Category Archives: Legal issues
Today, the Times has published evidence that leading Conservative donors, who spent millions on the Brexit campaign, now believe that Britain may never leave the European Union at all.
This evidence supports Owen Jones’ view of a division in society “between a rapacious elite that has plunged Britain into economic and social crisis on one hand, and a majority that suffers the consequences on the other”.
One named donor was hedge fund manager Crispin Odey, founder of Odey Asset Management and a big financial backer of the campaign to leave the union, who has given more than £870,000 to money to pro-Leave groups, to Conservatives, Ukip and Jacob Rees-Mogg’s North East Somerset constituency in the last general election.
Odey had been betting heavily on a sharp fall in the value of UK government debt in April, according to investor documents seen by the Financial Times.
He revealed yesterday however (in the Times), that he was now betting on the pound to strengthen after Brexit failed, in the expectation that leaving the bloc would hit the UK economy hard.
Jeremy Hosking (below right), a fund manager who donated £1.69 million to the Brexit campaign and has given £375,000 to the Conservatives since 2015, said he was worried that the country would end up with something that was “not a Brexit deal at all”.
Terence Mordaunt, who donated £50,000 to the Brexit campaign and more than £30,000 to the Tories since 2003, said he feared that “we may never get out”.
He said: “I don’t think Theresa May’s deal actually fulfils what was promised in the referendum. It will take a long time and it gives a huge amount of power to Europe in the future. We may never get out.”
Billionaire Peter Hargreaves, who founded the financial services company Hargreaves Lansdown, gave £3.2 million to the Leave campaign, the second-biggest donation, said: “I have totally given up. I am totally in despair, I don’t think Brexit will happen at all.”
Government insists that Theresa May’s Brexit deal will give the UK “flexibility”.
Jeremy Corbyn asks: “But flexibility for whom?” He suggests:
- Flexibility for employers to exploit workers.
- Flexibility for big corporations to pollute our environment.
- Flexibility for multinational giants to undercut our neighbours and drive down standards everywhere.
In the Financial Times, lawyer David Allen Green points out some of government‘s actual or planned ‘constitutional trespasses’ over the past three or so years:
- Theresa May’s government prolonged the current parliamentary session over two years, to avoid a Queen’s Speech on which they could lose a vote.
- The government packed the standing committees (which scrutinise legislation) with Conservative majorities by procedural sleight of hand.
- A secretary of state repeatedly misled the House and its committees over the extent and existence of Brexit sector analyses reports.
- The government deliberately broke the Commons’ “pairing” convention when an opposition MP was on maternity leave so that the government could win a vote.
- The government committed itself to billions of pounds of public expenditure in a blatant bribe to the Democratic Unionist party for support.
- The government repeatedly seeks to circumvent or abuse the Sewel convention in its dealings with the devolved administrations.
- The government seeks to legislate for staggeringly wider “Henry VIII powers” so that it can legislate and even repeal Acts without any recourse to parliament.
- The government sought to make the Article 50 notification without any parliamentary approval and forced the litigation to go all the way to the Supreme Court (where it lost).
- The government employed three QCs to oppose the litigation on whether Article 50 could be revoked unilaterally (which it also lost).
- This government became the first administration in parliamentary history to be held in contempt of parliament following its refusal to publish the full Brexit legal advice issued by the Attorney General.
He ends: “Mr Bercow did more in allowing that vote to “bring back control” than any single leave-supporting MP has done since the referendum. The press should be celebrating that an over-mighty executive was halted and that the people’s representatives got to have their say”.
As the FT’s Simon Kuper recently reported, air pollution is said to contribute to more than 9,000 premature deaths in London each year and its harmful nitrogen dioxide levels are nearly as bad as those in Beijing and New Delhi – and much worse than in other developed cities such as New York or Madrid.
Nitrogen dioxide, which inflames lungs and is linked to shorter life expectancy, has become a major problem. The capital missed binding EU limits on air quality that came into force in 2010, largely due to diesel vehicles — which, it later emerged, emitted higher levels of pollutants in the real world than in tests. Congestion, which has pushed average traffic speed down to 8mph, compounds the problem. Add in the City of London’s narrow streets and tall buildings, and two of the capital’s five hotspots for excessive nitrogen levels lie within it.
