Author: Kitty S Jones

I’m a political activist with a strong interest in human rights. I’m also a strongly principled socialist. Much of my campaign work is in support of people with disability. I am also disabled: I have an autoimmune illness called lupus, with a sometimes life-threatening complication – a bleeding disorder called thrombocytopenia. Sometimes I long to go back to being the person I was before 2010. The Coalition claimed that the last government left a “mess”, but I remember being very well-sheltered from the consequences of the global banking crisis by the last government – enough to flourish and be myself. Now many of us are finding that our potential as human beings is being damaged and stifled because we are essentially focused on a struggle to survive, at a time of austerity cuts and welfare “reforms”. Maslow was right about basic needs and motivation: it’s impossible to achieve and fulfil our potential if we cannot meet our most fundamental survival needs adequately. What kind of government inflicts a framework of punishment via its policies on disadvantaged citizens? This is a government that tells us with a straight face that taking income from poor people will "incentivise" and "help" them into work. I have yet to hear of a case when a poor person was relieved of their poverty by being made even more poor. The Tories like hierarchical ranking in terms status and human worth. They like to decide who is “deserving” and “undeserving” of political consideration and inclusion. They like to impose an artificial framework of previously debunked Social Darwinism: a Tory rhetoric of division, where some people matter more than others. How do we, as conscientious campaigners, help the wider public see that there are no divisions based on some moral measurement, or character-type: there are simply people struggling and suffering in poverty, who are being dehumanised by a callous, vindictive Tory government that believes, and always has, that the only token of our human worth is wealth? Governments and all parties on the right have a terrible tradition of scapegoating those least able to fight back, blaming the powerless for all of the shortcomings of right-wing policies. The media have been complicit in this process, making “others” responsible for the consequences of Tory-led policies, yet these cruelly dehumanised social groups are the targeted casualties of those policies. I set up, and administrate support groups for ill and disabled people, those going through the disability benefits process, and provide support for many people being adversely affected by the terrible, cruel and distressing consequences of the Governments’ draconian “reforms”. In such bleak times, we tend to find that the only thing we really have of value is each other. It’s always worth remembering that none of us are alone. I don’t write because I enjoy it: most of the topics I post are depressing to research, and there’s an element of constantly having to face and reflect the relentless worst of current socio-political events. Nor do I get paid for articles and I’m not remotely famous. I’m an ordinary, struggling disabled person. But I am accurate, insightful and reflective, I can research and I can analyse. I write because I feel I must. To reflect what is happening, and to try and raise public awareness of the impact of Tory policies, especially on the most vulnerable and poorest citizens. Because we need this to change. All of us, regardless of whether or not you are currently affected by cuts, because the persecution and harm currently being inflicted on others taints us all as a society. I feel that the mainstream media has become increasingly unreliable over the past five years, reflecting a triumph for the dominant narrative of ultra social conservatism and neoliberalism. We certainly need to challenge this and re-frame the presented debates, too. The media tend to set the agenda and establish priorities, which often divert us from much more pressing social issues. Independent bloggers have a role as witnesses; recording events and experiences, gathering evidence, insights and truths that are accessible to as many people and organisations as possible. We have an undemocratic media and a government that reflect the interests of a minority – the wealthy and powerful 1%. We must constantly challenge that. Authoritarian Governments arise and flourish when a population disengages from political processes, and becomes passive, conformist and alienated from fundamental decision-making. I’m not a writer that aims for being popular or one that seeks agreement from an audience. But I do hope that my work finds resonance with people reading it. I’ve been labelled “controversial” on more than one occasion, and a “scaremonger.” But regardless of agreement, if any of my work inspires critical thinking, and invites reasoned debate, well, that’s good enough for me. “To remain silent and indifferent is the greatest sin of all” – Elie Wiesel I write to raise awareness, share information and to inspire and promote positive change where I can. I’ve never been able to be indifferent. We need to unite in the face of a government that is purposefully sowing seeds of division. Every human life has equal worth. We all deserve dignity and democratic inclusion. If we want to see positive social change, we also have to be the change we want to see. That means treating each other with equal respect and moving out of the Tory framework of ranks, counts and social taxonomy. We have to rebuild solidarity in the face of deliberate political attempts to undermine it. Divide and rule was always a Tory strategy. We need to fight back. This is an authoritarian government that is hell-bent on destroying all of the gains of our post-war settlement: dismantling the institutions, public services, civil rights and eroding the democratic norms that made the UK a developed, civilised and civilising country. Like many others, I do what I can, when I can, and in my own way. This blog is one way of reaching people. Please help me to reach more by sharing posts. Thanks. Kitty, 2012

Devastating blow to Grayling as judges halt his legal aid reform

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Originally posted on politics.co.uk July 15th, 2014.

Chris Grayling was prevented from turning legal aid into “an instrument of discrimination” today, after three judges found his reforms to be unlawful.

In a devastating judgement which could bring the residency test requirements to a halt, the judges found the lord chancellor had radically overstepped the proper limits of his powers and was trying to create a discriminatory legal system which was incompatible with equality under the law.

“Using powers that were never his to exercise, the lord chancellor has attempted to refashion  the legal aid scheme  into an instrument of discrimination  so that many of the cases parliament  itself identified as most worthy of  support  could never be taken,” John Halford of legal firm Bindmans, which fought the case, said.

