Tag Archives: judgement

#PritiPatel #bullying: can anyone explain the logic of #HighCourt ruling against union’s legal challenge?

Priti Patel and Boris Johnson. You can imagine what he’s saying to her right now: “Keep smiling because I think we’ve got away with it!”

There’s something about this judgement that isn’t quite right.

The High Court has rejected a legal challenge by civil service union the FDA against Boris Johnson’s ruling that Priti Patel’s bullying of civil servants did not break the Ministerial Code.

Lord Justice Lewis, sitting with Mrs Justice Steyn, said that Johnson had not “misdirected himself” (misinterpreted the meaning of the Ministerial Code) when coming to his decision.

The judge said: “The question for this court is whether the prime minister proceeded on the basis that conduct would not fall within the description of bullying within paragraph 1.2 of the ministerial code if the person concerned was unaware of, or did not intend, the harm or offence caused.

“Reading the statement (made by Johnson) as a whole, and in context, we do not consider that the prime minister misdirected himself in that way.”

So the question was whether Patel could be said to have bullied someone if she was unaware of – or said she was unaware of – the harm or offence she caused.

Paragraph 1.2 of the Ministerial Code states: “Ministers should be professional in all their dealings and treat all those with whom they come into contact with consideration and respect. Working relationships, including with civil servants, ministerial and parliamentary colleagues and parliamentary staff should be proper and appropriate.”

It makes no mention of whether a minister’s intentions have any bearing on whether their behaviour may breach the code; therefore Patel’s intentions were irrelevant.

This is consistent with then-advisor on ministerial standards, Sir Alex Allan’s, advice at the time: “Her approach on occasions has amounted to behaviour that can be described as bullying in terms of the impact felt by individuals. To that extent, her behaviour has been in breach of the ministerial code, even if unintentionally.”

But Johnson’s ruling relied entirely on Patel’s intentions. He said Patel was “unaware” of the impact she had and he was “reassured” she was “sorry for inadvertently upsetting those with whom she was working”.

In response, Sir Alex immediately resigned his advisory role. He was not prepared to continue working for Johnson in the knowledge that the prime minister was willing to allow breaches of the Code in such a way.

And we see now that the High Court has ruled in favour of Johnson, saying he did not misdirect himself into thinking that her conduct did not fall under the description of bullying if Patel had been unaware that it was having that effect – which is odd, because his statement clearly shows that this is exactly what he said.

So the judges’ decision is wrong, it seems.

Also – strangely – the decision does not seem to take account of the main thrust of the defence put forward by Johnson’s lawyers, which was that the Ministerial Code is a “political document”, “does not create or impose any legal duties on ministers or the prime minister”, is “not required by law” and its contents “not regulated by law”.

The court’s decision shows that it does, it is, and it is – and the FDA union seems well pleased with that result, saying the high court had confirmed the prohibition on bullying, discrimination and harassment in the ministerial code is justiciable in the courts.

This Writer doesn’t see how that helps, if the High Court is just going to rubber-stamp Johnson’s decisions, no matter how illogical they are.

Dave Penman, the union’s general secretary, said the court had determined that “the prime minister did not acquit the home secretary of bullying” and he “did not reject the findings of Sir Alex Allan that her conduct amounted to bullying”.

If that were true, then wouldn’t the court have said that the Ministerial Code was indeed breached and Patel should resign? Bullying is, by definition, unprofessional, improper and inappropriate.

Still, if nothing else it means This Site and others can call her a bully with impunity.

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

https://www.crowdjustice.com/case/mike-sivier-libel-fight/


Vox Political needs your help!
If you want to support this site
(
but don’t want to give your money to advertisers)
you can make a one-off donation here:

Donate Button with Credit Cards

Here are four ways to be sure you’re among the first to know what’s going on.

1) Register with us by clicking on ‘Subscribe’ (in the left margin). You can then receive notifications of every new article that is posted here.

2) Follow VP on Twitter @VoxPolitical

3) Like the Facebook page at https://www.facebook.com/VoxPolitical/

Join the Vox Political Facebook page.

4) You could even make Vox Political your homepage at http://voxpoliticalonline.com

And do share with your family and friends – so they don’t miss out!

If you have appreciated this article, don’t forget to share it using the buttons at the bottom of this page. Politics is about everybody – so let’s try to get everybody involved!

Buy Vox Political books so we can continue
fighting for the facts.


The Livingstone Presumption is now available
in either print or eBook format here:

HWG PrintHWG eBook

Health Warning: Government! is now available
in either print or eBook format here:

HWG PrintHWG eBook

The first collection, Strong Words and Hard Times,
is still available in either print or eBook format here:

SWAHTprint SWAHTeBook

Fascism looms as Raab threatens to ‘correct’ court judgments

One rule for him: remember, Dominic Raab is the Tory minister who couldn’t be bothered to return to work from holiday when Kabul fell. He breaks government rules habitually yet presumes to lecture us on the law.

Remember: this is what the UK voted for:

It is fascism: “Disdain for human rights.”

Dominic Raab has decided that if human rights judges in the UK make decisions that he doesn’t like, he will override them in blatant disregard of the rule of law.

This is what the UK voted for.

