the House. The application of these rules are explained in The Guide to the Rules relating to the Conduct of Members.” This raises the question: Why were these rules not applied so that, for example, Andrew Lansley could not speak on his own Health and Social Care Bill because he had received £21,000 of support from the private health company Care UK? Clearly he was in breach of the rules, and it is just as clear that no action was taken. This demonstrates the need for robust enforcement – with a criminal penalty for transgressors.

“Similar rules apply in the House of Lords. These make clear that it is for Peers themselves to declare a financial interest if a reasonable person might think that their actions could be influenced by a relevant interest.

“In both Houses the respective Registers of Interests are publically available and updated regularly.” How often are they checked for accuracy?

Now we come to the meat: “It would not be practicable to prevent Members speaking or voting in debates on legislation which could financially benefit any commercial operation in which they have a financial interest or which has made donations to themselves of their party. A significant number of legislative provisions in any year may have beneficial financial implications for all or most commercial operations. The requirement proposed would impose a duty on all Members to ascertain whether a general legislative provision might be of financial benefit to particular operations in which they had an interest. There are questions as to how such a complex requirement could be policed effectively and what sanctions would apply.”

This is bunkum. There is a huge difference between legislation that is designed to help all businesses and that which is designed to improve the profitability of a particular sector – such as the healthcare sector inhabited by Care UK, in the case of Mr Lansley that I have already mentioned.

Is a particular commercial sector, or an individual company, likely to benefit from legislation? If so, have any MPs taken money from that company, or one within that sector? Have such firms contributed to the funds of the party bringing that legislation forward? If the second condition is met, then that Member should not be allowed to speak; if the third condition is met, then this is corrupt legislation and should not be allowed before Parliament. It really is that simple. How many MPs or Peers have an interest in fracking?

In fact, considering their enormous salaries, why are MPs allowed to have any other financial interests at all?

“The rules of the House of Commons already prohibit paid advocacy, so Members cannot advocate measures which are for the exclusive benefit of a body from which they receive a financial benefit.” Then why was Lansley allowed to bring forward a bill that promised to benefit Care UK?

“In other cases, where legislation or debate affects a body from which a Member receives a financial benefit, that interest must be properly registered and declared.” How often is that checked?

“In relation to political donations and election expenditure, the Government is committed to further improving transparency and accountability, so as to prevent a situation where opaque and unaccountable groups spend large sums of money attempting to influence the political system. Measures to achieve this objective are included in the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill which is currently before the Parliament.” This is a Bill that has been pilloried as an example of the poorest legislation ever put before a British legislative body – it is not a good example to use in defence of a corrupt system.

That is the government’s point of view – for all that it is worth. I think we owe it to the people of the UK to respond – so let us lay this open to anybody who has an opinion.

Do you know of an instance in which the rules – as laid out in the government response published here – have been broken? Please get in touch and tell us what you know – making sure you provide as much evidence as possible. This site is not in the business of libelling honest politicians – we only like to expose those who are crooked.

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

04 Wednesday Dec 2013

Posted by Mike Sivier in Business, Corruption, Economy, Employment, European Union, People, Politics, UK, USA

≈ 49 Comments

Tags

America, arbitration, bank, bias, Britain, bureaucrat, business, Caroline Lucas, cigarette, citizen, Coalition, compensation, Conservative, corporate, court, democracy, Democrat, dispute, environment, EU, Europe, European Commission, european union, Eurosceptic, finance, financial, free trade, George Monbiot, government, green, growth, health, independence, investment, investor-state, jobs, Kenneth Clarke, Labour, lawyer, Lib Dem, Liberal, lobbyist, manage, MEP, Mike Sivier, mikesivier, mine, mining, overrule, Packaging, panel, Parliament, partnership, people, plain, politics, protection, regulation, safety, settlement, shale, sovereign, sue, Tories, Tory, trade, transatlantic, transparency, Transparency of Lobbying Bill, TTIP, UK, undermine, United States, US, Vox Political


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]

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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Dilemma for private bosses as Labour unveils transparency plan for public service work

28 Monday Oct 2013

Posted by Mike Sivier in Business, Corruption, Labour Party, Politics, Public services, UK

≈ 7 Comments

Tags

10-minute rule, advantage, advisor, avoid, bribe, charity, Coalition, commercial, companies, company, confidential, Conservative, corrupt, Democrat, firm, FOI, Freedom of Information, government, Grahame Morris, healthcare, Labour, Lib Dem, Liberal, Mike Sivier, mikesivier, National Health Service, NHS, open, Parliament, policy, politics, private, provider, public, revolving doors, Sadiq Khan, secrecy, sector, sell, service, spy, state, tax, transparency, transparent, undercut, unfair, veil, Vox Political


An end to the corporate backhander? [Picture: This Is Money}

An end to the corporate backhander? [Picture: This Is Money}

A Labour government would make private companies who provide services at the taxpayers’ expense obey public sector transparency rules, it has been revealed.