“The court’s judgement on that attempt is emphatic: it is simply unacceptable in a country where all are equal in the eyes of the law.

“Legal aid is, and must remain, the means to safeguard equality in our courts, regardless of people’s origins, nationality or place of residence.”

Grayling’s proposed reforms would have banned anyone who had been in the UK for less than a year from receiving legal aid.

Critics warned the proposals would prevent some of the most vulnerable people in society from legal protection.

The judges imagined the case of a severely learning disabled adult, who had been “forced to live in a dog kennel outside the house, had been beaten regularly by his brother and mother, and starved over an extensive period of time”. Under Grayling’s plans, he would have been denied legal aid.

Individuals who were resident abroad who had been subject to “serious abuses” at the hand of British armed forces would also be denied legal aid.

The joint human rights committee recently warned the reforms were illegal under international law and called on the lord chancellor to exclude children from its provisions, but he refused to budge. There were also concerns it could strip trafficked women and domestic abuse survivors of legal protection.

Today’s judgement is a much bigger problem for Grayling however, because it found he exceeded his statutory powers when devising it.

The court found that regulations made under an act of parliament must be consistent with the policy and object of the act.

But it concluded that the Legal Aid Sentencing and Punishment of Offenders Act 2012 was intended to prioritise legal aid to the cases of greatest need, while Grayling’s reforms would have had the opposite effect.

And in an even more devastating passage, the judges found it to be discriminatory.

While they accepted that the government was entitled to act in a discriminatory manner on policy areas such as welfare, it could not do so when the issue in question was equality before the law, because it is a fundamental cornerstone of Britain’s system of government.

“It is and was beyond question that the introduction of such a test was discriminatory. Indeed, that is its declared purpose,” the ruling reads.

“Within the system provided in schedule 1 of the Legal Aid Act, the United Kingdom is not permitted to discriminate against non-residents on the grounds that to do so might save costs.

“Certainly it is not possible to justify such discrimination in an area where all are equally subject to the law, resident or not, and equally entitled to its protection, resident or not.

“In my judgement, a residence test cannot be justified in relation to the enforcement of domestic law or the protection afforded by domestic law, which is applicable to all equally, provided they are within its jurisdiction.

“In the context of a discriminatory provision relating to legal assistance, invoking public confidence amounts to little more than reliance on public prejudice.”

Jo Hickman of the Public Law Project, a small legal charity which worked on the test case with Bindmans, said: “We are heartened by this judgment, which embodies and articulates the finest traditions of our justice system and provides a timely illustration of the importance of judicial review as a check on unlawful executive action.”

Shadow justice minister Andy Slaughter, who spearheaded the parliamentary resistance to the move, celebrated the ruling.

“The Labour party have always maintained that David Cameron’s residence test would unfairly penalise the vulnerable, which is why we voted against it last week,” he commented.

“We welcome the court’s judgement and hope that the government move quickly to drop these unlawful measures.”

The Ministry of Justice has said it will appeal the ruling.

See also:

‘Unauthorised, discriminatory and impossible to justify’ – the Divisional Court gives judgement on the Lord Chancellor’s civil legal aid residence test – details of summary and full judgement.

The Coming Tyranny and the Legal Aid Bill.

The Government’s Legal Aid Cuts Are Leaving Vulnerable People With Nowhere to Turn

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 Many thanks to Robert Livingstone for the excellent illustrations

Update:

“The lord chancellor himself, Coppel added, “got personally involved in this process and … caused much of the unfairness in these decisions … The claimants have a right to expect procedural fairness. What they got was a caricature of fairness: empty assurances, bluff and bully, divide and rule, fronted by a senior member of the government.” –  from the Guardian: Chris Grayling used ‘bluff and bully’ tactics to push legal aid cuts, court is told, during Judicial Review

Ministers humiliated over cumulative impact assessment

thelovelywibblywobblyoldlady's avatarThe lovely wibbly wobbly old lady

Reposted from John Pring@ Disability News Service


Work and pensions ministers are facing acute embarrassment after losing their main excuse for refusing to assess the overall impact of their welfare cuts and reforms on disabled people.

Ministers have repeatedly insisted that such a cumulative impact assessment (CIA) would be too difficult and the results would be meaningless.

To defend their position, they repeatedly claimed that this view was shared by the “authoritative” Institute for Fiscal Studies (IFS).

But this week – in a humiliating reversal for the Department for Work and Pensions (DWP) – IFS published research which included just such an analysis, which looked at the impact of 35 benefit and tax changes on disabled people.

It was included in an updated IFS report on the “distributional effects of the UK government’s tax and welfare reforms in Wales since the coalition came to power in 2010.

Once…

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Black Propaganda

71915_457283111007889_61730291_n During a universal credit debate in the House of Commons, the Labour MP, Glenda Jackson, responded to the news that Sir Bob Kerslake had informed the Public Accounts Committee that the business case for universal credit had still not been signed off by the Treasury, despite an assurance from DWP minister Esther McVey that it had, with:

“I would hope every member of this House, would be shocked to realise that the DWP is still not giving the right answers – it is ludicrous to expect the right answer to come from the Department of Work and Pensions, as simple humility is not part and parcel of its make-up.

“The committees and government departments that scrutinise where public money goes are being pushed to one side. I have already referred to the bunker mentality of the DWP, and the example that my right hon. Friend gives me is just par for the course; it happens constantly. Arguments are not even being put up.