In a blatant rhetorical reversal of what actually happens, he has said that he would stop “judicial legislation” – that is, judges making UK law. But they don’t; they never have. They simply apply the law of the land to individual cases. Stopping this would be breaking the law.

You see, so-called “case law” – legal precedents set by judges – are only examples of the way the law should be interpreted when applied to particular situations, to be followed if such situations arise again in order to avoid contradiction and confusion. They are not situations in which judges take legislative power for themselves and Raab is lying by suggesting that.

But this is what the UK voted for.

He said he wanted to stop the European Court of Human Rights in Strasbourg from dictating law to the UK, but…

But his plan is what the UK voted for.

Human rights lawyer Jessica Simor QC said that Raab’s plan would have an effect opposite to what he was suggesting, because it would mean

more complaints going to Strasbourg and more rulings against the UK, unless the government intended to pull Britain out of the European Convention on Human Rights altogether, which would be “a step into a dark place for this country and the world”

But if that happened, it’s what the UK voted for.

The former head of the government’s legal service, Jonathan Jones, said:

As parliament is already able to legislate to correct flaws in the law, it appeared Mr Raab was trying to use a new mechanism to allow ministers to take this step without obtaining MPs’ approval.

In other words: dictatorship.

It’s what the UK voted for.

Cambridge professor of public law Mark Elliott pointed to a recent Supreme Court ruling, saying that allowing a minister to overrule a decision of the judiciary simply because he did not agree with it would cut across “principles that are fundamental components of the rule of law”.

It’s what the UK voted for.

“If that is what is in contemplation, then that is profoundly problematic,” said Prof Elliott. “Indeed it turns constitutional principle on its head.

“Ministerial power to do this would itself be deeply troubling. It would reassign a basic judicial role – interpreting the law – to ministers.

“Ultimately, this all strikes me as part of a project to enhance executive supremacy by treating courts, whether foreign or domestic, as unwelcome interlopers.

“And yet all of this masquerades as an attempt to protect parliament. The reality of this executive power project, as we might call it, is that it will be the executive that is the principal beneficiary of such changes, and the loser will be basic standards of good governance.”

It’s what the UK voted for.

But he is what the UK voted for.

Did anybody know? This Writer made clear what was going to happen in articles published before the 2019 election but I don’t have the reach of the mass media organisations who were screaming at everyone to vote Tory or else face a future of horrific Communism under Jeremy Corbyn.

It seems that, faced with such an onslaught, many people voted without thinking.

And isn’t that exactly how the Hitlers and Mussolinis of the 20th century took power?

Source: Raab threat to ‘correct’ court judgments is ‘deeply troubling’, warn legal experts | The Independent

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

https://www.crowdjustice.com/case/mike-sivier-libel-fight/


Vox Political needs your help!
If you want to support this site
(
but don’t want to give your money to advertisers)
you can make a one-off donation here:

Donate Button with Credit Cards

Here are four ways to be sure you’re among the first to know what’s going on.

1) Register with us by clicking on ‘Subscribe’ (in the left margin). You can then receive notifications of every new article that is posted here.

2) Follow VP on Twitter @VoxPolitical

3) Like the Facebook page at https://www.facebook.com/VoxPolitical/

Join the Vox Political Facebook page.

4) You could even make Vox Political your homepage at http://voxpoliticalonline.com

And do share with your family and friends – so they don’t miss out!

If you have appreciated this article, don’t forget to share it using the buttons at the bottom of this page. Politics is about everybody – so let’s try to get everybody involved!

Buy Vox Political books so we can continue
fighting for the facts.


The Livingstone Presumption is now available
in either print or eBook format here:

HWG PrintHWG eBook

Health Warning: Government! is now available
in either print or eBook format here:

HWG PrintHWG eBook

The first collection, Strong Words and Hard Times,
is still available in either print or eBook format here:

SWAHTprint SWAHTeBook

Crony contract to Tory friends was ‘unlawful’ – but government is lying about the decision

Backhander: the Tory government is still claiming there was nothing wrong with the Public First contract but the High Court’s ruling is final – it was not legal.

The High Court has ruled that a Tory government decision to award a £560,000 contract to friends of a Tory minister and advisor gave rise to “apparent bias” and was unlawful.

The Tories are already trying to spin this by saying there was no suggestion of “actual” bias, and the contract was not awarded due to personal or professional connections between Michael Gove and Dominic Cummings and their friends in Public First, Rachel Wolf and James Frayne. She co-wrote the Conservatives’ 2019 election manifesto and he worked on the campaign to leave the European Union with Cummings.

I don’t know what the Cabinet Office is trying to achieve by saying that. The judge’s ruling is crystal clear: the government broke the law:

Delivering her ruling, Mrs Justice O’Farrell said: “The claimant is entitled to a declaration that the decision of 5 June 2020 to award the contract to Public First gave rise to apparent bias and was unlawful.”

Nothing else matters. Public First and the Cabinet Office can say what they like but the decision to award the contract to Tory cronies was not permitted within the law and that is the end of the matter.

This Site has been reporting on it since July last year, when the contract first became public knowledge.

I wrote at the time: “It’s jobs for the boys, the Old School Tie, and every other example of favouritism you can imagine in the Tory government during the Covid crisis!

“They’re using emergency regulations, that allow services to be commissioned quickly, to pass huge amounts of money to their friends.

