The Mail maketh Miliband

A loving father and son: Ed and Ralph Miliband.

A loving father and son: Ed and Ralph Miliband.

The Daily Mail has achieved something that Labour activists could only dream about. Their ill-judged headline on Ed Miliband’s dad, Ralph Miliband, for hating Britain has enabled the Labour leader, to turn a potential weakness into a great strength.
For all his abilities one of Miliband’s great problems in presenting his image to the great British public is that he appears to be a geek. He is the sort of guy that you might think is too bookish and too engrossed in detail (penalty for being an ex special adviser to Gordon Brown) to be a natural born Prime Minister.
But in one fell swoop Paul Dacre has turned a geek into someone who practically the entire nation can empathise and understand. He has made him all too human.
What person in Britain does not understand the natural love to defend one’s dad -particularly if he can’t answer back beyond the grave. What person doesn’t know the natural love between father and son – even if they disagree over politics and football teams.
The Mail’s mess has allowed Miliband to transcend party politics and for people who don’t take any interest in political matters – to remember one thing , he is the sort of guy who stands up for his dad.
I am sure Ed Miliband never would have wanted this in the first place – and certainly wouldn’t even think of exploiting it politically. But the result is that Paul Dacre has achieved the exact opposite of what he wanted and it serves him right.
One can scarcely believe the ineptitude of the next event. The Mail on Sunday is caught going to a private memorial service for Ed Miliband’s uncle to gather more dirt on Ralph Miliband.
What editor would be daft enough a- a week before the highly sensitive decision on a successor to the Press Complaints Commission – to allow his paper to engage in activities that the general public would find distasteful and abhorrent. No wonder apologies were offered – but the probable effect – unless Cameron is completely foolhardy – is that the alternative regime to Leveson is now dead in the water.
Even though this is not directly about press regulation – it will be seen that papers have not learned any lessons.
And with the potential for more striking revelations at the end of the month when the trial of Rebekah Brooks and Andy Coulson starts over the phone hacking scandal, the situation for an embattled media can only get worse.

Unlawful: Auditor’s verdict on council staff using taxpayers cash to sue bloggers

blogger jacqui thompson Pic courtesy: carmarthenplanning.blogspot.com

blogger jacqui thompson
Pic courtesy: carmarthenplanning.blogspot.com

A decision by the Wales Audit Office in the last few days should send shivers down the spines of senior council staff thinking of using taxpayer’s money to silence bloggers.
The audit office have ruled that Carmarthenshire County Council acted illegally by indemnifying its chief executive,Mark James,in a libel action involving local blogger,Jacqui Thompson.
She has been involved in a long running libel case – which is due to go to appeal – over corruption allegations in Carmathenshire Council. Mr Justice Tugenhat ruled that she had run a “unlawful campaign of harassment, defamation and intimidation” against senior officials through her blog posts. The situation escalated when she was arrested for filming a council meeting on a mobile phone.
She has been ordered to pay £25,000 damages to Mr James and is facing bankruptcy after facing a £230,000 in legal costs run up by the authority in fighting the action. The court ruling was seen as having a chilling effect on the right of bloggers to criticise and comment on local council affairs.
Even Eric Pickles, the communities secretary, expressed concern over this ruling – though it is outside his jurisdiction in devolved Britain to act.
Now Anthony Barnett, the Wales Audit Office auditor has ruled – see BBC report – the indemnity of £23,217 is unlawful. For good measure has says a payment of over £16,000 in lieu of a pension to Mr James is also illegal.
His draft report says “I draw attention to the matters disclosed in note 6.50 to the accounts in relation to (i) remuneration totalling £16,353 paid to the Chief Executive in lieu of employer pension contributions; and (ii) £23,217 of expenditure incurred in granting an indemnity to the Chief Executive to bring a libel counter-claim against a claimant. These transactions are considered to be unlawful.”
Carmarthenshire County Council are furious and say they had taken legal advice that it was perfectly OK to use public money for staff to become involved in suing bloggers.
Its spokesman made it clear in a statement to the BBC: “Regarding the issue of the indemnity to an officer of the council to take action for libel, we would like to make it clear that we consulted the Wales Audit Office prior to the decision being taken in January 2012 and that it has taken almost two years for these concerns to have been expressed,” a spokesman said.
“We have discussed the matter with them on several occasions and in August of 2012 they indicated, in response to questions from a third party, that they agreed that the council had the legal powers to grant the indemnity.
“It is disappointing that they have now expressed a different view so late in the day, and too late for the council to act upon it.”
The consequences of this ruling are two-fold. It must question whether the council should continue to provide an indemnity to Mr James in the current appeal.
It also sends a much wider warning to senior council officials – that they should think more than twice before using public money to pursue people who are critical of them. I don’t know the rights and wrongs of the issues in her blogs, but I do think a public authority should not use public money to crush them. This is a victory for those who support free speech and unfettered debate on matters of public interest.