The mayor of London is making headway
The impact of the City’s plans will be even greater if they bolster commitments by Sadiq Khan, London’s mayor, to prioritise fighting air pollution throughout the capital and force the government to take action across the country.
- From this year, all new single-decker buses will be zero emission.
- New taxis must be hybrid or electric.
- Next year, an ultra-low emission zone will come into force in central London, expanding outwards in 2021.
The borough of Westminster has proposed turning Oxford Street, the UK’s busiest shopping location, into a zero-emissions zone by 2022 and a parliamentary committee has called for a UK-wide ban on new petrol and diesel cars to be brought forward eight years, to 2032.
The FT reports ‘lessons elsewhere’. Singapore has had an automated electronic road pricing scheme since 1988 and is moving to a satellite-based scheme in 2020 and advocates a move to cycling rates such as those In Amsterdam or Copenhagen.
Take a carrot-and-stick approach? The FT editorial board thinks that governments should both help and oblige people to change their behaviour
It cites Germany’s carrot-and-stick approach. A court ruling this week banned older diesel cars from driving in certain parts of Berlin – after the government had offered car owners generous bonuses for trading in older diesel cars.
The FT believes that The British government has not provided enough fiscal incentives to businesses and individuals who bought diesel vehicles in the mistaken belief that they were greener.
The Centre for London think-tank has proposed offering cash or mobility credits — which can be used to pay for public or shared transport — for scrapping diesel cars, as well as smarter distance-based car charges, and higher vehicle excise duties on the most polluting cars. The FT’s truism:
“Despite efforts to address it in London and other big cities, air pollution will remain dangerously high unless more people change behaviour. The City of London’s bold moves are worthwhile — but need to be happening not in a bubble, but right across the world’s major cities”.
At last, the case of people whose health has been seriously damaged caused by infected blood bought by a government agency is coming to the fore. But the plight of farmers, whose health suffered because government compelled them to use organophosphate sheep dips, is yet to be addressed – many affected veterans and farmers have died after long suffering.
OP-affected Richard Bruce writes: Dr Davis and Dr Ahmed wrote some informative papers on the subject. One may be read here: https://psychcentral.com/lib/what-is-functional-magnetic-resonance-imaging-fmri/
Allowed to sink into obscurity
In 1996 Defence minister Nicholas Soames confirmed that many of the soldiers returning from the Gulf War reporting fatigue, memory loss, weakness, joint and muscle pain and depression – a condition now known as Gulf War Syndrome, had been exposed to some sort of organophosphate pesticide.
From the archives:
1999: the US Government accepted that their veterans’ illnesses were mostly due to service in the Gulf. Of their 700,000-plus troops deployed there, 88% became eligible for benefits through their equivalent of the Veterans Agency and 45% had by then sought medical care. The US Government also accepted the extremely serious consequences of using organophosphates.
2000-2001: the UK government funded more research into the effects of organophosphate exposure and poisoning. The results of some studies provided support for the poisoning hypothesis but the research was delayed by the FMD outbreak and only completed in 2007.
2004: A study published in the British Medical Journal: ‘Overcoming apathy in research on organophosphate poisoning’, concluded that high rates of pesticide poisoning in developing countries and increasing risk of nerve gas attacks in the West mean effective antidotes for organophosphates should be a worldwide priority.
2008: the American government concluded an intensive study into the cause of “Gulf War Syndrome” Their $400,000 study found that OPs had causal responsibility for the harm inflicted. This finding was reported to the British Government by the Chief of Defence Staff [RAF].
Conflicts of interest: those campaigning for a ban on organophosphate pesticides have to face opposition from the agro-chemical industry, whose representatives sit on expert committees advising governments on pesticide safety.