“And apparently there’s a conflict of interest as it seems to involve Eurosceptics working on focus group research related to Brexit – parts of the work contracted involved research on public attitudes to Brexit, which is dodgy in a Eurosceptic firm – although a Cabinet Office spokesman said this was a bookkeeping issue. Do you believe that?

“The Tories are using the Covid-19 crisis to funnel public money away from vital services and into their friends’ bank accounts.”

And I quoted The Guardian‘s report which is interesting in that it states the contract was worth £840,000. It’s curious that these amounts always fall when people are in trouble over them – and always rise when public money is being used to pay.

One piece of information that should have been a dead giveaway was the fact that Public First’s registered office is a residential address – a house – in Long Eaton, Nottinghamshire.

Public First was also behind the disastrous plan to bias (there’s that word again) ‘A’ level results against students who didn’t go to Public Schools like Eton.

The collaboration led to the result we all know:

The algorithm used by Ofqual downgraded 40% of the A-level grades assessed by teachers under the process set after the exams were cancelled, leading to a storm of protest from students, parents, school leaders and teachers, that culminated in a complete government U-turn on Monday and the system being scrapped.

Details of this contract were not made public and Ofqual declined to say how much public money had been spent hiring the firm of Tory cronies. It was only later that the organisation had to admit handing over £49,000 of your money to buy poorer results for your children.

Ofqual’s boss at the time, Sally Collier, later resigned – apparently in shame at having given Public First the contract, and at what that firm did with it.

So now here’s the big question: if the contract to Public First was not legal, shouldn’t that money be paid back?

And if so – by whom?

Say what you like about Public First; the work was carried out. Whether it was carried out to an acceptable standard has not been recorded (and the Ofqual experience casts doubt on that) but somebody did the work that was contracted, and we may expect that it was done in good faith.

So, shouldn’t the government minister(s), who broke the law by awarding the contract wrongly, now pay back into public funds at least the £560,000 quoted in the High Court’s judgement?

Matt Hancock, maybe? Or Boris Johnson?

Source: Government acted unlawfully over firm’s £560,000 Covid contract – BBC News

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

https://www.crowdjustice.com/case/mike-sivier-libel-fight/


Vox Political needs your help!
If you want to support this site
(
but don’t want to give your money to advertisers)
you can make a one-off donation here:

Donate Button with Credit Cards

Here are four ways to be sure you’re among the first to know what’s going on.

1) Register with us by clicking on ‘Subscribe’ (in the left margin). You can then receive notifications of every new article that is posted here.

2) Follow VP on Twitter @VoxPolitical

3) Like the Facebook page at https://www.facebook.com/VoxPolitical/

Join the Vox Political Facebook page.

4) You could even make Vox Political your homepage at http://voxpoliticalonline.com

And do share with your family and friends – so they don’t miss out!

If you have appreciated this article, don’t forget to share it using the buttons at the bottom of this page. Politics is about everybody – so let’s try to get everybody involved!

Buy Vox Political books so we can continue
fighting for the facts.


The Livingstone Presumption is now available
in either print or eBook format here:

HWG PrintHWG eBook

Health Warning: Government! is now available
in either print or eBook format here:

HWG PrintHWG eBook

The first collection, Strong Words and Hard Times,
is still available in either print or eBook format here:

SWAHTprint SWAHTeBook

Blow for fascist Patel as court rules housing migrants in Napier Barracks ‘unlawful’ and ‘unreasonable’

Priti Patel: of course the decision to put migrants in the “squalid”, “filthy” and overcrowded Napier Barracks was “unreasonable”. Does she look reasonable to you?

The fight against Priti Patel’s fascist policy of forcing migrants to live in concentration camps like Napier Barracks in Kent has taken a major step forward.

The High Court has ruled that a Home Office decision to force migrants to live in the “squalid” and overcrowded former barracks was “unlawful”.

Home Secretary Priti Patel may now have to pay a damages claim against her, and the ruling could lead to further cases from any other men held at the camp who can bring similar evidence to court.

Mr Justice Linden made his judgement after considering evidence including details of a fire that broke out in the camp in January, and an outbreak of Covid-19 earlier this year that infected 200 people.

The judge said the camp’s failings included overcrowding, the use of communal dormitories during a pandemic, lack of ventilation, “filthy” facilities, significant fire risks, run-down buildings, and a “decrepit” isolation block that was not fit for human habitation.

He said: “I do not accept that the accommodation there ensured a standard of living which was adequate for the health of the claimants.

“Insofar as the defendant considered that the accommodation was adequate for their needs, that view was irrational.”

And he criticised the “detention-like” setting for the men.

He said: “They were supposed to live voluntarily pending a determination of their applications for asylum.

“When this is considered, a decision that accommodation in a detention-like setting – a site enclosed by a perimeter fence topped with barbed wire, access to which is through padlocked gates guarded by uniformed security personnel – will be adequate for their needs, begins to look questionable.”

Let’s be honest: these people were imprisoned there, without trial – without even having committed a crime, in accommodation that was unfit for human beings to the extent that hundreds of them contracted a disease that could have been fatal.