Why the Tories have only themselves to blame for not reining in BBC excesses

Last week top BBC figures cut a pathetic stance in front of the Public Accounts Committtee. But two years ago Jeremy Hunt, the culture secretary, actually PREVENTED the National Audit Office from getting direct access to their accounts. Don’t take my word for it, see the actual correspondence between Sir Micheal Lyons, Chris Patten, Jeremy Hunt, and Amyas Morse, head of the NAO released under Freedom of Information to Exaro News. How dare Maria Miller now say she wants direct access to accounts, it could have been done two years ago

davidhencke's avatarWestminster Confidential

Remember the great fuss from the Conservatives on how they were going to hold the BBC to account, expose those mega salaries paid to Graham Norton and Jeremy Paxman and make sure the taxpayer got the best value for their money from the BBC.

Well if you beleive  culture secretary Jeremy Hunt and Lib Dem culture spokesman Don Foster, it will be all happening from next year in the new cash frozen agreement to fund the BBC. He has spent the last year telling us about his success in allowing Parliament’s National Audit Office the right to launch any inquiry it likes into whether the BBC is value for money.

To quote him directly: “It is right that licence-fee payers have confidence that the BBC is spending money wisely, so I am pleased that the NAO now has the right to full access to BBC information. Its new power to decide which…

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Revealed: How the explosion in convicted sex offenders has sparked a crisis in our jails

Stuart Hall; One of a growing number of elderly sex offenders now in jail. Pic courtesy: Huffington Post

Stuart Hall; One of a growing number of elderly sex offenders now in jail. Pic courtesy: Huffington Post

An extraordinary report was issued last week by MPs on the Commons Justice committee revealing the impact on prisons of the growing numbers of paedophiles and sex offenders being sent to jail.
The report – virtually unnoticed by the national media ( exceptions BBC and Yorkshire Post) -provides partly an answer to those who say the police aren’t doing their job catching them and the Crown Prosecution Service is not getting enough convictions. It also suggests society failed to acknowledge the scale of sex offences in the past.
What it reveals is that Britain’s jails are being engulfed by a tidal wave of elderly offenders – and a huge proportion are historic child abuse and sex offenders like Stuart Hall.
The figures are in fact staggering. At the end of March 2013 there were 6,639 prisoners in England and Wales who were aged between 50 and 59 and there were 3,381 over the age of 60, counting between them for 12 per cent of the prison population. Custodial Convictions have jumped by 45 per cent for the 50-59 age group and by 46 per cent for those over 60 between 2008 and 2012.
The report highlights historic sex abuse cases as one of the main causes. It says there has been a 45 per cent increase in convicted people sent to jail between 2002 and 2012. They account for a third of the elderly offenders in jail
Indeed the number of infirm elderly mean that two prisons – Dartmoor and the Isle of Wight – are now becoming vulnerable persons units, where prisoners have difficulty climbing stairs,washing, carrying their meal trays and getting into bunk beds.
Nor is this particularly a British phenomenon, American readers of this blog, might be familiar with a recent NBC report revealing a similar crisis in the US.
The British report points out that the problem is likely to grow rather than diminish – particularly given the present drive to prosecute historic child abusers through Operations Yewtree, Fernbridge, Fairbank,Torva and in North Wales and Northern Ireland.
The problem for politicians is that this group are the least loved offenders – some people would want to hang them – and there is little political capital and much outrage to be gained from being even remotely sympathetic.
The one sympathetic statement came from the Howard League for Penal Reform.
Frances Crook, Chief Executive said:
“The select committee is quite right to highlight the growing problem faced by older prisoners in our overcrowded jails. Political leadership is required to address the issue and provide prisons that were never designed to be penal care homes a clear strategy on how best to handle the needs of an increasingly elderly population.
“At the same time the issue of historic sex offences is a real challenge for society. If someone is sentenced many decades after they committed a crime and where they are so infirm as to pose no continuing danger, then the courts should explore other options than simply imprisonment.”
The only danger with this – and I am only taking this from the small number of investigations I have made in this area – is that unfortunately many of the elderly abusers are still sexually active.
But society is going to have to deal with this – or more of our jails will become compulsory old people’s homes at enormous cost to the state and taxpayer.