As the Countess of Mar explained: There seems to be a nucleus of about 25 individuals who advise on a number of committees. The scientific community is very close-knit and because the numbers of individuals in specialties is small, they will all know one another. They are dependent upon one another for support, guidance, praise and recognition. If they wish to succeed, they must run with the prevailing ethos of their group, department or specialism Hansard 24 Jun 1997: Columns 1555-9
The Scotsman reported the findings of the 2004 independent inquiry into illnesses suffered by veterans of the first Gulf War which was headed by the former law lord Lord Lloyd of Berwick, called on the Ministry of Defence finally to recognise the existence of a “Gulf War syndrome”. It said that it was clear the cocktail of health problems suffered by an estimated 6,000 veterans were a direct result of their service in the 1991 conflict and urged the MoD to establish a special fund to make one-off compensation payments to those affected.
Is the long and inhumane delay due to the fact that the establishment of a link between Gulf War Syndrome and organophosphate poisoning would cost the MoD vast sums in compensation?
Drone footage and satellite images have recently revealed that thousands of British cattle reared for supermarket beef are being kept at some sites in outdoor pens, known as corrals, sometimes surrounded by walls, fences or straw bales. Although the cattle will have spent time grazing in fields prior to fattening, some will be confined in pens for around a quarter of their lives, until they are slaughtered. Disease spreads easily in such conditions and traces of the medication needed to prevent or treat the animals will be present in the meat offered for human consumption.
Who owns these companies? Who are the directors? Do they donate to party funds?
Why are there no official records held by DEFRA on how many intensive beef units are in operation?
Government regulations say that an environmental permit is needed if you operate any of the following:
-an industrial facility,
-or other business that produces potentially harmful substances, eg:
-a landfill site, a large chicken farm, a food factory
Why is government not requiring an environmental permit before their construction – and indeed consulting those in their neighbourhood?
A small section of a group of intensive units photographed by the Bureau of Investigative Journalism/ Guardian
Though environment secretary Michael Gove said, in a parliamentary statement. “I do not want to see, and we will not have, US-style farming in this country”, it’s here.
The Guardian and Bureau last year revealed that 800 poultry and pig “mega farms” have appeared in the British countryside in recent years, some housing more than a million chickens or about 20,000 pigs.
Following the revelations, the environment secretary, Michael Gove, pledged that Brexit would not be allowed to result in the spread of US-style agribusiness.
Readers who want to know the extent of this problem and the location of megafarms for dairy, pigs and poultry, may find this information by looking at the interactive maps produced by Compassion in World Farming: The snapshots show information about intensive pig rearing in Gloucestershire, where the writer lives.
A Moseley reader draws attention to research by the Guardian and the Bureau of Investigative Journalism establishing that the UK is now home to a number of industrial-scale fattening units with herds of up to 3,000 cattle at a time. Sites in Kent, Northamptonshire, Suffolk, Norfolk, Lincolnshire, Nottinghamshire and Derbyshire were identified, the largest farms fattening up to 6,000 cattle a year.
The practice of intensive beef farming in the UK has not previously been widely acknowledged – and these findings raise questions over the future of British farming.
Richard Young, Policy Director at the Sustainable Food Trust, said: “Keeping large number of cattle together in intensive conditions removes all justification for rearing them and for consumers to eat red meat…
“More than two-thirds of UK farmland is under grass for sound environmental reasons and the major justifications for keeping cattle and eating red meat are that they produce high quality protein and healthy fats from land that is not suitable for growing crops.”
George Monbiot recently pointed out that the Commons report on the Carillion fiasco is one of the most damning assessments of corporate behaviour parliament has ever published. It trounces the company’s executives and board and laments the weakness of the regulators.
But, as Prem Sikka said in his April article, it scarcely touches the structural causes that make gluttony a perennial feature of corporate life.
Both agree that the problem begins with an issue the report does not once mention: the extreme nature of limited liability. Sikka points out that this system, under which executives are only financially accountable for the value of their investment, has also benefited frauds and led to the self-enrichment of executives at the expense of workers, consumers, creditors, pensioners and citizens.
