Tag Archives: transatlantic

Does money matter more than your life? Corporations prepare lawsuits against countries over Covid-19 protections


Remember the fuss over the Transatlantic Trade and Investment Partnership (TTIP)? No?

Let me tell you a story.

Back when the UK was part of the European Union, there was a move to create a trading partnership with the United States, allowing goods to flow between the two power blocs, practically tax free.

But problems arose over a so-called ‘Investor-State Dispute Settlement’ system that would have allowed corporations to prosecute individual nations if they passed laws that – for example – protected citizens from having to buy inferior goods that put their health at risk.

This would have interfered with the corporations’ profits, you see.

The possibility of entering an agreement that gave ultimate power to greedy shareholders rather than national governments that – at least nominally – exist to protect citizens killed the TTIP stone dead.

Now we have evidence of what a good idea this was:

Countries could soon face a ‘wave’ of multi-million dollar lawsuits from multinational corporations claiming compensation for measures introduced to protect people from COVID-19 and its economic fallout, according to a new report.

Researchers have identified more than twenty corporate law firms offering services to mount such cases, which would seek compensation from states for measures that have negatively impacted company profits – including lost future profits.

Measures that could face legal challenges include the state acquisition of private hospitals; steps introduced to ensure that drugs, tests and vaccines are affordable; and relief on rent, debt and utility payments.

Under controversial ‘Investor-State Dispute Settlement’ (ISDS) mechanisms, foreign investors, companies and shareholders are able to sue states directly at obscure international tribunals over a wide range of government actions… in what the researchers describe as “a parallel justice system for the rich”.

This Writer is not aware of the UK being a part of any ISDS procedure, and it is clear that any agreement to take part in one would be an offence against democracy.

Note very carefully that the UK’s Conservative government was very keen to take us into such an agreement with the United States, as part of the EU.

I can only agree with Labour’s John McDonnell…

… and urge that anyone hearing of such lawsuits taking place here in the UK let me know immediately.

Source: Exclusive: Countries to face a ‘wave’ of corporate lawsuits challenging emergency COVID-19 measures | openDemocracy

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/


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The ‘Repeal Bill’ will put profit over people in a double-whammy for the Tories

The Tories promised they would take back control after Brexit. They meant they would take it AWAY – from US [Image: PA].

If you were wondering why the Tories have quietly dropped their dodgy ‘Bill of Rights’, it’s because they don’t need it any more – they can achieve the same aims, with far less fuss, in their so-called ‘Repeal Bill’.

The Bill will be the most dishonest piece of legislation to go through Parliament in decades – starting with its title. It will repeal nothing. The stated aim is to enshrine European laws that the UK observes (without having passed them as our own) into UK law, to ensure a smoother transition when Brexit happens.

But this is not true. The Tories intend to pick and choose which EU laws get to go on the UK statute book – and the plan is to ensure that the people lose out to corporations on every line.

So the ‘Bill of Rights’ – which was intended primarily to remove rights that had been conferred on UK citizens by the EU – will no longer be necessary; the Tories will simply cut those rights out of the Repeal Bill and hide it from the public.

Similarly, the Tories won’t have to face public scrutiny over their plans to ensure that corporations can sue the UK government if any future administration tries to put the good of the citizens before private profit.

The so-called Investor-State Dispute Settlement (ISDS) system was a principle reason the US-EU Transatlantic Trade and Investment Partnership (TTIP) agreement foundered last year. Soon after, it was rumoured that the whole project may have been demanded by the UK government, with the intention of putting corporations in control.

Now, with our departure from the EU imminent, the Tories don’t need anybody else’s permission to impose the worst of all possible worlds on the people of the United Kingdom.

They are planning a new hierarchy, with working people at the bottom, enjoying no rights other than what their overprivileged toff masters hand down to them.

Next will be the apparatus of the state, as embodied in the elected government.

But the government will be a slave to the will of the corporations.

And who will be at the top of this system?

