Don’t be naive, Len – Cameron WANTS to lock privatisation into the NHS

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America, Andrew Lansley, company, Conservative, corporation, David Cameron, Democrat, EU, european union, firm, health, healthcare, HSCA, income, Investment Partnership, lawsuit, legal action, Len McCluskey, Lib Dem, Liberal, litigate, litigation, multinational, National Health Service, NHS, private, privatisation, profit, shareholder, Social Care Act, sue, Tories, Tory, Transatlantic Trade, TTIP, Unite, United States, US, Vince Cable, Whig

Unite’s secretary general Len McCluskey would be naive indeed to think David Cameron is ever likely to heed his call for the National Health Service to be kept out of the EU/US Transatlantic Trade and Investment Partnership.

McCluskey has warned that the NHS could be sued by American healthcare multinationals if a UK government tried to return services to state control; they would argue that such renationalisations interfered with their potential profits, in breach of the trade agreement, as has been discussed on this blog in the past.

His appeal misses the point. The entire thrust of Coalition government policy is to ensure that the NHS becomes vulnerable to just such pressure, in order to ‘lock in’ the privatisations inflicted on us by Andrew Lansley’s horrifying Health and Social Care Act 2012.

One has to look no further than Vince Cable for confirmation of this. The Whig business secretary (you can’t call him a Liberal Democrat any more, and as a commenter pointed out today, the government as a whole behaves more like the old-style Whig Party from the 19th century. If the cap fits…) told The Independent: “There is no suggestion whatever that the TTIP negotiations could be used to undermine the fundamental principles of the NHS or advancing privatisation.”

What he means by this is that – as far as he is concerned, advancing privatisation is a fundamental principle of the NHS since Andrew Lansley’s hateful Act of Parliament. Therefore the TTIP agreement can only contribute to that project.

He said: “Our focus for health is to enable our world-class pharaceutical and medical devices sectors to benefit from improved access to the US market.”

If we have world-class healthcare already, why do we need access to a market-driven system that can only drag us down into mediocrity? Clearly he is not talking about healthcare at all; he is talking about the health service as a source of profit. The “benefit” he describes can only be profit – income for shareholders in private companies that could not be accrued while they were excluded from NHS work.

Everybody involved in this betrayal should be imprisoned as a traitor, with Cable and Lansley first to be sent down.

Will you give British sovereignty to a foreign business?

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

[Image: The Guardian]

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

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

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

These are the issues that really matter.

A few months ago, Vox Political was running articles on the highly controversial Transatlantic Trade and Investment Partnership, currently being negotiated between the European Union and the United States of America. Much of the groundwork has been carried out in secret, hidden from public scrutiny, but the information that has been made available has aroused serious concern that this agreement will weaken existing standards and regulations that protect workers and consumers in the EU.

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

It is widely believed that the TTIP will be used by our Conservative-led government as a means of locking-in its detrimental changes to the National Health Service.

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

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

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

Do you support attacks on workers’ rights?

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

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

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

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

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

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

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

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

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

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

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

There is little evidence for this, and even that is poor. The European Commission’s own impact assessment admits that a 0.5 per cent increase in growth would be “optimistic”, and independent research suggests that a meagre 0.01 per cent increase in the growth rate over 10 years is more likely. The North American Free Trade Agreement between the US, Canada and Mexico led to a net LOSS of almost a million jobs in the US. You have to ask why this MEP is arguing against the facts.

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

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

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

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

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

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

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

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

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

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

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

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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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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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Why arguments for ‘Consent of the Governed’ are dangerous in today’s United Kingdom

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Act, common, consent, Declaration, Facebook, governed, independence, jurisdiction, Justice, law, legislation, Mike Colbourne, Mike Sivier, mikesivier, Ministry, Parliament, Paul Young, prison, sovereignty, Squiggle Diggle, statute, UK, United Kingdom, United States, US, Vox Political

Rude awakening: Try committing a crime and then telling the police you do not consent to be governed by the law you broke. This is what you’ll get.

“This is not a law, it’s an act, so is only giving the power of law with the consent of the governed.”

That’s what Paul Young wrote in response to the Vox Political article Sleepwalking further into police state Britain as law offers new powers of repression.