This Site has been reporting on the situation at Napier Barracks for a considerable period, and it would be unreasonable for Priti Patel to say she had been unaware of conditions there:

Journalist arrest after Kent refugee camp protest shows how the Tories put down dissent

As the Home Office ships more people into concentration camp, join the fight to close Napier Barracks for good

Responsibility for conditions at Napier lies squarely with the Home Secretary herself, as the Home Office’s advocate said Patel had decided the barracks could be used safely by “introducing safeguards”.

But it is clear that any such safeguards that were introduced were not enough. Is this another example of Tories refusing to fund anything that doesn’t generate a direct profit for themselves or their donors?

The judge declined to rule that the barracks could not be used to house migrants in the future – but he said there must be significant improvements.

From the judgement itself, we may reasonably deduce that these would include changing the sleeping arrangements to end communal dormitories, taking down the barbed-wire perimeter fence, padlocked gates and guards, and giving the entire site a clean.

But this is one example of Tory racism that they won’t be able to whitewash away.

Source: Napier Barracks: Housing migrants at barracks unlawful, court rules – BBC News

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

https://www.crowdjustice.com/case/mike-sivier-libel-fight/


Vox Political needs your help!
If you want to support this site
(
but don’t want to give your money to advertisers)
you can make a one-off donation here:

Donate Button with Credit Cards

Here are four ways to be sure you’re among the first to know what’s going on.

1) Register with us by clicking on ‘Subscribe’ (in the left margin). You can then receive notifications of every new article that is posted here.

2) Follow VP on Twitter @VoxPolitical

3) Like the Facebook page at https://www.facebook.com/VoxPolitical/

Join the Vox Political Facebook page.

4) You could even make Vox Political your homepage at http://voxpoliticalonline.com

And do share with your family and friends – so they don’t miss out!

If you have appreciated this article, don’t forget to share it using the buttons at the bottom of this page. Politics is about everybody – so let’s try to get everybody involved!

Buy Vox Political books so we can continue
fighting for the facts.


The Livingstone Presumption is now available
in either print or eBook format here:

HWG PrintHWG eBook

Health Warning: Government! is now available
in either print or eBook format here:

HWG PrintHWG eBook

The first collection, Strong Words and Hard Times,
is still available in either print or eBook format here:

SWAHTprint SWAHTeBook

Judgement in Chris Williamson ‘anti-Semitism’ court case due TODAY

Chris Williamson.

A judge in Birmingham is to rule on whether the Labour Party acted illegally in re-suspending Chris Williamson on an accusation of anti-Semitism, after he had been reinstated into the party.

Here are the details, courtesy of Kerry-Anne Mendoza:

She is right; he does deserve our solidarity.

You may remember that Mr Williamson’s Labour membership was suspended after he made a speech saying that Labour had been “too apologetic” when faced with accusations of anti-Semitism in the party.

In the speech, Mr Williamson said: “The party that has done more to stand up to racism is now being demonised as a racist, bigoted party.

“I have got to say I think our party’s response has been partly responsible for that because in my opinion… we have backed off far too much, we have given too much ground, we have been too apologetic.”

Amid applause from the audience, he went on to say: “We’ve done more to address the scourge of anti-Semitism than any political party.”

To This Writer’s way of thinking, this is a valid opinion; the party’s leadership and disputes team seems to believe every accusation is proof of guilt.

But some took the opportunity to say he was trying to excuse racism (every accusation is proof of guilt – see?) so he issued a prompt apology for giving that impression, saying, “Our movement can never be ‘too apologetic’ about racism within our ranks.”

It wasn’t enough to stop his suspension, which was ended after a three-member National Constitutional Committee panel ruled him innocent of wrong-doing.

But this led to outrage among the witch-hunters in the party and he was promptly re-suspended.

Mr Williamson has claimed that the Labour leadership was wrong to do this and launched a legal challenge, which he crowdfunded with donations from supporters.

Now the evidence has been heard and the judge will deliver the verdict at 4pm.

This will be an important moment for everybody who has taken part in the witch-hunt against innocent Labour Party members – and for those of us who have been abused by it.

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

https://www.crowdjustice.com/case/mike-sivier-libel-fight/


Vox Political needs your help!
If you want to support this site
(
but don’t want to give your money to advertisers)
you can make a one-off donation here:

Donate Button with Credit Cards

Here are four ways to be sure you’re among the first to know what’s going on.

1) Register with us by clicking on ‘Subscribe’ (in the left margin). You can then receive notifications of every new article that is posted here.

2) Follow VP on Twitter @VoxPolitical

3) Like the Facebook page at https://www.facebook.com/VoxPolitical/

Join the Vox Political Facebook page.

4) You could even make Vox Political your homepage at http://voxpoliticalonline.com

And do share with your family and friends – so they don’t miss out!

If you have appreciated this article, don’t forget to share it using the buttons at the bottom of this page. Politics is about everybody – so let’s try to get everybody involved!

Buy Vox Political books so we can continue
fighting for the facts.


The Livingstone Presumption is now available
in either print or eBook format here:

HWG PrintHWG eBook

Health Warning: Government! is now available
in either print or eBook format here:

HWG PrintHWG eBook

The first collection, Strong Words and Hard Times,
is still available in either print or eBook format here:

SWAHTprint SWAHTeBook

Capita u-turns on court appeal over claimant death – opening itself to more claims?

Outsourcing giant Capita has dropped an appeal against a court decision ordering it to pay damages to the family of a benefit claimant who died  after it recommended she be refused the disability benefit PIP.