Monbiot adds that the current model of limited liability allowed the directors and executives of Carillion to rack up a pension deficit of £2.6 billion, leaving the 27,000 members of its schemes to be rescued by the state fund (which is financed by a levy on your pension – if you have one). The owners of the company were permitted to walk away from the £2 billion owed to its suppliers and subcontractors. (Left: the former Carillion chief executive Keith Cochrane in Westminster after appearing before the Commons work and pensions select committee)
Monbiot continues: “There is no way that fossil fuel companies could pay for the climate breakdown they cause. There is no way that car companies could meet the health costs of air pollution. Their business models rely on dumping their costs on other people. Were they not protected by the extreme form of limited liability that prevails today, they would be obliged to switch to clean technologies”.
So what is to be done?
Prem Sikka (right) proposes that the bearers of unlimited risks and liabilities should be given rights to control the day-to-day governance and direction of companies.
He advocates including employees and citizen/consumers on company boards – because both ultimately have to bear the financial, health, social and psychological costs associated with environmental damage, pollution, poor products, industrial accidents, loss of jobs, pensions and savings. Through seats on company boards, they could secure a fairer distribution of income, challenge discrimination, curb asset-stripping and influence investment, training and innovation.
Across the 28 European Union countries (plus Norway), most have a statutory requirement for employee representation on company boards – unlike the UK, Belgium, Bulgaria, Cyprus, Estonia, Italy, Latvia, Malta and Romania.
George Monbiot proposes a radical reassessment of limited liability.
He points out that a recent paper by the US law professor Michael Simkovic proposes that companies should pay a fee for this indemnity, calibrated to the level of risk they impose on society. He adds, significantly, that as numerous leaks show, companies tend to be far more aware of the risks they inflict than either governments or the rest of society. Various estimates put the cost that businesses dump on society at somewhere between 4% and 20% of GDP
His own ‘tentative’ and ingenious proposal is that any manager earning more than a certain amount – say £200,000 – would have half their total remuneration placed in an escrow account, which is controlled not by the company but by an external agency. The deferred half of their income would not become payable until the agency judged that the company had met the targets it set on pension provision, workers’ pay, the treatment of suppliers and contractors and wider social and environmental performance. This judgement should draw on mandatory social and environmental reporting, assessed by independent auditors.
If they miss their targets, the executives would lose part or all of the deferred sum. In other words, they would pay for any disasters they impose on others. To ensure it isn’t captured by corporate interests, the agency would be funded by the income it confiscates.
Monbiot then says “I know that, at best, they address only part of the problem” and asks, “Are these the right solutions?
- support them,
- oppose them
- or suggest better ideas.
He ends: “Should corporations in their current form exist at all? Is capitalism compatible with life on earth?”
Over 2400 of the people who were given contaminated blood have died and MP Diana Johnson (below, left) asked for an urgent Commons debate last year.
She had to get six leaders of opposition parties — including the DUP — to sign a letter to Ms May asking for an inquiry before Theresa May finally succumbed to pressure and announced a public inquiry into this 1970s and 80s scandal.
Last year it was recalled here that British haemophiliacs and other victims’ lives were blighted in the 1970s and 1980s by cheap imported US blood products, harvested from inmates and drug addicts. More than 5,000 were infected and went on unknowingly to infect family and friends. It is estimated that over 2.400 have died since then.
At a 1997 independent inquiry into the scandal, Lord Archer of Sandwell said: “By the mid 1970s it was known in medical and government circles that blood products carried a danger of infection… and that commercially manufactured products from the USA were particularly suspect… but the products continued to be imported and used, often with tragic consequences.”
It was decided that victims should die to avoid going over budget
Ministers believe the reforms (cutbacks) are necessary because more people are now considered likely to develop serious health issues – and be entitled to higher payouts – pushing the programme as much as £123m over budget.
In April, as he left the Commons, the former health secretary Andy Burnham declared there had been a “criminal cover-up on an industrial scale in the NHS” over contaminated blood and called for a Hillsborough-style inquiry.
Meanwhile the contaminated die apace as this inquiry gets under way, 30 years too late.
The following 2004 broadside was fired by Lord Steyn, described in his Times obituary as an “Outspoken law lord whose liberal views became a thorn in the side of the Blair government, especially over Iraq and Guantanamo Bay”, following Lord Hoffmann’s suggestion that the courts should not interfere with certain Government decisions.