The change means firms and charities that sell services to the state – for example, all the private companies now working in the NHS – would lose their right to commercial confidentiality.

The Freedom of Information Act would be extended to cover them and they would have to reveal their commercial secrets if a FoI request required them to do so.

If enacted, this is likely to be more effective in creating transparency of lobbying than the Parliamentary Bill of the same name that is currently working its way through Westminster.

The policy was revealed in a Sunday Times article which is paywall protected. Labour has yet to release an announcement on its website.

The article quotes shadow justice secretary Sadiq Khan, who said: “More and more of our public services are being delivered by private companies and charities, out of reach of freedom of information. We must demand the same openness from them as we expect from government. It’s not on to let these organisations hide behind a veil of secrecy.”

Bravo.

The new policy comes after a 10-minute rule motion by Labour’s Grahame Morris began its journey through Parliament earlier this month. Such motions rarely get very far because the government of the day usually opposes them in the later stages and there is often too little time to complete the debate.

But these bills stimulate publicity for their cause, and it seems clear that the Labour leadership has taken this particular cause on board.

So it should – concerns are high that unfair advantages are being handed to, for example, the private healthcare companies, who are then able to hide the facts behind the veil of commercial confidentiality. Why should they be allowed to do this when they are providing a public service, funded by the citizens of the UK?

Existing NHS operators do not have the advantage of commercial confidentiality and must provide details of the way they operate if a FoI request is submitted to them. This makes them vulnerable during the bidding process for NHS contracts, as private operators can ask about the current providers’ operations and then undercut them to get the work.

Then there’s the so-called “revolving doors” practice, in which government advisors move to lucrative contracts in the private sector, often after providing advice that changes government policy in favour of their new employer. Mr Morris’s motion noted that “at least five former advisors to the Prime Minister and the Chancellor of the Exchequer are now working for lobbying firms with private healthcare clients”.

This is a corrupt practice – the firms gain an unfair advantage because they have, if you like, a spy in government manipulating affairs to their advantage. Nothing is done about this at the moment, nor will the Labour proposal change that situation – but we will all be able to see who the spies are.

It would probably be advisable for a future Labour government to put powers in place to reverse any change in the law due to corrupt advice intended to engineer a commercial advantage to a private company. Restricting the movement of government employees to other jobs would be problematic, but if it is known that any changes they effect will be reversed after such a move, then the exercise would become pointless.

Companies would not be able to pay a person to influence the government while they remained in the taxpayers’ employ, as this would be a clear case of bribery and corruption.

A previous VP article on this subject mentioned the idea of the level playing field – and Labour is to be praised for producing policies intended to restore that principle to government in the face of Conservative and Liberal Democrat efforts to skew the field in favour of their corporate chums.

And the corporates themselves? Well, their bosses are likely to be furious and it’s possible that all kinds of threats will come in Labour’s direction.

That’s fine. A Labour government can take any such complaint in stride by launching a programme to revise government tax strategy with regard to corporates, and bring any complaining company to the top of the list.

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‘Chequebook politics’ to continue despite Transparency Bill amendments

26 Thursday Sep 2013

Posted by Mike Sivier in Business, Conservative Party, Corruption, Media, People, Politics, UK

≈ 4 Comments

Tags

amendment, Andrew Lansley, bait and switch, bill, boss, business, campaigning, chequebook, Coalition, Conservative, corporate, corporation, distraction, free speech, government, lobby, lobbying, master, Mike Sivier, mikesivier, outlaw, Parliament, people, politics, third party, Tories, Tory, trade union, transparency, Transparency of Lobbying, Vox Political


"How much to make sure my company runs Project X, David?" Chequebook politics will continue to run the UK if the Transparency Bill is passed.

“How much to make sure my company runs Project X, David?” Chequebook politics will continue to run the UK if the Transparency Bill is passed.

You know the old saying: “You can fool all of the people some of the time … blah blah blah … but you can’t fool all of the people all of the time.”

It seems the Conservative Party is determined to write in a new line: “But you can fool most of the people, enough of the time!”

Why else would they be doing what they’re proposing with the so-called Transparency Bill (which is in fact yet another permutation of their boring old bait-and-switch tactic)?