The company was ordered to pay £10,000 in damages following the death of PIP claimant Victoria Smith after it recommended that her benefit claim should be refused.

Ms Smith suffered from agoraphobia and fibromyalgia, and died of a brain haemorrhage in July last year after a worsening of these conditions. The assessment had taken place in March, four months previously.

While the decision over whether someone receives the benefit is made by a DWP official, Capita’s assessment of how a person’s disability affects their life is a crucial part of the process.

The week after Ms Smith’s death, a social security tribunal decided she had been eligible for PIP. Mother Susan Kemlo took legal action against the company for maladministration – that it had made inaccurate statements – and was awarded £10,000.

Capita had announced a decision to go back to court, aiming to have the judgement set aside on the grounds that problems with its internal mail system meant the firm never had a chance to defend itself.

But now the company has now announced that it “considered this exceptional case on an individual basis [and] decided not to contest the original default judgement”.

It has apologised to the family for any additional distress caused.

Have its bosses realised that they could be opening the way for a series of appeals by family members of benefit claimants who have died after a refusal recommended by Capita?

Who knows how many people have lost their lives in this way?

The Department for Work and Pensions certainly doesn’t seem to – it doesn’t keep records of what happens to claimants for longer than two weeks after a benefit refusal.

But we have seen dozens of news stories about the deaths of claimants, months after being denied benefits.

The court’s decision has set a precedent. This Writer certainly hopes the families of the deceased take advantage of it.

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

https://www.crowdjustice.com/case/mike-sivier-libel-fight/


Vox Political needs your help!
If you want to support this site
(
but don’t want to give your money to advertisers)
you can make a one-off donation here:

Donate Button with Credit Cards

Here are four ways to be sure you’re among the first to know what’s going on.

1) Register with us by clicking on ‘Subscribe’ (in the left margin). You can then receive notifications of every new article that is posted here.

2) Follow VP on Twitter @VoxPolitical

3) Like the Facebook page at https://www.facebook.com/VoxPolitical/

Join the Vox Political Facebook page.

4) You could even make Vox Political your homepage at http://voxpoliticalonline.com

And do share with your family and friends – so they don’t miss out!

If you have appreciated this article, don’t forget to share it using the buttons at the bottom of this page. Politics is about everybody – so let’s try to get everybody involved!

Buy Vox Political books so we can continue
fighting for the facts.


The Livingstone Presumption is now available
in either print or eBook format here:

HWG PrintHWG eBook

Health Warning: Government! is now available
in either print or eBook format here:

HWG PrintHWG eBook

The first collection, Strong Words and Hard Times,
is still available in either print or eBook format here:

SWAHTprint SWAHTeBook

‘We’ve been wronged’ says outsourcing firm after death of claimant whose benefits were wrongly stopped

It must be great to be so rich you think you can buy justice.

Take government-contract outsourcing firm Capita, that (among other things) conducts health assessments for Personal Independence Payment (PIP), the main disability benefit, on behalf of the Department for Work and Pensions (DWP).

The company was ordered to pay £10,000 in damages following the death of PIP claimant Victoria Smith after it recommended that her benefit claim should be refused.

Ms Smith suffered from agoraphobia and fibromyalgia, and died of a brain haemorrhage in July last year after a worsening of these conditions. The assessment had taken place in March, four months previously.

While the decision over whether someone receives the benefit is made by a DWP official, Capita’s assessment of how a person’s disability affects their life is a crucial part of the process.

The week after Ms Smith’s death, a social security tribunal decided she had been eligible for PIP. Mother Susan Kemlo took legal action against the company for maladministration – that it had made inaccurate statements – and was awarded £10,000.

Now the firm is taking the case back to court, hoping the judgement will be set aside.

It says problems with its internal email system mean it never had a chance to defend itself.

And court papers suggest that the firm is bringing this costly court action, not for justice, but to offset the reputational damage it has suffered.

In those papers, the company states: “Capita has been on the receiving end of significant negative press which suggests that it has been held liable following a successful claim by the claimant,” it says.

“This causes significant reputational damage to Capita’s business.”

Never mind the merits of the case; it seems to me that Capita is trying to overturn the judgement because it can afford to.

Put the shoe on the other foot; if Mrs Kemlo had lost, would she have the cash to appeal against the decision?

This is about corporate pride, money, and a bid to buy justice.

Source: Capita seeks to reverse ‘reputational damage’ after death of claimant – BBC News

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

https://www.crowdjustice.com/case/mike-sivier-libel-fight/


Vox Political needs your help!
If you want to support this site
(
but don’t want to give your money to advertisers)
you can make a one-off donation here:

Donate Button with Credit Cards

Here are four ways to be sure you’re among the first to know what’s going on.

1) Register with us by clicking on ‘Subscribe’ (in the left margin). You can then receive notifications of every new article that is posted here.

2) Follow VP on Twitter @VoxPolitical

3) Like the Facebook page at https://www.facebook.com/VoxPolitical/

Join the Vox Political Facebook page.

4) You could even make Vox Political your homepage at http://voxpoliticalonline.com

And do share with your family and friends – so they don’t miss out!

If you have appreciated this article, don’t forget to share it using the buttons at the bottom of this page. Politics is about everybody – so let’s try to get everybody involved!