Why, shareholders in corporations, of course. And wouldn’t it be a strange coincidence if these boardrooms turned out to be stuffed with people who are currently Conservative government ministers?

Perhaps you should ask your Tory-voting neighbour why they support this kind of corruption.

Fundamental rights and powers that ordinary citizens currently enjoy will be scrapped.

This week we have discovered, for instance, that British citizens will no longer be able to sue the government for breaking the law.We will lose our rights, if the government gets its way, to sue for compensation in court when the government acts illegally and infringes our rights at work, or our right to a clean and healthy environment.

Currently, a European ruling means an individual can seek damages if the government has failed to properly implement the law. But the government says that no similar domestic law exists, so there will be no legal mechanism to get such redress in future.

There will be plenty more where this comes from. The Great Repeal Bill, after all, awards our government powers that no modern government has enjoyed in peacetime. And far from simply changing the words “European Union” into “United Kingdom”, ministers will gain the ability to make radical changes to fundamental human rights and environmental protections that simply don’t make sense when taken out of an EU context.

As if this weren’t bad enough, Trade Secretary Liam Fox is touring the planet looking for unsavoury regimes we can sign deregulatory trade deals with. And at the heart of those trade deals, in all likelihood, will be special “corporate courts” that allow foreign businesses the power to sue governments for regulations they judge to be “unfair”.

That’s right – as British citizens lose their ability to hold the government to account in court, foreign multinationals will gain rights to sue the government in secret arbitration panels for passing a regulation or standard that those corporations believe will damage their profits.

We know this because these “courts”, formally known as Investor State Dispute Settlement (ISDS), already exist in hundreds of investment deals in which countries all over the world have been secretly sued for such radical actions as putting cigarettes in plain packaging, placing a moratorium on fracking, removing toxic chemicals from petrol. No appeal is allowed. And we know that the British government has been one of the most vociferous in the world in putting the case for such courts.

Read more: The Government is using Brexit to take control away from citizens and give it to corporations


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Greatest Coalition Failures: National Health Service

zcoalitionfailNHS

National Health Service staff went on a four-hour strike today (Monday) against a pay freeze which has meant one in five of them have had to take other jobs in order to make ends meet.

Health Secretary Jeremy Misprint Hunt, whose 10 per cent pay rise on his ministerial salary of around £140,000 is safe, said the health service could not possibly afford to add one per cent to workers’ pay. The minimum starting salary for a registered nurse is £21,478; Hunt’s pay rise alone could cover a one-per-cent increase for no less than 65 such nurses, and they are by no means the lowest-paid NHS workers.

The strike has come as The Times newspaper claimed that “senior Tories have admitted that reorganising the NHS is the biggest mistake they have made in government,” with at least £5 billion a year wasted on inefficiencies.

The paper’s online version is hidden behind a paywall, but its front page states: “David Cameron did not understand the controversial reforms and George Osborne regrets not preventing what Downing Street officials call a ‘huge strategic error’, it can be revealed.

“The prime minister and the chancellor both failed to realise the explosive extent of plans drawn up by Andrew Lansley, when he was the health secretary, which one insider described as ‘unintelligible gobbledegook’.

“An ally of Mr Osborne said ‘George kicks himself for not having spotted it and stopped it. He had the opportunity then and he didn’t take it.’

“The admission came during an investigation by The Times that has found at least £5 billion is wasted every year on inefficiences, such as overpaying for supplies, out of date drugs, agency workers and empty buildings, a study carried out for ministers said.”

The report raises several questions. Firstly, if Lansley’s reforms were a mistake, that doesn’t mean Cameron and Osborne would have proposed anything better. Tories are almost universally dedicated to the end of the National Health Service and the worsening of working-class health.

Secondly, if David Cameron did not understand Lansley’s plans, why did he allow them to go through? As Prime Minister, he is responsible for the activities of his government and a lack of comprehension indicates that he is not fit for the role – and never was. Is it possible that Cameron was swayed by the fact that Lansley was his mentor at the Conservative Research Department and he thought he owed a favour?