“Courts must never abdicate their duty to protect citizens from the abuse of power by governments . . .The United States government has already created a hellhole of utter lawlessness at Guantanamo Bay by committing such abuse.”
Lord Steyn was born and bred in Cape Town and was one of the few native Afrikaaners who fiercely opposed apartheid. He won a Rhodes scholarship to read English at University College, Oxford and after being called to the bar and sitting as senior counsel in South Africa’s supreme court emigrated to Britain in 1973 to start on the bottom rung of the legal ladder.
Though English was not his native language, his Afrikaans accent remained thick and his ‘delivery’ in court was hesitant, he was admired for his clear arguments and his skill in cross-examination. Having served as the presiding judge on the Northern Circuit, Steyn moved to the Court of Appeal in 1992. He was made a life peer in 1995.
A detainee from Afghanistan is carried on a stretcher before being interrogated by military officials at Camp X-Ray at the U.S. Naval Base in Guantanamo Bay, Cuba (Telegraph 2016)
In 2003 he accused the home secretary, David Blunkett, of using “weasel words” to justify his policy on asylum seekers. Five months later, Steyn branded the US regime at Guantanamo Bay “a monstrous failure of justice” and declared that the system of trial by military tribunal was no more than a “kangaroo court” that “makes a mockery of justice”.
The unkett then blocked his appointment to a House of Lords judicial committee
The senior law lord, Lord Bingham of Cornhill, was asked not to include Steyn on the nine-judge panel to decide on the legality of detaining foreign terror suspects without trial – the first time a government had ever sought and obtained an alteration in the composition of the House of Lords’ judicial committee.
His other achievements include:
- being one of the judges who ruled by a 3-2 majority that the former Chilean dictator Augusto Pinochet was not entitled to claim sovereign immunity from prosecution;
- reproving Lord Irvine of Lairg, the lord chancellor who sought ‘an unfettered right to impose rule changes on the legal profession; “He is a member of the executive carrying out the party political agenda of the Labour administration. He is a politician. To entrust to a cabinet minister the power to control the legal profession would be an exorbitant inroad on the constitutional principle of the separation of powers”;
- claiming, when Britain introduced executive detention without trial in 2001, that the UK opt-out from the European Convention on Human Rights was not justified “in the present circumstances”.
- arguing, as chairman of Justice, the human rights group, that the Iraq War was unlawful and said that, “in its search for a justification in law for war, the government was driven to scrape the bottom of the legal barrel”;
- dismissing Tony Blair’s suggestion, just months after the 7/7 bombings in London in 2005, that the war had not made London a more dangerous place as a “fairytale”.
A champion of the Human Rights Act 1998, he retired satisfied that it had already “transformed our country into a rights-based democracy”. Hmm . . .
Anthony Lester, QC, wrote: “He has woven the Human Rights Act into the fabric of our legal system. He has a terrier-like tenacity and the courage of a lion. He’s going to be extraordinarily difficult to replace.” Agreed.
Birmingham Council adopts the government’s austerity agenda: asking the low paid to accept even lower wages
In July, Birmingham City Council reneged on an ACAS-mediated, cabinet-approved agreement between the Unite union and Birmingham’s talented Council Leader, John Clancy, which was to end the seven-week refuse collection dispute.
And when BCC reneged on the Unite/Clancy deal, they also issued redundancy notices to the Grade 3 workers. These were later banned in the High Court when Mr Justice Fraser spoke at length about the “extraordinary” and “astonishing” state of affairs at Birmingham City Council with “chaos” between senior personnel. Read more about his reflections here.
Council leader Ian Ward (left) told a BBC reporter: “The cost of the (three month) dispute, yes that’s cost in excess of £6m”.
This ‘new’ version of the original deal (details here), described by union insiders as a ‘total climbdown’, was agreed at a special meeting of the BCC cabinet on Friday.
ITV reports that yesterday Birmingham bin workers voted to accept the council deal.
So a seven week dispute was allowed to go on for three months, regardless of health and safety implications, losing £6m of ratepayers’ money – and the wrong head rolled.
From ‘Our Birmingham‘, under another title.