Buy Vox Political books so we can continue
fighting for the facts.


The Livingstone Presumption is now available
in either print or eBook format here:

HWG PrintHWG eBook

Health Warning: Government! is now available
in either print or eBook format here:

HWG PrintHWG eBook

The first collection, Strong Words and Hard Times,
is still available in either print or eBook format here:

SWAHTprint SWAHTeBook

BBC admits ‘anti-Semitism’ claim against Jackie Walker was false. Where’s LABOUR’S apology?

Vindicated: Jackie Walker.

The BBC has upheld a complaint against former BBC political editor Nick Robinson after he wrongly tweeted that Jackie Walker had claimed that “the Jews controlled the slave trade”.

This was a principal complaint against Ms Walker and part of the basis on which both she and This Writer have been expelled from the Labour Party. As it is false, Labour’s reasons for expelling us both may also be false – if the party’s accusers were mistaken on one point, it is likely they were wrong about all of them.

So when will Labour apologise and re-instate us?

The BBC‘s apology came in a letter to Twitter user and campaigner against injustice Simon Maginn, who had complained about a tweet by Nick Robinson on February 26.

It seems Mr Robinson had claimed that Ms Walker had stated that “the Jews controlled the slave trade” and that this was an example of “anti-Semitism in the Labour Party”.

But in a letter to Mr Maginn that he tweeted yesterday (July 1), a representative of the Corporation’s Executive Complaints Division stated [boldings mine]: ‘What she had said, however (in response to a friend who had raised the question of ‘the debt’ owed to the Jews because of the Holocaust), was “Oh yes – and I hope you feel the same towards the African holocaust? My ancestors were involved in both – on all sides as I’m sure you know, millions more Africans were killed in the African holocaust and their oppression continues today on a global scale in a way it doesn’t for Jews… and many Jews (my ancestors too) were the chief financiers of the sugar and slave trade which is of course why there were so many early synagogues in the Caribbean. So who are victims and what does it mean? We are victims and perpetrators to some extent through choice. And having been a victim does not give you a right to be a perpetrator.”

‘Even allowing for the element of compression often seen in tweets, I think the paraphrase of Ms Walker gave an insufficiently accurate impression of her actual words, so I am upholding that aspect of your complaint.’

There can be no doubt that Ms Walker was referring specifically to matters in the Caribbean. If the reference to the sugar trade was not sufficiently exact, the comment, “which is of course why there were so many early synagogues in the Caribbean” is self-explanatory.

And I made all this abundantly clear, nearly three years ago!

Read my articles here and here for the evidence.

The former of those pieces was actually used by Labour in its “evidence” (ha ha) against me!

I had written that – as is now well-documented – Ms Walker’s Facebook page had been hacked by members of an organisation called the Israel Advocacy Movement (whose founder, Joseph Cohen, used to be a member of the organisation that originally accused me – the fake charity calling itself the Campaign Against Antisemitism).

They grabbed part of a conversation she was having with a friend and gave it to the Jewish Chronicle as evidence of anti-Semitism – and that is the origin of the accusation against her.

I had written: “She was subjected to racist abuse by people who pose as campaigners against racism (albeit that very specific kind of racism that relates to the Jewish people). The same people claim the Nazi holocaust exclusively for Jews, thereby discriminating against all the other groups who faced genocide at the same time including, most famously, the Roma, the sick and disabled.”

Labour’s claim was “Qualifying racism in this way Mr Sivier has done is dismissive of antisemitism. There are very few, if any campaigners who ‘claim the Nazi holocaust exclusively for Jews’. Stating this discredits and diminishes antisemitism and the work done by campaigners.”

Oh, really?

Apparently the part that’s supposed to be dismissive of anti-Semitism is where I stated that the accusers were posing as campaigners against racism “albeit that very specific kind of racism that relates to the Jewish people”. That is, of course, exactly how anti-Semitism is defined.

As for there being “few, if any campaigners who ‘claim the Nazi holocaust exclusively for Jews'” – here are a few examples, quoted in my defence against Labour’s false accusations:

“If only my accuser had actually read the article they were quoting, they would have found two examples of campaigners who claim the Nazi holocaust exclusively for Jews. From the article quoted in my piece: “The late Elie Wiesel said that to compare the sufferings of others with Jews was a “betrayal of Jewish history”. And Lucy Dawidowicz, a well known holocaust historian and rightwing Zionist, held that “subsuming Jewish losses under a universal or ecumenical classification is to effectively justify anti-Semitism”.”

“More currently, how about Jonathan Freedland’s words, in his recent article – https://www.theguardian.com/commentisfree/2018/jul/27/jewish-anger-labour-listen-antisemitism-opinion – on the Guardian website? He wrote: “The Holocaust, the murder of 6 million Jews, is, for us, a very recent memory: part of our own lived experience, barely one generation away.” Here we see a national opinion-former claiming the Nazi holocaust exclusively for Jews. Who knows how many people have read his words and believed them?