Thirdly, if Gideon didn’t spot it, what does that say about his abilities as Guardian of the Public Purse? (Actually, here’s a link to an article about his abilities in this regard. Read it and weep, George!)

Finally, and perhaps most importantly: How did the government let the NHS fall into this terrible condition? For the answer, we have to go back, again, to the Coalition Agreement.

22. NHS

The Government believes that the NHS is an important expression of our national values [From this we may conclude that the Tories (and their little LD friends) decided to change the NHS and make it reflect their values]. We are committed to an NHS that is free at the point of use and available to everyone based on need, not the ability to pay [Fail]. We want to free NHS staff from political micromanagement [Fail], increase democratic participation in the NHS [Fail] and make the NHS more accountable to the patients that it serves [Fail]. That way we will drive up standards, support professional responsibility, deliver better value for money and create a healthier nation [Fail].

  • We will guarantee that health spending increases in real terms in each year of the Parliament, while recognising the impact this decision will have on other departments  [Vox Political has just spent several weeks demonstrating to the BBC that this has not happened].
  • We will stop the top-down reorganisations of the NHS that have got in the way of patient care. We are committed to reducing duplication and the resources spent on administration, and diverting these resources back to front-line care [Andrew Lansley’s Health and Social Care Act 2012 was the largest top-down reorganisation ever imposed on the National Health Service. It was also gibberish (as top Tories now concede) and has cost the service more money than it could ever hope to save].
  • We will significantly cut the number of health quangos [Clinical Commissioning Groups are quangos – so in fact it seems likely the number has increased].
  • We will cut the cost of NHS administration by a third and transfer resources to support doctors and nurses on the front line.
  • We will stop the centrally dictated closure of A&E and maternity wards, so that people have better access to local services [The Coalition government has never – let’s have that again: NEVER – refused permission for a plan to close A&E wards].
  • We will strengthen the power of GPs as patients’ expert guides through the health system by enabling them to commission care on their behalf [This refers, again, to CCGs. In fact, overworked GPs do not have time to plan and commission services, and have handed responsibility over, in most cases, to private health companies. This has opened the way for a huge amount of corruption, as these companies may commission services from themselves. More than one-third of doctors who are board members of CCGs have financial interests in private healthcare (NHS SOS, p 5].
  • We will ensure that there is a stronger voice for patients locally through directly elected individuals on the boards of their local primary care trust (PCT). The remainder of the PCT’s board will be appointed by the relevant local authority or authorities, and the Chief Executive and principal officers will be appointed by the Secretary of State on the advice of the new independent NHS board. This will ensure the right balance between locally accountable individuals and technical expertise.
  • The local PCT will act as a champion for patients and commission those residual services that are best undertaken at a wider level, rather than directly by GPs [Fail. This hasn’t happened]. It will also take responsibility for improving public health for people in their area, working closely with the local authority and other local organisations [Fail].
  • If a local authority has concerns about a significant proposed closure of local services, for example an A&E department, it will have the right to challenge health organisations, and refer the case to the Independent Reconfiguration Panel. The Panel would then provide advice to the Secretary of State for Health [Fail. The right to challenge seems to have been introduced but has been ineffective].
  • We will give every patient the right to choose to register with the GP they want, without being restricted by where they live [Fail. In fact, the Coalition has given GPs – or rather, CCGs – the right to choose the patients they want, meaning they can exclude patients with expensive, long-term conditions. This has an effect on the promise to provide care to everyone that is free at the point of use, of course].
  • We will develop a 24/7 urgent care service in every area of England, including GP out-of-hours services, and ensure every patient can access a local GP [Fail, for reasons indicated above]. We will make care more accessible by introducing a single number for every kind of urgent care and by using technology to help people communicate with their doctors [The service was launched in 2013 and was a complete and utter failure – it could not cope with demand on any level].
  • We will renegotiate the GP contract and incentivise ways of improving access to primary care in disadvantaged areas.