His words were echoed by another commenter described only as ‘Squiggle Diggle’, who said: “Legislation only has the power of Law when consent is given by the governed… You need to know the difference between Legislation and Law, if you do not, then you are consenting to all Legislation. If you know the difference, then you can remove your consent by not allowing the powers that be to have jurisdiction over you. I really recommend you read up on this, as so good as this article is, you really don’t seem to know what the difference between Law and Legislation is, which is one of the most empowering things you can ever realise.”

My reply was that legislation is the act of making law; law is a rule or guideline set up by government to control behaviour. Consent is not implied, other than that of the electorate in voting in a government that enacts and enforces these laws. I said there is absolutely no leeway in UK law for a citizen to remove his or her consent to be governed by the laws of the land.

That was where we left it – until today, when Mike Colbourne (his name as used on Facebook – commenting here, he just used a bunch of capital letters) raised the subject again. He said: “If a Statute Act is given the force of Law by the Consent of the governed and we don’t consent then it does not apply to you! When injustice becomes Law rebellion becomes duty!”

In a nutshell, all three have been saying that if you don’t want to accept that a law applies to you, the government can’t make it apply to you.

In the United Kingdom this is not only nonsense; it is dangerous nonsense. What if somebody hears it, believes it, acts on it and gets arrested? They could be in prison for a long time because someone else didn’t understand the difference between a political theory that informed the US Declaration of Independence – in an entirely separate country – and the laws of the United Kingdom.

Let’s make the law of the United Kingdom perfectly clear: There is no option which allows members of the public to choose which laws they wish to apply to them or to obey.

Those are not my words but an official response from the Ministry of Justice, to an inquiry about Consent of the Governed in 2010.

That response also states: “If you wish to ask whether all members of the public must obey the law, then that is certainly the case.”

There is no room for manoeuvre; the law is the law.

Mike’s comment suggested that he thinks statute law has less validity than, perhaps, common law. If so, he’s got it the wrong way around, as this response to a Freedom of Information request of 2009 clarifies: “Statutes can amend or replace common law in a particular area, but the common law cannot overrule or change statutes. A statute can only be overruled or amended by another, later piece of legislation. This reflects the legal and political doctrine of Parliamentary Sovereignty – the recognition and acceptance that Parliament is the supreme law-making authority.”

If anyone reading this thinks the situation detailed above is morally wrong or otherwise iniquitous, you need to look at ways of getting Parliament to change the law. Good luck with that. Simply saying that the law doesn’t apply to you without your consent isn’t worth the time you spend doing so.

Let that be the end of the matter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Sleepwalking out of the EU – the gap between rhetoric and reality

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bank, benefit, border, British, budget, business, CBI, confederation, cost, David Cameron, debt, deficit, Ed Balls, employment law, EU, European Court, european union, exploit, foreign market, free trade, human right, human rights, immigration, industry, influence, manufacturer, Mike Sivier, mikesivier, negotiate, negotiation, open door, privilege, production standard, propaganda, regulation, repayment, right-wing, social protection, special relationship, tax, third world, trade, Treasury, United States, US, Vox Political, world

The British people’s support for staying in the European Union is “wafer thin”, David Cameron told the CBI yesterday. Labour’s Ed Balls warned that the UK could “sleepwalk” away from its biggest trading partner at the same meeting.

Why?

Is it because most people don’t understand our relationship with the European economic area? Is it because they have been infected with propaganda from the right-wing press?

Is it because there really is a plan to make the UK a third-world country, and withdrawal from the EU is necessary to remove citizens’ human rights, thereby making them easier for the ruling class to exploit? The idea seems paranoid but the actions necessary for it to happen have been coming together.

Isn’t it time we had a public debate about the Union – how it works, how we function within it – in order to find out whether we really are better or worse-off? And why – considering all the bluster – hasn’t this happened already?

Let’s look at the main issues: cost of membership, perceived over-regulation, immigration, and our place on the world stage.

The UK contributes around 14 billion Euros (£11.9 billion) to the EU budget every year, but receives 10 billion Euros (£8.5 billion) back – so in fact we contribute £3.4 billion to other countries within the union; the UK is a net EU payer. A study by UKIP MEP Gerard Batten has claimed that red tape, waste, fraud and other factors adds another £62.3 billion a year to the cost.

But the EU is the UK’s main trading partner, with contracts worth more than £400 billion a year. That kind of money make the membership fee look like a pittance. And the EU has been negotiating with the US to create the world’s largest free trade area in a move that could hugely boost our businesses (although this has a huge potential downside that nobody is talking about).