“The following Jews, in a letter supporting Jackie Walker against her suspension after being unethically filmed at a Jewish Labour Movement event on anti-Semitism, stated: “It has always been a principle of the Zionist movement that the Nazi Holocaust was exclusive to the Jews. Yehuda Bauer, professor of Holocaust studies at the Hebrew University, Jerusalem, has argued that ‘the Nazis only attempted to annihilate one people, the Jews’. According to Bauer, ‘the Holocaust is very much a unique case’. The signatories were: Tony Greenstein, Professor Haim Bresheeth, Professor Emeritus Jonathan Rosenhead, Leon Rosselson, Ruth Appleton, Rica Bird, Mike Cushman, Dr Merav Devere, Mark Elf, Sylvia Finzi, Ken Fryde, Leah Levane, Claire Glasman, Selma James, Michael Kalmanovitz, Helen Marks, Elizabeth Morley, Diana Neslen, Ilan Pappe, Martin Parnell, Roland Rance, Dr Brian Robinson, Amanda Sebestyen, Glynn Secker, David Selzer, Sam Semoff, Sam Weinstein and Naomi Wimborne-Iddrissi.

“I have found others in the course of my work on my website.

“For example: Beth Rosenberg, who I mention in my article https://voxpoliticalonline.com/2018/01/24/holocaust-memorial-day-tweet-triggers-hate-filled-denial-of-disability-related-deaths/ as tweeting, “Minimising the Holocaust is antisemitic, which you know and are doing deliberately to cause offence”. The problem is, I did not minimise any Holocaust – and HMD commemorates many holocausts and genocides, not just what happened to the Jewish people. Her tweet very clearly claims the Nazi holocaust exclusively for Jews – and cemented this in with her further comment: “The mythology from the left compared to the systematic murder of 6 million Jews.” So HMD refers only to the Shoah and not to any other such events, according to Ms Rosenberg.

“Here’s Christina Wallis: “I just find it upsetting that you’re using an atrocity that lead to the death of six million people, including members of my family to make a political point.” The Nazi holocaust killed 17 million people in total but she omits everybody who was not Jewish. So her tweet also, very clearly, claims the Nazi holocaust exclusively for Jews.

“Here’s another one, from ‘Plastic Fantastic’ on Twitter: “The Holocaust has a specific meaning – Nazi Germany systematically murdering some six million European Jews.” See: https://twitter.com/omgstater/status/956267890491166721

I don’t honestly expect Labour to back down and apologise on the basis of a single admission of wrongdoing by the BBC – the prejudice in favour of the witch-hunters is far too strong in that organisation at the moment.

But I do think there is a clear message here – that the Labour Party machine now needs to engage in full and open discussion with those of us it has wronged, about its reasons for attacking perfectly innocent people, for dragging our names and reputations through the dirt, and for protecting those who have lied about us – both inside and outside the organisation.

How about it, Jennie Formby? Let’s have an open debate – or are you afraid?

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

https://www.crowdjustice.com/case/mike-sivier-libel-fight/


Vox Political needs your help!
If you want to support this site
(
but don’t want to give your money to advertisers)
you can make a one-off donation here:

Donate Button with Credit Cards

Here are four ways to be sure you’re among the first to know what’s going on.

1) Register with us by clicking on ‘Subscribe’ (in the left margin). You can then receive notifications of every new article that is posted here.

2) Follow VP on Twitter @VoxPolitical

3) Like the Facebook page at https://www.facebook.com/VoxPolitical/

Join the Vox Political Facebook page.

4) You could even make Vox Political your homepage at http://voxpoliticalonline.com

And do share with your family and friends – so they don’t miss out!

If you have appreciated this article, don’t forget to share it using the buttons at the bottom of this page. Politics is about everybody – so let’s try to get everybody involved!

Buy Vox Political books so we can continue
fighting for the facts.


The Livingstone Presumption is now available
in either print or eBook format here:

HWG PrintHWG eBook

Health Warning: Government! is now available
in either print or eBook format here:

HWG PrintHWG eBook

The first collection, Strong Words and Hard Times,
is still available in either print or eBook format here:

SWAHTprint SWAHTeBook

Two down: Woolf resigns from sex abuse inquiry

Beleaguered: At last, Fiona Woolf has done the decent thing, after acknowledging that she could never hold the trust of child sex abuse victims due to her relationship with Leon Brittan, who might have to give evidence to the inquiry she had been appointed to chair.

Beleaguered: At last, Fiona Woolf has done the decent thing, after acknowledging that she could never hold the trust of child sex abuse victims due to her relationship with Leon Brittan, who might have to give evidence to the inquiry she had been appointed to chair.

The second chair of the so-called independent inquiry into historic child sex abuse cases has resigned, according to the BBC.

Fiona Woolf said she wanted to “get out of the way” after it became clear that victims did not have any confidence in her.

To the Tories, you see, image is everything – and it had been made abundantly clear to Mrs Woolf that hers was tarnished by her freely-admitted association with Leon Brittan, a man who, as Home Secretary during the 1980s, managed to lose a dossier containing the names of more than 100 alleged child sex offenders, including some prominent Conservative Party members (if rumours are to be believed).

The association made her as suspicious to victims’ groups as her forerunner, Baroness Butler-Sloss, whose own name was unavoidably linked with that of the late Sir Michael Havers, attorney-general during the 1980s, whose behaviour has also been called into question by allegations that he tried to hush up child sex abuse allegations against prominent members of the Establishment.