  • We will make the NHS work better by extending best practice on improving discharge from hospital, maximising the number of day care operations, reducing delays prior to operations, and where possible enabling community access to care and treatments.
  • We will help elderly people live at home for longer through solutions such as home adaptations and community support programmes.
  • We will prioritise dementia research within the health research and development budget.
  • We will seek to stop foreign healthcare professionals working in the NHS unless they have passed robust language and competence tests.
  • Doctors and nurses need to be able to use their professional judgement about what is right for patients and we will support this by giving front-line staff more control of their working environment.
  • We will strengthen the role of the Care Quality Commission so it becomes an effective quality inspectorate [The CQC has been rocked by the revelations of one cover-up after another, involving physical and psychological abuse of clients]. We will develop Monitor into an economic regulator that will oversee aspects of access, competition and price-setting in the NHS [Monitor has been turned into the enforcer of the government’s privatisation initiative].
  • We will establish an independent NHS board to allocate resources and provide commissioning guidelines [This is NHS England, which now takes decisions that would once have been in the hands of doctors. It can intervene in the running of any CCG, forcing changes where they don’t fall into line. It rigidly enforces spending limits].
  • We will enable patients to rate hospitals and doctors according to the quality of care they received, and we will require hospitals to be open about mistakes and always tell patients if something has gone wrong.
  • We will measure our success on the health results that really matter – such as improving cancer and stroke survival rates or reducing hospital infections.
  • We will publish detailed data about the performance of healthcare providers online, so everyone will know who is providing a good service and who is falling behind.
  • We will put patients in charge of making decisions about their care, including control of their health records [Jeremy Hunt wanted to sell your health records to private companies. Although the scheme was put on hold in February 2014, it seems to be running now. Your health records may already be in the hands of private companies].
  • We will create a Cancer Drugs Fund to enable patients to access the cancer drugs their doctors think will help them, paid for using money saved by the NHS through our pledge to stop the rise in Employer National Insurance contributions from April 2011.
  • We will reform NICE and move to a system of value-based pricing, so that all patients can access the drugs and treatments their doctors think they need.
  • We will introduce a new dentistry contract that will focus on achieving good dental health and increasing access to NHS dentistry, with an additional focus on the oral health of schoolchildren.
  • We will provide £10 million a year beyond 2011 from within the budget of the Department of Health to support children’s hospices in their vital work. And so that proper support for the most sick children and adults can continue in the setting of their choice, we will introduce a new per-patient funding system for all hospices and providers of palliative care.
  • We will encourage NHS organisations to work better with their local police forces to clamp down on anyone who is aggressive and abusive to staff.
  • We are committed to the continuous improvement of the quality of services to patients, and to achieving this through much greater involvement of independent and voluntary providers [Fail. The introduction of independent (read: private companies) and voluntary providers has been a costly disaster].
  • We will give every patient the power to choose any healthcare provider that meets NHS standards, within NHS prices. This includes independent, voluntary and community sector providers [Not true. The patient never has a choice].

The comments (in bold, above) relate only to a few of the calamities that have been forced on the NHS by the Coalition government (you may be aware of others) – and it is important to add that these took place only in England, where the Coalition has control. Health in Scotland, Wales and Northern Ireland is a devolved responsibility but the Tories and Liberal Democrats have tried to influence the provision of services by restricting the amount of money available to the other countries of the UK.

In addition, fears are high that the proposed Transatlantic Trade and Investment Partnership between the European Union and the United States of America will “lock in” the privatisation of health services, as corporations will be allowed to sue national governments if they impose changes that would affect a company’s profits. These claims have been rubbished by the European Commission and Tory ministers – but they would, wouldn’t they?

In summary: The last four and a half years have witnessed a sustained attack on the National Health Service in the United Kingdom, by a government that won most of its votes on a claim that it would protect and strengthen that organisation. It was a lie that has caused misery for millions – and is likely to have cost many, many lives.