Perhaps the problem is that the companies profiting from these trade deals aren’t paying their taxes properly? The UK Treasury should receive £92 billion at the current rate of Corporation Tax. How much does it actually get?

Let’s not forget that the Coalition government is trying (ineffectually) to pay down the annual deficit. Any money saved by leaving the EU would not go into domestic projects but would contribute to debt repayments. In effect, it would be dead money; at least, in the EU, it helps bring in business.

Okay, so it’s possible that the UK makes more cash from the EU than it spends on it. But what about all those pesky regulations bogging us down all the time? Wouldn’t we be better-off without them?

Sure – if we didn’t mind losing those £400 billion worth of trade deals. If the UK left the European Union but still wanted to trade with its member states, then we would still have to abide by EU regulations. UKIP’s Nigel Farage points to Norway and Switzerland as countries that have access to the single market without being bound by EU rules on agriculture, fisheries, justice and home affairs – but he doesn’t mention the fact that those countries must abide by EU market regulations without having any influence over how they are created.

A break from the EU, allowing the UK to trade with other nations around the world, means Britain’s exports would be subject to EU export tariffs – and would still have to meet EU production standards.

Yes, the EU burdens us with rules when it probably doesn’t have the right. Why does the EU dictate our policy on water? So there is room for negotiation – but within the Union.

Well, what about immigration? The UK has a huge problem with its borders having been opened up to millions of incomers – mostly from Eastern Europe, with millions more on the way next year, right? Wouldn’t leaving the EU put an end to that?

Yes. It would also put an end to Britons’ chances of living and working in EU countries. 711,151 UK citizens were living in other EU countries in 2011, according to Eurostat. Their right to work and live there might be restricted if Britain quit the union.

While 2.3 million EU citizens were living and working in the UK in 2011, their effect on the country’s economic well-being has been hugely exaggerated. There is no ‘open door’ immigration policy. The immigrant population does not have access to a vast majority of the benefits available to UK citizens, the benefits they do receive are nowhere near the same value as those received by UK citizens and they are a third less likely to claim benefits than UK citizens. Meanwhile, they contribute to the local economy and pay their taxes.

The UK would definitely lose stature on the world stage. There can be no amicable divorce from the EU, as the other leading members are unlikely to allow this country any special privileges or influence. We would surrender our ability to influence EU policy while remaining hostage to EU decisions. The ‘special relationship’ with the United States would also be in jeopardy as that country has made it clear we are a more valuable ally as part of the EU.

As a member of the EU, Britain is viewed by many non-European manufacturers as a key point of access to the European market – but this reputation would be lost if the UK quit the union.

British banks and businesses also see membership as important because it provides access to crucial foreign markets.

Oh, and the UK would still have to deal with the European Court of Human Rights, which is separate from the EU, even after ridding itself of the pesky Human Rights Act that ratifies so many EU employment laws and social protections that prevent Theresa May and her friends from exploiting us all.

Add it all up and the evidence seems clear: Britain is better off with Europe. Yes, there are problems, but these are matters for negotiation, not reasons to run away.

Don’t you agree?

Want to know who we’ll be asked to fight in a few years? Find out who’s buying our weapons now!

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chemical weapon, civil war, Coalition, Conservative, Contra, David Cameron, Democrat, fighter, government, Iran, Iraq, jet, Kuwait, Labour, Liberal, Mike Sivier, mikesivier, nerve gas, Nicaragua, Parliament, people, politics, potassium fluoride, rebel, sale, Sarin, sell, sodium fluoride, Syria, Tories, Tory, Typhoon, United States, USA, Vince Cable, Vox Political

There is an easy way to stop wars with foreign countries: Stop selling them weapons!

If there’s one thing that all politicians believe, it seems, it is that history will teach us nothing.

That’s the only explanation possible for Vince Cable selling the ingredients to make chemical weapons to Syria, 10 months into that country’s civil war.

Does he not remember how the United States gave money, weapons and training to Iraq during the Iran-Iraq war – then launched its own war against Iraq after that country got too big for its boots and invaded Kuwait? Does he not remember the 16 British firms that suppled weapons to that country?