And these were all Establishment figures in their own right. Mrs Woolf had tried to distance herself from these claims by making assurances that she herself was not a member of the Establishment – but her case was lost before she even made it. She is, you see, the Lord Mayor of London.

This second resignation from an inquiry that is supposed to be independent, by a chairperson who had clear ties to people she would have been investigating, has raised renewed claims that the current Home Secretary, Theresa May, has not carried out ‘due diligence’ when considering who to appoint.

Mrs May seems to be caught between a rock and a hard place. She has to appoint someone who is acceptable to the Conservative Party, but who is also acceptable to the general public – and the public has serious issues with her choices for the reason laid out in this very blog less than a month ago: Will a Conservative-led government ever find someone to chair this inquiry who is free of any alleged connections to its subject matter?

And the longer this drags on, the more suspicious the entire situation will seem. People will start asking more deeply disturbing questions. Logically, the first will be whether Mrs May has encountered so much difficulty in appointing a chairperson because the Conservatives want to influence the inquiry’s outcome, to ensure that nobody connected with them is ever implicated.

You see, image is everything to the Tories, especially with a general election taking place in the not-too-distant future.

David Cameron had given his backing to the choice of Mrs Woolf – as, if memory serves, he did to the choice of Baroness Butler-Sloss – so the resignation calls his judgement into question.

Then again, it seems that almost everything said about Cameron these days calls his judgement into question, whether it is his cavalier attitude to the NHS privatisation started by his former boss Andrew Lansley (that he didn’t understand), his keenness to award NHS contracts to Tory donors, his (alleged) failure to take an interest in the European Union’s re-evaluation of membership fees until he was presented with a bill for £1.7 billion this week, or any of the many other bombshells that seem to be bursting around him every day.

A report in Thursday’s Guardian has accused him of misleading the public over the total amount of his government’s planned austerity cuts that have been implemented during the current Parliament. Cameron said four-fifths of the process was complete, while the Institute for Fiscal Studies said more than half were still to come into force.

Now this.

Never mind Fiona Woolf’s resignation – isn’t it time we demanded Cameron’s?

Follow me on Twitter: @MidWalesMike

Join the Vox Political Facebook page.

Vox Political needs your help!
If you want to support this site
(
but don’t want to give your money to advertisers)
you can make a one-off donation here:

Donate Button with Credit Cards

Buy Vox Political books so we can continue
pointing out the inconvenient facts!

Health Warning: Government! is now available
in either print or eBook format here:

HWG PrintHWG eBook

The first collection, Strong Words and Hard Times,
is still available in either print or eBook format here:

SWAHTprint SWAHTeBook

Hypocrisy, your name is Iain Duncan Smith!

How this man ever got to be leader of the Conservative Party is astounding but anyone can see why he failed.

Iain Duncan Smith, a man with four children who has spent a sustained period of his life claiming state benefits, has described the UK’s benefits system as “overly generous”. Is he going to return the public cash he received, then? (No, I didn’t think so)

The Sun reports that he said big handouts for jobless parents are resented by their hard-working neighbours. How odious. He’s hoping that, by saying it, gullible members of the public will believe it, rather than thinking for themselves.

According to the article, “Most people get up in the morning, work hard, come back late and can only afford to have one or two children,” said the father of four.

“They look down the road to the house with the curtains closed, no-one going out to work but lots of kids around.” Your house, Iain.

“It’s dividing society.” No – you’re dividing society, Iain.

He added: “Everybody in Britain makes decisions based on what they can afford and how their family life works.” Fine words, coming from a man who lost a job at property firm Bellwinch after six months. I wonder if he was married then (he probably was; he’d been at GEC-Marconi in 1981, prior to Bellwinch, and they wed in 1982). So he knows that life-changing events can happen unexpectedly.

He just refuses to acknowledge this universal fact of life – it would contradict his ideology.

And his ideology is twisted, when it comes to money.

Look at his policy special adviser, Philippa Stroud, who is also being paid by a right-wing thinktank, the Centre for Social Justice, that lobbies his own Department for Work and Pensions!

He knows that the special advisers’ code of conduct stipulates that they “should not receive benefits of any kind which others might reasonably see as compromising their personal judgment or integrity”.

An annex to the code, titled the Seven Principles of Public Life, adds: “Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.”

The code also makes clear that ministers making such appointments, in this case Smith himself, are held responsible for their advisers’ conduct.

He seems to think it’s okay for her to take public money on top of her own salary; he seems to think it’s all right for her to have a job as a senior member of a pressure group that tries to influence his department, when he role within that department is to give him advice on what to do; he seems to think it’s permissible to allow all that and still lecture the nation about what is morally acceptable; and he seems to think he’ll get away with it.

Sadly, as a member of a government that is so twisted its members need help screwing themselves into their trousers in the morning, he’s probably right about that last assumption.

Follow me on Twitter: @MidWalesMike

Join the Vox Political Facebook page.

Vox Political needs your help!
This independent blog’s only funding comes from readers’ contributions.
Without YOUR help, we cannot keep going.
You can make a one-off donation here:

Donate Button with Credit Cards

Alternatively, you can buy Vox Political books!
The second – Health Warning: Government! is now available
in either print or eBook format here:

HWG PrintHWG eBook
The first, Strong Words and Hard Times
is still available in either print or eBook format here:

SWAHTprint SWAHTeBook