“We are all being told, ‘Oh no, it’s none of your business; it’s our business’. There is a pattern, which I find very disturbing. I have already touched on the issue of disregarding any serious questioning on costs. Ever since this major benefit change came into being, the Department has employed what I would call a programme of black propaganda, and every single one of the red tops has taken it up with glee and run with it.

“That black propaganda told the people of this country – I am paraphrasing; the DWP would never be this cogent – that everyone who was claiming benefits was doing so because they were too lazy to work. Nothing could be further from the truth. I have already touched on the agonies that are being endured by people with serious mental and physical disabilities, and the pattern is ongoing.

“A report from the Office for National Statistics last week scrutinised the level of complaints made against all the government departments about the misuse of statistics, and guess which one came top of the list! It was the Department for Work and Pensions. Throughout the time I have been a member of the select committee, we have raised again and again the issue of the misuse of statistics and the misuse of the English language to proselytise this black propaganda and to confuse and distort what should be central to the committee’s concerns – namely, the well-being of the people who require benefits, not because they are lazy or workshy, or even because there are no jobs, but because they should be supported by the people of this country, as they always have been.”

Black propaganda is generally associated with covert psychological operations. It involves the use of false information and material that purports to be from a source on one side of a conflict, but is actually from the opposing side. In this case it was from the supposedly politically neutral media. (You can stop laughing now). The purpose of black propaganda has been described as the “disruption of the enemy’s will and power to fight on”.

It is typically used to vilify, embarrass or misrepresent the opposition. As such, black propaganda may be defined by the reason that it’s released, the intent behind it, and the crucial element of appearing completely credible. Social media also carries the potential for anonymity, and recently there have been many cases where accounts have been exposed as fake and deliberately designed for political purposes.

Such accounts operate very much in the black propaganda mould that was seen throughout the First and Second World Wars, deceptive propaganda that was issued under one guise but emanated from another source. Censorship also lends to such manufactured epistemological fascism by preventing information from being disseminated. It’s quite often the case that only when people actually hit the brick wall do we realise our freedom is being curtailed. That’s because we are constantly diverted from the boundaries: a line which marks the limits of an area. “News” has very clearly been demarcated from truth.

Yesterday Tom Chivers published an entirely speculative Telegraph blog –  The ‘10,600 people died within six weeks of being declared fit to work by Atos’ stat is simply wrong.

He says: “I asked if the DWP has any records of how many people did in fact die after  their claim ended, but they said they didn’t keep those figures. It would be absolutely amazing, though, if they made up more than the tiniest fraction of that 10,600 figure.”

“I’ve seen this reported all over Twitter as “10,600 people died within six weeks of being found fit to work by Atos”. There’s a pic going around, which purports to show a white flower for each person who died“:

Br25fFTIYAAC8P9Well no, Tom, the picture DOES show a white flower for each person who has died, many of them were placed or requested by the bereaved. Furthermore, there are no grounds whatsoever for assuming those deaths took place prior to those peoples’ benefit being stopped.

Nonetheless, Chivers says: “What that means is that the large, presumably overwhelming, majority of those 10,600 people died, and then their claims ended because they were dead

Someone ought to explain to Tom that simply making a claim isn’t actually “debunking” anything. It’s simply making a claim.

And there are absolutely no reasonable grounds whatsoever for that claim.

I made a statistical cross comparison of deaths, using the same Department for Work and Pensions Freedom Of Information (FOI) request as Tom Chivers, though my analysis was undertaken last year, I found that the FOI yielded a response showing that people having their claim for Employment Support Allowance (ESA) stopped, between October 2010 and November 2011, with a recorded date of death within six weeks of that claim ceasing, who were until recently claiming Incapacity Benefit (IB) – and who were migrated onto ESA – totalled 310. Between January and November 2011, those having their ESA claim ended, with a recorded date of death within six weeks of that claim ending totalled 10,600.

This is a very substantial, significant statistical variation over a comparatively similar time scale (although the 10,600 deaths actually happened over a shorter time scale – by 3 months) that appears to be correlated with the type of benefit and, therefore, the differing eligibility criteria – the assessment process – as both population samples of claimants on ESA and IB contain little variation regarding the distribution in the cohorts in terms of severity of illness or disability. Bearing in mind that those who were successfully migrated to ESA from IB were assessed and deemed unfit for work, (under a different assessment process, originally) one would expect that the death rates would be similar to those who have only ever claimed ESA.

This is very clearly not the case. And we know that the ESA assessment process has actually excluded many seriously ill people from entitlement because of the media coverage of individual tragic cases, when a person deemed fit for work by Atos has died soon after the withdrawal of their lifeline benefit, and of course, such case studies and evidence informs Parliamentary debate, as well as the ongoing Work and Pension Committee inquiry into ESA, details of which may be found on the Hansard record.

Further evidence that very ill and disabled people have been excluded from an award of ESA may be found in the statistical outcomes of tribunals – there is a consistently very high success rate amongst those who have appealed Atos/DWP decisions, over that time period. Those on IB were not required to have continuous assessments, whereas those on ESA are constantly required to undergo the Work Capability Assessment.