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Will you give British sovereignty to a foreign business?

[Image: The Guardian]

[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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Cometh the hour, time for a party

140505UPIP

A new political party has been launched – on International Workers’ Day – to represent the interests of people whose opportunities in life have been restricted because they earn low wages.

The Underpaid People’s Independence Party – UPIP – will campaign for better pay, better rights and a better say on behalf of all those who currently earn less than they need in order to pay their own way.

The new party has announced several policies already:

  • A living wage for every working person, ensuring that the overburdened benefit system does not subsidise greedy corporations
  • A guaranteed ‘income floor’ for all British citizens, ensuring that those who do not work because of illness or unemployment are able to live with dignity
  • The guarantee of employee benefits including sick pay, holiday rights and both lower and upper limits on the number of hours worked
  • Strengthened – and rigorously-enforced – health and safety regulations for all workplaces, to limit the number of workplace-related illnesses and disabilities
  • An end to corrupt ‘workfare’, ‘work programme’ or ‘mandatory work activity’ schemes that allow governments to collude with corporations in forcing citizens to work for no payment other than benefits that are subsidised by other working people
  • Tax incentives to encourage all companies to transform into co-operatives, with responsibilities and profits shared among the entire workforce

UPIP founder Nobby Fulsom, a former mineworker, said Britain’s hardworking poor had suffered for too long under neoliberal profiteers, and the time had come for a party they could all enjoy.

“I have stayed underground for too long; now is the time for working people to stand tall,” he said.

But he admitted: “It is too late for us to field any candidates in the European election.

“If we could, we would be opposing the Transatlantic Trade and Investment Partnership that would push workers on both sides of the Atlantic into ever-worsening conditions of employment.

“Europe should be pushing for an agreement that will guarantee the best possible conditions for all workers. The fact that the EU doesn’t seem interested in supporting its constituents poses questions about its own role, and that is why we support a top-down reorganisation of the European Union, with authority granted to nobody unless they can prove they started their careers at the lowest level and worked their way up, rather than just walking in from a position of privilege.”

Mr Fulsom said it was not true that members of UPIP had been posting anti-corporatist Tweets on the internet, nor had they been targeting members of the aristocracy with derogatory remarks.

“UPIP is an inclusive party,” he said. We believe in uniting people – not in the divisive rhetoric of the Coalition government or certain minority parties with similar initials to our own.

“Any corporate executive who is willing to turn his organisation into a co-operative is welcome to join us, as is anyone from a family of wealth who accepts that the people who made that cash for them are entitled to the opportunities they and their forebears enjoyed.”

He added: “We don’t want much, but what we want is fair – for everybody, not just those with a private education and independent wealth.”

Undoubtedly, UPIP will have a great deal to say about the current election campaign and the future direction of British politics.

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Labour must turn and fight now – or give up its electoral hopes altogether

Struggling to make an impact: Ed Miliband must reject the Tory Party's narrative about the need for austerity and bring forward a vision for the future that really does make us 'One Nation' again, rather than hanging on David Cameron's neoliberal coat-tails, as many former Labour voters believe.

Struggling to make an impact: Ed Miliband must reject the Tory Party’s narrative about the need for austerity and bring forward a vision for the future that really does make us ‘One Nation’ again, rather than hanging on David Cameron’s neoliberal coat-tails, as many former Labour voters believe.

The political debate is all about the Labour Party again today – as it has been since the Budget.

The newspapers and websites are full of advice for the party, which is now clearly seen to be struggling to gain any kind of a foothold with electors who have become disillusioned at what might best be called the Party of Very Little Opposition.

Labour “must adopt new principles” according to an alliance of thinktanks and party intellectuals who have written to The Guardian; Ed Miliband has been told “don’t play safe” with the party’s manifesto according to an article on the same paper’s site.