You know, dear reader, that this Bill is about ensuring that David Cameron’s corporate masters continue to have access to him whenever they want to open their chequebooks and give him an order. This blog – and others, we’re sure – has made that very clear.

You also know that it is about attacking the unions, rendering it almost impossible for them to carry out their business without being in breach of the new law.

The third section of the Bill – the part about “non-party campaigning” – was bolted on to provide a distraction, raising concerns across the country that free speech would be, effectively, outlawed in the UK. It seems clear now that this was included purely to provide a focal point for public outrage, away from the main purposes of the legislation.

Now, Andrew Lansley has come forward with amendments to the Bill – aimed at addressing “misunderstandings”. Misunderstandings on what?

On third party campaigning. And nothing else.

The government’s press release states that the amendments will:

  • Remove the additional test of “otherwise enhancing the standing of a party or candidates” from clause 26. This is to provide further reassurance to campaigners as to the test they have to meet in order to incur controlled expenditure. A third party will only be subject to regulation where its campaign can reasonably be regarded as intended to “promote or procure the electoral success” of a party of candidate,
  • Replace the separate listings for advertising, unsolicited material and manifesto/policy documents with election “material”; this is the language used in the current legislation that non-party campaigners and the Electoral Commission are already familiar with, and on which the Electoral Commission have existing guidance,
  • Make clear that it is public rallies and events that are being regulated; meetings or events just for an organisation’s members or supporters will not be captured by the bill. “We will also provide an exemption for annual events – such as an organisation’s annual conference”,
  • Ensure that non–party campaigners who respond to ad hoc media questions on specific policy issues are not captured by the bill, whilst still capturing press conferences and other organised media events, and
  • Ensure that all “market research or canvassing” which promotes electoral success is regulated.

Lansley added: “We have listened and acted, as I said we would do. I am confident that these changes will ensure that the concerns raised about the effect of the Bill on campaigning activities of charities have now been met.

“In doing so, the bill will continue to meet the necessary objective of giving transparency and proper regulation wherever third parties seek to have an influence directly on the outcome of elections.”

Anybody who believes that is all that’s wrong with this Bill is as gullible as Lansley wants them to be.

If you have contacted your MP about this Bill before, you may be surprised to hear that – unless you contact them again – they’re likely to believe that your fears about this Bill have been put to rest.

If they haven’t – and trust us on this, they shouldn’t – then it’s time to email them again.

Otherwise this government of millionaire marionettes will have fooled you again – and the corporate bosses pulling the strings will have good reason to be well pleased.

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Lobbying Bill rethink – another Tory ‘bait-and-switch’?

07 Saturday Sep 2013

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

≈ 10 Comments

Tags

accidental, accountant, amendment, and Trade Union Administration Bill, Andrew Lansley, annual return, bait and switch, Big Four, blacklist, budget, campaign, certification officer, charity, civil liberty, conflict of interest, Conservative, constituencies, constituency, corporation, Court of Appeal, Daily Mail, David Cameron, David Howell, de minimis, donation, education, finance, George Osborne, health, industrial action, injunction, Jeremy Hunt, lobbying, Lynton Crosby, membership, Mike Sivier, mikesivier, News Corporation, NHS, non-Party Campaigning, organisation, poverty, privatisation, Rupert Murdoch, scandal, Sky TV, spending, tax, tax avoidance, tax evasion, The Leaders Group, Tories, Tory, trade, Trade Union Congress, transparency, Transparency of Lobbying, TUC, union, Vox Political


Listening on lobbying: Andrew Lansley proved exactly how trustworthy he is with the Health and Social Care Act 2012. Now he stands ready to hear concerns over the Lobbying and Transparency Bill.

Listening on lobbying: Andrew Lansley proved exactly how trustworthy he is with the Health and Social Care Act 2012. Now he stands ready to hear concerns over the Lobbying and Transparency Bill.

It seems we have all been victims of a Parliamentary stitch-up.

Everyone who was getting hot under the collar last week, because the Transparency of Lobbying, non-Party Campaigning, and Trade Union Administration Bill seemed to be attacking the fair and proper work of charities and other organisations, probably breathed a sigh of relief when the government announced it would scrap plans to change the way campaign spending is defined.

The Bill would have restricted any charitable campaigning which “enhances the standing of parties or candidates”, in the full year before an election, to £390,000. That’s a 70 per cent cut – plus it would now include staff costs.

The BBC reported that Andrew Lansley has tabled a series of amendments, including one reverting to the wording set out in existing legislation, defining controlled expenditure as any “which can reasonably be regarded as intended to promote or procure electoral success”.