Dr Steven Bick has indicated that there are targets to reduce the number of people who “qualify” for ESA payments, the WCA is unfairly and irrationally weighted towards finding people fit for work, often when it’s clearly not the case, so each assessment is simply an opportunity for the DWP to end claims. Many claimants have described a “revolving door” process of endless assessment, ceased ESA claim, (based on an outcome of almost invariably being wrongly “assessed” as fit for work), appeal, successful appeal outcome, benefit reinstated, only to find just 3 months later another assessment is required by the DWP.

The uncertainty and loss of even basic material security that this process creates, leading to constant fear and anxiety, is having a damaging, negative impact on the health and well-being of so many. A significant proportion of those required to have endless assessments have very obviously serious illnesses such as cancer, kidney failure, lung disease, heart disease, severe and life-threatening chronic conditions such as multiple sclerosis, lupus, myalgic encephalomyelitis, rheumatoid arthritis, brain tumours, severe heart conditions, and severe mental health illness, for example. To qualify for ESA, the person making a claim for lifeline support must provide a note from a doctor stating that the person is unfit for work.

There can be no justification for subjecting people who are so ill to further endless assessments, and to treating us as if we have done something wrong. Negative labelling, marginalising and stigmatising the most vulnerable citizens via propaganda in the media, using despiteful and malicious terms such as “workshy” and “feckless” is a major part of the Government’s malevolent “justification” for removing the lifeline of support from ill and disabled people. In addition to very justified anxieties regarding the marked increase in disability hate crime that the Tory-led propaganda campaign has resulted in, many ill and disabled people have also stated that they feel harassed and bullied by the Department for Work and Pensions and Atos.

Many talk of the dread they feel when they see the brown Atos envelope containing the ESA50 form arrive through the letter box. The strain of constantly fighting for ESA entitlement and perpetually having to prove that we are a “deserving” and “genuine” ill and disabled person is clearly taking a toll on so many people’s health and well being.

Many families of those who have died have said that the constant strain, anxiety and stress of this revolving door process has contributed significantly to their loved ones’ decline in health and subsequent death. The figures from the DWP, and the marked contrast between the ESA and IB death statistics certainly substantiate these claims. At a meeting in June 2012, British Medical Association doctors voted that the Work Capability Assessment (WCA) should be ended “with immediate effect and be replaced with a rigorous and safe system that does not cause avoidable harm to some of the weakest and vulnerable members in society”.

The vote has not been acknowledged by Atos or by the Government, although it was reported widely in the media at the time. On 22 May 2013, a landmark decision by the courts in a judicial review brought by two individuals with mental health problems ruled that the WCA is not fit for purpose, and that Atos assessments substantially disadvantage people with mental health conditions. Despite the ruling’s authoritative importance, the decision had a similar lack of real-world effect as it did not halt or slow down the WCA process: Atos and the DWP have ignored the judgement and its implications.

In mid-January 2012, there was a significant scandal as media were alerted to the fact that the WCA had found a man in a coma to be “fit for work”. Work Capability Assessments have found patients with brain damage, terminal cancer, severe multiple sclerosis, and Parkinson’s Disease to be fit for work. On 24 April 2013, a woman who was a double heart and lung transplant patient died in her hospital bed only days after she was told after a WCA that her allowance was being stopped and that she was fit for work.

In August 2011, twelve doctors working for Atos as disability assessors were placed under investigation by the General Medical Council because of allegations of misconduct in relation to their duty of care to patients. One doctor was forced to resign from Atos after being told to change a report about an individual, pointing out “the General Medical Council makes it clear that doctors must not change a report and risk being disciplined for unprofessional conduct if they do”.

Chivers doesn’t question why “this awful, impenetrably written Freedom of Information response” from July 2012 is so awfully written, he doesn’t question that the government department are not monitoring the consequences of their “reforms”, nor does he ponder the fact that the DWP have refused to respond to further FOIs. The government have not investigated those deaths, remarkably, and we really do need to ask why.

I am chronically ill and disabled, I have had two assessments since 2010 that were traumatic and led to a decline in my health and well-being. I co-manage a support group for people with disabilities claiming ESA and PIP, and I am FAR from alone in these experiences. Two members of that group died AFTER being told they were fit for work. One of those was a campaigner for disability rights and a friend – Karen Sherlock. We have a far more coherent, authentic and comprehensive account, framed in genuine shock, bewilderment, fear, anxiety and sorrow to offer, here, Mr Chivers.

This isn’t “debunking”: “It would be absolutely amazing, though, if they made up more than the tiniest fraction of that 10,600 figure.” This is NOT an analysis, Mr Chivers, or a well-reasoned judgement, it’s an enormously speculative proposition based on assumption. On the same logical grounds as the proposition you have attempted to challenge.

However, there is evidence that a substantial number of the deaths of ESA claimants happened after their claim was ended, after assessment. This was my initial response to the Telegraph article. And offer it I will, despite the fact that the Telegraph refused to publish my comment. And my responses from last night on Mr Chivers’ Twitter posts have also mysteriously vanished.

Samuel Miller @Hephaestus7 @suejone02063672 It’s a superlative piece and I sincerely hope that The Telegraph sees fit to publish it.@TenPercent 37m @suey2y @BendyGirl @TomChivers @Hephaestus7 I’ve pasted this from the Telegraph comments page:

Hold on, this is waiting to be approved by Telegraph Blogs.