The BBC News site has words from left-wing MP John Mann, calling on his party leader to stop trying to be “too clever” and be “much clearer” in setting out his policies.

We can probably discount the Telegraph article by Dan Hodges, claiming that Labour is “closed for business”. It plays to right-wing readers’ prejudices just a little too much.

Will Ed pay any attention to these pleas? Evidence suggests he will not.

I should clarify from the outset that, as a Labour member, I want the Party to win in 2015 (and also to gain the lion’s share of the vote in May’s European elections).

But Miliband seems to be living in a world of his own, insulated from the rest of the Labour Party – not to mention supporters of Labour ideals who are not members – by a small group of (not-so-special) advisers who, it’s claimed, intercept any decent ideas before they get to the party leader and spin them until they turn to drivel. Whether this is true or not seems immaterial as this is the perception of the general public.

And perception is everything.

As I write this article I have just received a comment stating that “Miliband’s strategy for the next election seems to be a) to accept the Tory frame of reference for any given argument and b) to then concede the field of battle on that issue, whatever it is, without a shot being fired.” This is a common complaint, and Labour has no answer to it.

Why do Miliband, Balls, Tristram Hunt (notably), Rachel Reeves (lamentably) and all the other Labour frontbenchers blithely accept the Coalition’s terms of reference on any issue, against the wishes of their own backbenchers, their party as a whole and the public at large?

Are they really just a gang of greedy moneygrubbers, determined to screw the country for whatever they can get? That in itself would be a betrayal of Labour Party ideals and their constituency parties should deselect them if members believed that to be the case for one moment.

Are they a gang of neoliberals, their political philosophy so close to that of the Conservatives that you can’t get a credit card between them? This rings threateningly true in the cases of Oxford PPE graduats Ed Balls and Yvette Cooper, ex-Bank of England employee Rachel Reeves and Tristram Hunt. But Ed Miliband is (famously) the son of a Marxist. He, above all, should know better.

The trouble is, David Miliband is the son of the same Marxist and he was as much a part of the neoliberal New Labour Red Tory deception as Tony Blair and Gordon Brown.

Oh look – another comment has just arrived. “More people don’t bother to vote because they feel that we as a people have moved on and all we really want is people who will represent us honestly, by majority and with no hidden agendas, backhanders or lobbyists pulling the strings. I don’t see any evidence that the present government or the Labour Party are capable or willing to do just that… They should have the courage to change and become the voice of the people.”

Become the voice of the people. The meaning is clear – Labour is not currently representing anybody at all.

Is this true? Let’s look at some of the other comments on my (left-leaning, let’s not forget) blog. These are from people who are generally sympathetic to Socialism and who should, therefore, see Labour as the natural home of their vote. What do they say?

“[Is it] any wonder [that] 1. People don’t vote because they are seen as “all the bloody same”? and 2. The perceived differences have become so minuscule?”

“Until Labour wakes up and realises it is the welfare cuts that are a major concern to most of us and to anyone who has a conscience, they will lose the next election due to apathy.”

“Labour have to do something different to what they have up to now but they don’t seem to want to. Are they scared of being in government over a country in the state it is?”

“Labour have had four years to do something – anything – to fight against the welfare cuts, and to help the people they are supposed to be the party for! They’ve really done nothing when all is said and done.”

If Ed Miliband was reading this, I would be asking if he was getting the message yet (are you, Ed?) and what he proposes to do about it. You think not? Let’s have some more comments from people who should be supporting Labour – I’ve got plenty of them!

“There has been absolutely no fight in this opposition and I am ashamed of them.”

“People need a reason to apply their votes to Labour and Miliband-Balls are not providing them with one. They are sleepwalking into another hung Parliament and a very real risk of the Tories teaming up with UKIP. Then we’ll really see Nazism grip this country.”

“The would-be voters demand change and need bold new policies to blunt the Tory cutters. If the Labour Party cannot come up with policies which are radical then they don’t deserve to be in power at the next election, or ever.”