What the BBC does not say, but is clarified in the government press release, is that “the Bill will still bring down the national spending limit for third parties, introduce constituency spending limits and extend the definition of controlled expenditure to cover more than just election material, to include rallies, transport and press conferences“.

In other words, this is a very minor change. Spending is still restricted during election years (and almost every year is an election year); the work of trade unions will be savaged – in a country that already has the most savage anti-union laws in Europe; and all organisations will still have to watch what they say about anything which might be considered an election issue.

Want to campaign to protect the NHS, introduce fair taxation, fight poverty, improve public health or education, reform the financial sector or civil liberties, or fight the privatisation agenda? Then your budget will be scrutinised and you may not go over. And don’t forget there will be limits on spending within constituencies.

This still means that smaller organisations will enjoy greater influence than larger ones and – perhaps most telling of all – it does not clarify the position with regard to the corporate media. Will the mainstream press be curtailed? Rupert Murdoch’s News Corp UK and the Daily Mail Group spend far more than £390,000 every day, and on material that absolutely is “intended to promote or procure electoral success” – for the Conservative Party. Does anybody seriously believe the Tories will enforce action against their supporters?

One tangential element that this does clarify is the BBC’s political stance. Its story makes no mention of the more-than-100 other amendments that have been proposed for the Bill – possibly because they were put forward by MPs who aren’t in the government. Nor does it mention any of the technicalities that water down yesterday’s announcement. Instead, the BBC presents it as a victory for charities, who are getting everything they want. They aren’t.

It’s another Tory ‘bait-and-switch’ trick.

Doubly so, in fact, because this little circus has diverted attention away from the other aspects of the Bill – its clampdown on trade unions and the fact that it does almost nothing to address lobbying, which was supposed to be its reason for existing in the first place!

Joint co-operation between various trade unions will be made more difficult – to such an extent that the Trade Union Congress will effectively be banned in election years (meaning almost every year).

All unions with more than 10,000 members will have to submit an annual ‘Membership Audit Certificate’ to the Certification Officer in addition to the annual return which they already make. The Certification Officer will have the power to require production of ‘relevant’ documents, including membership records and even private correspondence. What is the rationale for these draconian provisions when not a single complaint has been made to the Certification Officer about these matters?

Is the real motive behind this section of the bill to help employers mount injunction proceedings when union members have voted for industrial action, by seizing on minor if not minuscule flaws which the Court of Appeal would previously have considered ‘de minimis’ or ‘accidental’? Isn’t this about inserting yet further minute technical or bureaucratic obstacles or hurdles in the path of trade unions carrying out their perfectly proper and legitimate activities?

And what about the potentional for ‘blacklisting’? If union membership records are to be made publicly available, as seems the case, then it will be possible for businesses to single out job applicants who are union members and refuse them work.

And then we come to the matter of lobbying itself.

This Bill still does not do what it is supposed to do. A register of consultant lobbyists is not adequate to the task and would not have prevented any of the major lobbying scandals in which David Cameron has been embroiled.

Practically all forms of lobbying, including direct donations to political parties by corporate and private interests, will remain totally unaffected by the legislation and corporations could sidestep it easily, simply by bringing their lobbying operations “in house”.

No less than 80 per cent of lobbying activity will not be covered by the bill – and it must be amended to cover this percentage. The only lobbyists that will be affected are registered lobbying agencies, who will presumably suffer large losses as their clients leave. Perhaps the real aim of this part of the bill is to stop lobbying from organisations that don’t have enough money to make it worth the government’s while?

How does this bill prevent wealthy individuals and corporations from buying political influence through party political donations – direct donations to MPs who then coincidentally vote in ways beneficial to their donors – or directly to political parties, such as David Cameron’s “The Leaders Group”?

How will it stop paid lobbyists like David Cameron’s election adviser Lynton Crosby from having influential roles in politics?

How will it stop people with significant lobbying interests, like George Osborne’s father-in-law David Howell, being appointed as advisers and ministers in areas where they have blatant conflicts of interests with their lobbying activities?

How will it increase transparency when it comes to which organisations have been lobbying which politicians on particular issues?

It won’t.

Nor will it stop lobbyists targeting ministers’ political advisers (SPADs), as was witnessed in the Jeremy Hunt Sky TV affair.

Or prevent corporate interests being invited to actually write government legislation on their behalf – for example the ‘big four’ accountancy firms, who run many tax avoidance schemes, actually write UK law on tax avoidance.

An adequate register would cover all of the above, including details of all non-Parliamentary representatives seeking to influence members of the government, how much they paid for the privilege, and what they expected to get for their money.

Then we will have transparency.

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