I find it curious that whilst the DWP couldn’t state either way which side of a claim ending that the deaths happened, journalists and the government shrug the figures off, rather than actually INVESTIGATING the matter. I have lost 3 friends this past 2 years, who died just after being told they were fit for work, their lifeline support was ended. Families consistently report that it is the stress of the assessment, being told they are “fit to work”, and the fact that chronically ill people then have to fight for their support – which they have contributed to via taxes – that cause a further decline in their health, and that is leading to some people dying. It’s a well known fact that stress exacerbates health conditions.

Cases are being reported in the media. This is not a dry topic for one-sided speculation and denial, it’s a matter of life and death for some of us. Yet you trivialise this with speculative denial. Don’t the ill and disabled citizens of this country matter? WHY do you think the DWP don’t keep the details on record? Because IDS’s office does not want them on record. In a decent, civilised country, the government and the media would have given a shit and INVESTIGATED this properly.

Yet you make unsubstantiated, dismissive claims, rather than question. Aktion T4 involved secret killing of ill and disabled people by lethal injection, the method established for killing children. Pneumonia was often recorded as the cause of death. Denial of culpability. The method was soon considered too slow and inefficient for killing adults, who needed larger doses of increasingly scarce and expensive drugs and were more likely to need restraint. Hitler recommended to Brandt that carbon monoxide gas be used. At his trial, Brandt described this as a “major advance in medical history”.

Rather like the language our government uses such a “helping people into work” by cutting off their lifeline benefits – designed to meet only basic survival needs – and thus exacerbating their chronic health problems.(I’m comparing propaganda techniques and ideology here, not methods, policy is far more subtle and stealthy than lethal injection or gas.).

And many ARE dying as a result. I’ve been through the assessment process and know the strain it puts a person under. It’s a fact that such stress exacerbates illness. And the government know this. Finally, do you imagine that a government that does this means ill and disabled people well? There is NO indication that this government has the well-being of this country’s most vulnerable citizens as a priority. See: – https://kittysjones.wordpress.com/2014/06/19/clause-99-catch-22-state-sadism-and-silencing-the-vulnerable/. I will add that I correspond with MPs regarding the dire consequences of this governments’ policy, as a disability campaigner.

MPs, including Dennis Skinner, John McDonnell, Sheila Gilmore, Dame Anne Begg, and Glenda Jackson have raised concerns regarding the death statistics, meticulously citing the evidence of case studies, often from their own constituencies.

And qualitative accounts also matter. It’s about time the government and the complicit media stopped attempting to invalidate the experiences of  vulnerable citizens by the use of black propaganda. People’s terrible experiences of this governments’ “reforms” are real. This isn’t about abstract speculation regarding statistics: this is about very real experiences, real lives and real people being damaged and destroyed in a real world of real Tory policies. As well as via the use of early day motions (EDM) and adjournment debate, the many problems concerning the consequences of the welfare “reforms” are also addressed rigorously by the Work and Pensions Committee, through formal inquiries, (see Hansard record) which are also informed by the use of empirical evidence.

That’s because the real need to do so exists. 

Further reading:  Cross-party concerns raised in Parliament about Atos assessments, with evidence – presented cases studies of people who died AFTER their lifeline benefit was withdrawn – Atos comes under attack in emotional Commons debate

How many persons has Atos killed today? – Michael Meacher MPscroll2

Update, August 31st, 2014: Tom Chivers has consistently refused to consider the further evidence and rational commentary presented to him by many campaigners, and continues to trivialise this issue, and the pressing need for a genuine inquiry into ESA-related deaths.

“BBC Radio 4′s More or Less promised a feature on the long-discussed deaths of people claiming Employment and Support Allowance in its programme on Friday – and delivered five minutes of drivel that is an insult to the intelligence of anybody concerned.” From Mike Sivier – More or Less’ on the ESA deaths: MORE stupidity, LESS accuracy

Blame David Cameron for the catalogue of Conservative lies

Mike Sivier's avatarMike Sivier's blog

Don’t expect Conservative ministers to do the honourable thing when they are found to have misled Parliament – it turns out they have ‘previous’ (or is it ‘form’?) in this regard.

Take a look at the YouTube clip above. It is from an April, 1994 episode of Have I Got News For You and refers to Nicholas Scott, then a minister of state for social security, who ‘talked out’ a private members’ bill aiming to outlaw discrimination on grounds of disability.

On behalf of the Conservative government of the day, he made it his business to ensure that it would remain possible to discriminate against disabled people.

Asked if this was true, he denied it and – as the very young-looking Ian Hislop states in the clip – “he was lying, of course.”

Angus Deayton (remember him?) fleshes out the story: “John Major previously gave his word that any minister…

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Welfare reforms break UN convention – Patrick Butler

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By .

Posted in The Guardian, Monday 7 July 2014

The UK government is risking “systematic violation” of international human rights law in its treatment of disabled people, charities claim.

Britain is a signatory to a binding UN convention on the rights of people with disabilities, and the international covenant on economic, social and cultural rights. Austerity measures and welfare reforms such as the bedroom tax mean the rights of disabled people to independent living, work, and social security have been undermined, causing significant hardship, say campaigners.

A report published by Just Fair, a consortium of 80 national charities including Amnesty International, Save the Children, and Oxfam, says the UK is in clear breach of its legal obligations. Support structures for many disabled people have disappeared or are under threat as local authorities cut social care budgets, while cuts to benefits will leave many disabled people without crucial help for daily living.