The sale of weapons to foreign countries is always a bad move. Look at the Iran-Contra affair – again involving our good buddies the United States. Weapons were sold to Iran – so America was funding both sides of the Iran-Iraq war – and the proceeds used to fund the Contras in Nicaragua – another war!

Now we have a Tory-led Coalition government that wanted to get into that morally-dodgy but lucrative weapons-selling action, it seems.

So in January 2012, 10 months after violence erupted in Syria, Vince Cable licensed the exporting of potassium fluoride and sodium fluoride to the Syrian government – both chemicals being ingredients of nerve gas.

The chemicals were sold under licences that specified they should be used for making aluminium structures like window frames – but the government has refused to identify the licence holders. Dodgy!

Sarin, the gas thought to have been used in an attack last month that killed nearly 1,500 people, can be made from such ingredients.

This means that, in the same way as the United States with Iraq, it is entirely possible that the Coalition government wanted British troops to attack Syria in response to a situation that the Coalition government created!

And then, when Labour – along with Tory and Liberal Democrat rebels – actually put a stop to this insanity, some of these people actually had the front to try to steal the moral high ground, accusing them of perpetuating a war that was killing children!

Remember when Vox Political published an article last November, about David Cameron selling arms and aircraft to countries in the Middle East? It seems this is what comes of that sort of thing.

On that occasion, he was selling Typhoon jet fighters to Middle East nations. How long before we’re told we have to go and shoot down however many of them he managed to sell?

Place your bets on Osborne’s next excuse for economic failure

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This is not a good time to run a retail business – the effect of the Coalition’s benefit cuts will trickle up and bite our rich retailers and industrialists hard.

According to the BBC website, business activity was hit hard by last month’s exceptionally cold weather, with the number of people visiting shops down by more than five per cent.

For one person, this will have been an extremely pleasant piece of news, because for once he won’t have to explain himself.

That person is, of course, Gideon George Osborne.

For one month, he hasn’t been in the unenviable position of having to root around in the political undergrowth for a reason the economy has tanked – that isn’t related to his own hopelessly inadequate economic policies.

For one month only!

He will not have an excuse when the figures come in for April, worse than for March, as sane economic forecasters should expect.

Instinct says he will tell us the funeral of Margaret Thatcher will have something to do with it. He used the wedding of the Duke and Duchess of Cambridge as a shield – what goes for ‘matches’ must surely apply also to ‘dispatches’.

The real reason will be the effect of the huge benefit cuts, that will take £19 billion out of the economy over the next year, if commentators are to be believed.

That’s just in money terms. Add in a conservative estimate of the fiscal multiplier (the effect on the economy) and we’re staring into the black pit of a £30.4 billion loss. That would be £500 for every person in the UK, if we were all affected.

But the richest among us won’t be. It is on the poorest and least able to defend themselves that this hammer blow has fallen. The government has been giving money back to the richest, as we all know.

In fact, this show of support for his cosseted buddies might protect them from the storm that’s coming, and may therefore prove to be a shrewd move – but we must all remember that Osborne is not an intelligent man and good fortune coming to anyone as a result of his policies is pure chance.

Because the rich will be affected by the benefit cuts. Poor people have no choice but to spend the money they receive. They have to buy things they need and pay the bills, so it goes on food, heat, light, water, the rent, repairs and other necessaries. With less money available to them, they will not be spending as much in the shops, and will be more careful about how much gas, electricity and water they use, as well.

Who owns and runs the shops? Who owns the shares in the utility companies (now that the bulk of shares have been bought up from the middle-class speculators who bought them in the 1980s)?

The rich.

After a few months of this, we’ll see what happens to their profit margins. My guess is that a £100,000 tax rebate won’t help very much.

The propaganda machine keeps spewing out nonsense, of course. Only last weekend we heard Francis Maude telling Jonathan Dimbleby and the Any Questions audience in Exeter: “The Coalition government, which is two parties which have come together from a different place, in the national interest, to do something quite big and difficult, which is to address the biggest budget deficit any country in the west had.”

It wasn’t the largest budget deficit of any western country – either by size or percentage of GDP. That was a flat-out lie and I wish Jimbles would pull him up on it.

The deficit in the United States is greater than ours in percentage terms; in money terms, it dwarfs the UK.

Across the whole world, Japan has the biggest deficit.

Strangely, you don’t hear the Japanese making a big fuss about it.