“Ed Balls worries me because he seems intent on copycatting Osborne. For example Osborne says he will run a surplus by the end of the next Parliament and Balls promises the same. Osborne say he will be introducing a Benefit Cap on social security spending on working age benefits (which could have devastating effects and lead to real terms cuts in benefits for years on end) and Balls says that Labour will vote with the Coalition to introduce it.”

“Surely we need some clear red water between Labour and the Tories? Surely Labour needs to differentiate itself more from the policies of the Coalition?”

“I sent an email to the Labour Party asking for its policy on TTIP (the rightly-feared Transatlantic Trade and Investment Partnership that will force employment standards down to third-world levels, or below), amongst other things. They were decidedly equivocal and I felt no reassurance at all. I think it’s about we faced facts, Labour aren’t being coy in a pre-election year to avoid frightening the horses, they really are just another pack of neoliberals.”

This is how left-wing voters (and the squeezed-middle waverers to whom Ed Miliband keeps trying to pander) see the modern Labour Party: Carbon-copy Tories with no fresh ideas who aren’t worth the effort of voting.

If any of Ed’s shadow cabinet is okay with that description, he needs to sack them and bring in someone with a clue. And he needed to do it last year.

If the Conservatives win in 2015, it seems clear that responsibility will lie as much with Labour’s failure to provide any clearly-visible alternative.

We have already seen carnage inflicted on the poor, the sick and disabled, and a Conservative-only government (or in collaboration withUKIP) would increase that bloodshed tenfold (senior citizens take note: the bribe you were given last week was a trick and if you vote Conservative, many of you will not live to rectify your error at another election).

Unless Ed Miliband sorts out his party – pronto – that blood will be on his hands as well, and the people will not forgive him.

Note that I did not say they won’t forgive Labour. I said they won’t forgive Ed Miliband.

Words cannot describe the way people feel at what has been done to them by the Coalition. If Labour reveals even the slightest element of complicity, I wouldn’t give a farthing for Miliband’s safety.

That goes for the rest of the shadow cabinet too.

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Public consultation on anti-democratic trade deal – a sham?

140115TTIP

The European Union’s trade commissioner, Karel De Gucht, reckons he’s going to consult the public over the controversional Transatlantic Trade and Investment Partnership – the EU/US free trade agreement.

He says he is determined to strike the right balance between protecting EU firms’ investment interests and upholding governments’ right to regulate in the public interest.

Bear in mind, this is for the investment part of the deal, which includes investment protection and the red-hot disputed subject of investor-to-state dispute settlement, where firms would be allowed to sue governments if regulations got in the way of their profits, as the deal currently stands.

A proposed text for the investment part of the talks will be published in early March.

“Governments must always be free to regulate so they can protect people and the environment. But they must also find the right balance and treat investors fairly, so they can attract investment,” said Mr De Gucht.

“Some existing arrangements have caused problems in practice, allowing companies to exploit loopholes where the legal text has been vague.

“I know some people in Europe have genuine concerns about this part of the EU-US deal. Now I want them to have their say… TTIP will firmly uphold EU member states’ right to regulate in the public interest.”

Do you believe him?

The European Commission wants to use TTIP to improve provisions already in place that protect investments by EU-based companies in the US, and vice versa.

In practice, we are told, there would be a require for this protection to defer to states’ right to regulate in the public’s interest.

There would also be new and improved rules, including a code of conduct, to ensure arbitrators are chosen fairly and act impartially, and to open up their proceedings to the public. This comes after significant unrest about arbitrators being chosen exclusively from big business, with a natural bias towards the interests of their employers.

It seems “no other part of the negotiations is affected by this public consultation and the TTIP negotiations will continue as planned”.

Is this the only part of the deal that affects the public interest, then?

I don’t know. The TTIP negotiations have been shrouded in mystery since they began last June. Can anyone outside the talks – and those taking part are sworn to secrecy – say they are an expert?