Jane Campbell, a cross-bench peer who is disabled said: “It is both extremely worrying and deeply sad that the UK – for so long regarded as an international leader in protecting and promoting disabled people’s rights – now risks sleepwalking towards the status of a systematic violator of these same rights.”

The government vigorously denied the claim. Disability minister Mike Penning said: “It is simply not true to say we are breaching our legal obligations to disabled people. We spend around £50bn a year on disabled people and their services and our reforms will make sure the billions spent give more targeted support and better reflect today’s understanding of disability.

“We are fixing a broken welfare system, which trapped tens of thousands of people on incapacity benefit for more than a decade with little done to see if their condition had improved and support them into work.”

The report calls for a right to independent living to be enshrined into UK law, so that government and public bodies are obliged to ensure policies and practices support – rather than compromise – independent living.

Aoife Nolan, professor of International Human Rights Law at the University of Nottingham and a trustee of Just Fair said government policies were compromising disabled people’s human rights.

“Not only do these policies cause significant hardship and anxiety, but they also amount to impermissible backward steps in relation to disabled people’s human rights, contrary to the UN human rights framework.”

The report will be submitted to the United Nations, which is in the process of reviewing UK compliance with its obligations to the rights of disabled people.

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Classic

Maslow’s hierarchy of needs.

The Universal Declaration of Human Rights, signed by UN General Assembly on 10 December 1948, just five years after the Maslow’s publication of “A Theory of Human Motivation”, echoes the work via a set of Articles stating the rights of every human being. There is a very clear connection between human needs and human rights.

A person who has problems satisfying lower level needs, will not be able to find the material and psychological resources necessary to focus on higher level needs, and fulfil their potential. Aside from the biological, psychological, motivational, emotional and human potential dimensions of human rights, and how that correlates with the prerequisite to meet our fundamental needs, this is the 6th most wealthy nation in the world, it was once a first world liberal democracy, and a beacon for observed human rights. We have a moral obligation, as well as a legal one, to ensure people are able to meet their basic survival needs.

In just four years of an authoritarian, Tory-led administration, we have moved away from the equality and rights based society to become a one based on competition, rigged “market forces”, a “small” and unresponsive state and an era of self help and personal responsibility. Free bootstraps not included.

Our political freedoms and human rights must not be subservient to ideological bartering and political definitions of “economic success”. Democracy is not about the private accumulation of wealth. It is about the wise use of the collective wealth for the common good of the public – and an economy that extends to include ALL of our citizens. And a decent, civilised, democratic society supports its vulnerable members and upholds universal human rights.

kittysjones.

Also related:

Amnesty International has condemned the erosion of human rights of disabled people in UK

The UK Government have got it wrong about our Human Rights.

The Labour Party address welfare wrongs with human rights and strong equality principles.

Dignity and Opportunity for All: Securing the rights of disabled people in the austerity era

Br25fFTIYAAC8P9

A flower for every person that died within 6 weeks of ATOS finding them fit for work.

Apparently, this powerful symbolic commentary of the catastrophic consequences of government policy wasn’t deemed newsworthy by the mainstream media.

Why soaring wage inequality in the UK should worry everyone – Frances O’ Grady

Posted 24 Mar 2014, by  in Equality

Wage inequality has soared in parts of Britain since 2000. In this time the pay gap between the top tenth of earners in London and the bottom tenth has shot up by 14%. It may be worst in London, but it’s a trend over most of the country. In the South East, the earnings gulf has widened by 9% since 2000, and in the West Midlands it’s up 7%.

Only in Wales and the South West has there been any reduction in the pay gap. However, this is likely the result of top earners not doing as well as in other parts of the UK, rather than those at the bottom getting a better deal.

Comparing the pay gap between the top 10% of earners and those on an average (median) wage also paints a similarly depressing picture of rising inequality. By this measure, inequality has risen by 4.5% across the UK, with the largest rise (8.5%) once again in London.

This should worry everyone. Those with the biggest pay packets may dismiss this as the politics of envy, but income inequality is bad for the whole economy. It helped drive the financial crash as banks lent the savings of the wealthiest to those in the middle, who took out more and more credit to keep up their living standards.

For all the talk of an economic recovery, pay for the majority is still falling. Full-time UK workers are earning, on average, £2,084 less a year than they were in 2010. For an average household, this real terms drop in wages is the equivalent of 36 supermarket shopping trips, a year’s energy bills, or 28 tanks of fuel for the car.

Fair Pay Fortnight infographic showing how much the average workers has lost, in real wages, since 2010And Oxfam’s research last week, revealing that the UK’s richest five families have a greater combined wealth than the poorest twenty per cent, is another stark reminder of why British workers need a pay rise.

That is why starting from today until Sunday 6 April the TUC is running Fair Pay Fortnight – a series of events and activities throughout Britain that will raise awareness about falling living standards.  Events will range from regional wage summits to street stalls, asking the public to back a petition to Cameron, Clegg and Milliband to put practical fair pay measures in their 2015 election manifestos.

We need to tackle poverty pay, with higher wages in sectors that can well afford to pay more, as well as more employers paying a living wage. But the increasingly squeezed middle also need policymakers and employers to create more high-quality jobs to boost productivity and raise people’s living standards.  People need more money in their pockets if local economies are to thrive.

Unless we take action, this pay gap will only grow, and only those right at the top will benefit from the recovery. Britain needs to reverse the trend and move back towards fair pay for everyone. An economy that works for the majority will be an economy that works better, full stop.

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Labour not to blame for ESA assessment backlog

thelovelywibblywobblyoldlady's avatarThe lovely wibbly wobbly old lady

The formidable Sheila Gilmore MP has written To Mike Penning, following comments he made on 24 June 2014

He (of course) blamed the previous Labour government for the backlog, which as we must all know by now, is the Tory default position … when in doubt blame the previous government or anyone else!

Here is Sheilas’ letter to Mike Penning; she is awaiting his response. 

When (and if) she receives it, I will post it here.

 

Sheila Gilmore MP
Edinburgh East Constituency

House of Commons, London, SW1A 0AA | 020 7219 7062
sheila.gilmore.mp@parliament.uk | http://www.sheilagilmore.co.uk
03 July 2014

Mike Penning
Minister of State
Department for Work and Pensions
Caxton House
Tothill Street
London
SW1A 9DA Our Ref: MB/GILM02002/02140914

Dear Mike

During a DWP Select Committee evidence session on 10 June 2014 you were asked
how many people were currently awaiting an assessment for Employment and
Support Allowance and you answered just…

View original post 355 more words

Two letters from Andy Burnham concerning Cameron’s lies about A&E waiting times

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1) Andy Burnham calls on UK Statistics Authority to clarify Cameron claims on A&E waiting times

Andy Burnham MP, Labour’s Shadow Health Secretary, has today written to Sir Andrew Dilnot, Chair of the UK Statistics Authority, following claims made by David Cameron in Prime Minister’s Questions on July 2nd and further research by the House of Commons Library published yesterday.

David Cameron has been accused of misleading MPs over A&E waiting times, after a claim he made three times was challenged by the politically neutral House of Commons Library. Cameron’s claim that average waiting times had more than halved under the Coalition was based on “a simplistic reading of the data”.

In a blog on the House of Commons Library website, researcher Carl Baker wrote that A&E data “must be discussed in a way which is useful and informative”. The blog post was removed from the website, with a message in its place which said it had been taken down “as it does not meet our expected standards of impartiality”. The message said a revised blog post would be uploaded “as soon as possible”.

The researcher also said that a similar claim, made last month by the Health Secretary Jeremy Hunt, that the median waiting time had fallen from 77 minutes, was “false”.

In fact, there had been no reduction in waiting times, and total time spent in A&E was actually increasing.

A copy of Andy Burnham’s letter is below:

Dear Sir Andrew,

Prime Minister’s statements on average waiting times in Accident and Emergency.

I am writing to seek clarification about recent claims by the Prime Minister about waiting times in Accident and Emergency units in England. As you may be aware, on 2 July the Prime Minister informed the House of Commons that average A&E waiting times had fallen from 77 minutes to 30 minutes.

“Let me tell the right hon. Gentleman exactly how long people are waiting. When the shadow Secretary of State was Secretary of State for Health, the average waiting time was 77 minutes; under this Government, it is 30 minutes.”

David Cameron, Hansard, 2 July 2014, column 883
“The average waiting time is down by more than half. That is better.”
David Cameron, Hansard; 2 July 2014, column 883

In addition, the Health Secretary informed the House of Commons on 9 June that “the median wait for an initial assessment is only 30 minutes under this Government, down from 77 minutes under the last Government.”

“NHS staff are working incredibly hard to see and treat these patients within four hours, and it is a tribute to them that the median wait for an initial assessment is only 30 minutes under this Government, down from 77 minutes under the last Government.”
Jeremy Hunt, Hansard, 9 June 2014, column 288

But the House of Commons Library, in a blog post that has since been removed, says that “total time in A&E has been steadily increasing” and that “The data does not show that the average time in A&E has fallen since 2008. Rather, the typical total time in A&E has risen”. And they say that it is “false” to claim, as the Health Secretary did, that the median waiting time has fallen from 77 minutes, because “the median has remained more or less unchanged at around 10 minutes to initial assessment”.

I would be very grateful if you could consider the accuracy of the Prime Minister’s and Health Secretary’s statements, and in particular to clarify whether “time to initial assessment” is an accurate indicator of “average waiting time” in A&E, and whether it is an accurate indicator of overall A&E performance.

Yours sincerely,

Andy Burnham

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2) House of Commons Library research devastating for Cameron on A&E waiting times

Following the publication of a blog by the House of Commons Library debunking the Prime Minister’s claims on A&E waiting times at yesterday’s Prime Minister’s Questions, Andy Burnham MP, Labour’s Shadow Health Secretary, has written to David Cameron asking him to correct the record.

Andy Burnham said:

“This analysis from the House of Commons Library is devastating for the Prime Minister. “It exposes his cynical spin on the NHS and suggests he is guilty of giving a misleading impression of what is happening.

“David Cameron needs to hold his hands up, return to Commons and correct the record. It is only by being up front about what is really happening can a proper plan be developed.”

Letter to David Cameron from Andy Burnham:

Dear Prime Minister,

Yesterday at Prime Minister’s Questions you told the House that average A&E waiting times had fallen from 77 minutes to 30 minutes.