Since the talks began, the Commission has held three rounds of consultations with stakeholders – big businesses operating in both Europe and the USA “to gather the views and wishes of the public and interested parties across Europe”, it says here.

“The Commission has also done public consultations before the start of the TTIP negotiations.” Have you taken part in any such negotiations?

The rationale behind the talks is that the EU is the world’s largest foreign direct investor and the biggest recipient of foreign direct investment (FDI) in the world, so it must ensure that EU companies are well-protected when they invest in countries outside the EU. This involves reciprocal agreements to protect foreign companies.

“Investment is essential for growth, for jobs and for creating the wealth that pays for our public services, our schools, our hospitals and our pensions,” the argument goes. But who gets the wealth? The people who work to make it – whose living and working conditions are likely to be reduced dramatically to lowest-common-denominator terms? Or the company bosses who are ironing out the terms of this agreement while most of us are being told to look the other way?

Let’s look at an example of this in action. According to OpenDemocracy.net, the TTIP talks “could see England’s NHS tied into a privatised model semi-permanently.

“A US/EU Free Trade Agreement… will ‘dismantle hurdles to trade in goods, services and investment’ and ‘make regulations and standards compatible on both sides’.

“The EU has already stated that ‘certain “sensitive” sectors will require more negotiation’ but that ‘no sectors would be excluded from the deal completely’. David Cameron has stated such an agreement is one of his key aims during the UK’s leadership of the G8 group this year.

“The Health and Social Care Act’s Section 75 is an example of legislation guided by the principles of this overarching trade agreement. It breaks the NHS up into little parcels (the CCGs) that must offer their contracts to any willing provider. If a private provider feels they have been unfairly excluded from a contract, they can use Section 75 to take legal action… This legislation may have been written specifically to pave the way for international free trade involving the NHS.

“The idea [is] that the Health and Social Care Act was developed to allow foreign transnational corporations to profit from NHS privatisation.

“Even worse is the idea that, once passed, an international trade agreement will leave us irreversibly committed to privatising the NHS. Even with a change of government and the repeal of the Act, we’d be facing the insurmountable obstacle of international competition laws.”

The article demands that the government must be clear with the public – will our health service be opened to multinational business as part of this trade agreement?

Leftie politics sheet the New Statesman agrees: “This will open the floodgates for private healthcare providers that have made dizzying levels of profits from healthcare in the United States, while lobbying furiously against any attempts by President Obama to provide free care for people living in poverty. With the help of the Conservative government and soon the EU, these companies will soon be let loose, freed to do the same in Britain.

“The agreement will provide a legal heavy hand to the corporations seeking to grind down the health service. It will act as a Transatlantic bridge between the Health and Social Care Act in the UK, which forces the NHS to compete for contracts, and the private companies in the US eager to take it on for their own gain.

“It gives the act international legal backing and sets the whole shift to privatisation in stone because once it is made law, it will be irreversible.

“Once these ISDS tools are in place, lucrative contracts will be underwritten, even where a private provider is failing patients and the CCG wants a contract cancelled. In this case, the provider will be able to sue a CCG for future loss of earnings, causing the loss of vast sums of taxpayer money on legal and administrative costs.

“Even more worrying is that, once the TTIP is enacted, repealing the Health and Social Care Act in the UK will become almost impossible.”

The public has the democratic right to contest the agreement, and fight for a health service that protects them, the Statesman says, “but how can they when MEPs do nothing to inform opinion or gather support back home? The NHS is in a very precarious position. It seems that soon, with the help of Brussels, its fate will be sealed.”

Would you like your MEP to speak up for you – in other words, to do what he or she was elected to do and actually represent your interests? Then why not get in touch and ask why they’ve been so quiet about this for so long? It’s easy – you can find their contact details here.

The EU has released a ‘factsheet’ summarising how it would like you to understand changes to existing investment protection rules and the ISDS system.

The previous Vox Political article about TTIP is here.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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