“Let me tell the right hon. Gentleman exactly how long people are waiting. When the shadow Secretary of State was Secretary of State for Health, the average waiting time was 77 minutes; under this Government, it is 30 minutes.”

Hansard, 2 July 2014, column 883

However, today the House of Commons Library, in an analysis of A&E waiting time data published on their blog at http://commonslibraryblog.com/2014/07/03/have-ae-waiting-times-fallen/, has comprehensively debunked your claim. They say that “it relies on a simplistic reading of the data, and that the measure [the Prime Minister] refers to is not the most natural indicator of the ‘average waiting time’ in A&E”. The Library says that the data “does not support the PM’s statement”.

The Library goes on to say that on median time to treatment, and median time in A&E, which “are more natural ways to report ‘average A&E waiting times’ – there has been no reduction in waiting times… and total time in A&E has been steadily increasing”.

The Library concludes that “The data does not show that the average time in A&E has fallen since 2008. Rather, the typical total time in A&E has risen (for admitted patients, at least)”.

Given that they have risen, it was wrong for you to claim that average A&E waiting times have fallen. I trust that you will want to take the earliest opportunity to correct the record.

Yours sincerely,

Andy Burnham

Further reading

David Cameron accused of misrepresenting A&E waiting times to Parliament

Yesterday at PMQs – the Prime Minister

tory cuts

 With  thanks to Robert Livingstone for his brilliant illustrations

High Court rule that retrospective legislation in the Cait Reilly Poundland case was unlawful.

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High Court grants declaration of incompatibility of primary legislation with the right to a fair trial after damning assessment of the Department of Work and Pensions’ interference in ongoing cases.

Many thanks to Public Interest Lawyers UK & International Law

In a detailed and critical decision, Mrs Justice Lang considered a challenge brought by Caitlin Reilly and Daniel Hewstone against the 2013 Act following a “series of misjudgments by the DWP” (at [109]). In a previous case, brought by Public Interest Lawyers on Ms Reilly’s behalf, the Court of Appeal had ruled that the regulations introducing back-to-work schemes (the 2011 Regulations) – and sanctions for failing to take part in or meet requirements of the schemes – were unlawful and should be quashed (see the press release here).

Following a challenge to emergency, retrospective legislation introduced to remedy mistakes made by the DWP in its ‘Back to Work’ scheme, the High Court has declared the Jobseekers (Back to Work Schemes) Act 2013 incompatible with the right to a fair trial guaranteed by Article 6(1) of the European Convention of Human Rights. The Government’s argument that the retrospective Act was compliant with the Convention has been shown to be wrong and its arguments deeply flawed.

Before the Secretary of State’s own appeal was heard (and ultimately dismissed) by the Supreme Court, the 2013 Act was rushed through Parliament in 3 days, without full or proper consultation, in order to retrospectively validate the regulations as well as sanctions imposed on benefit claimants under that regime. This effectively won the appeal for the Secretary of State before it was considered by the Supreme Court – the Judge referred to this as a “foregone conclusion” (at [86]). It also determined thousands of pending appeals in statutory tribunals in favour of the Department of Work and Pensions.

In reaching its decision, the Court considered that the Government’s actions had not been foreseeable to benefit claimants (at [90]) and that “the absence of any consultation with representative organisations” as well as the lack of scrutiny by Parliamentary Committees had led to “misconceptions about the legal justification for the retrospective legislation” (at [96]).

The 2013 Act introduced a new “draconian provision, unique to this cohort of claimants”  which was “not explained or justified” by the Government in Parliament “at the time” (at [99]). Mrs Justice Lang rejected the Secretary of State’s assertion that flaws in the 2011 Regulations were simply “a technicality or a loophole” (at [116]), that the 2013 Act sought to give effect to Parliament’s ‘original intention’ (at [122]) or that repayments to benefits claimants would be “an undeserved windfall”  (at [125). She also recognised that it would be “unjust to categorise the claimants in Reilly No 1 as claimants “who have not engaged with attempts made by the state to return them to work” (at [126]).

The learned judge rejected a challenge based on the property rights of benefits claimants. The Secretary of State has asked for permission to appeal the judgment.

The consequences of the judgment are that all those who have appealed against a benefit sanction on the basis of the previous Reilly and Wilson decisions will be entitled to win their appeals and be repaid the withheld benefits. Those who have not appealed, or are not allowed to bring a challenge to a sanction out of time will not be able to benefit from repayments.

Phil Shiner, a solicitor at Public Interest Lawyers, said today:

“This case is another massive blow to this Government’s flawed and tawdry attempts to make poor people on benefits work for companies, who already make massive profits, for free.  Last year the Supreme Court told Iain Duncan Smith and the Coalition government that the scheme was unlawful. In this case the High Court has now told the Government that the attempt to introduce retrospective legislation, after the DWP had lost in the Court of Appeal, is unlawful and a breach of the Human Rights Act and is a further disgraceful example of how far this Government is prepared to go to flout our constitution and the rule of law.  I call on the DWP to ensure that the £130 million of benefits unlawfully withheld from the poorest section of our society is now repaid.”

See further press coverage below:

PCS: Latest Poundland ruling shows ‘cruelty and arrogance’ of government

The Guardian

The Telegraph

The Daily Mail

Birmingham Mail

BBC News

International Business Times