Cyril Smith: New evidence of cover up of the Liberal Democrat’s leading child sex abuser

 Child abuser Sir Cyril Smith secret files and  new evidence Pic Credit: dreamcatchersfor abusedchildren.com

Child abuser Sir Cyril Smith secret files and new evidence
Pic Credit: dreamcatchersfor abusedchildren.com


My colleague on Exaro News, Nick Fielding, reveals a secret cache of documents from Knowl View School in Rochdale disclosing widespread sexual and physical abuse of children who had special needs.
Cyril Smith who help found the residential school was a governor there and according to Exaro he sexually abused at least one of kids himself.
The documents seen by Exaro reveal that up to a quarter of children there may have been involved in serious sexual abuse and staff there were accused of a ” dereliction of duty” in not protecting them.
They come as a police cover up of the crimes committed by Sir Cyril Smith, who got away with a life of serial child abuse will be revealed tonight on a Channel Four Dispatches programme.
The disclosures – including the police cover up – may explain why Greater Manchester Police have abandoned an investigation into allegations against Cyril Smith, which could lead to other perpetrators being caught.
The Met Police unlike Manchester, are pursuing the child abuse scandal at Grafton Close children’s home in Richmond, Surrey – with two people already charged- despite allegations of an original police cover up in the 1980s.
Cyril Smith has also been identified by some survivors of the Richmond child abuse scandal, as an abuser at Elm Guest House in Barnes.
Mainstream media coverage of these new revelations will be muted, particularly at the BBC.The Corporation is still frit after its bruising encounter with McAlpine over false accusations that the former deputy chairman of the Tory Party had sexually abused a boy in North Wales.
Newsnight, despite having a new editor, Ian Katz, is avoiding the issue like the plague. But Ian Katz won’t be able to claim there is no public interest. Boring, snoring it is not.

Judge throws out £30,000 copyright claim against this website

A deputy district judge has summarily dismissed a claim against this website and Exaro News claiming over £80,000 for publishing two pictures to illustrate the activities of a former Met Police photographer who ran an agency that publicly offered to pay thousands of pounds to public officials for stories on celebrities.
The court findings and background to the story is published on the Exaro website today
The case was brought by Newspics Ltd, the company owned by Matt Sprake, an ex police photographer who works for a number of national newspapers.
For bloggers the ruling by district court judge Stuart Quin at Milton Keynes County Court is interesting since he accepted the case brought by Exaro’s lawyers.Vertex Law,who argued that publication of the pictures amounted to what is called “fair dealing.”
This allows copyright to be waived whoever owns it if the pictures are used to illustrate a story and can be seen to be relevant to the story and in the public interest. This could be significant for bloggers who want to illustrate public figures in a story which is a matter of public interest whoever owns the copyright.
Mr Sprake who denies paying anybody was also summoned by Lord Leveson to give evidence to his inquiry into the press use of undercover work and invasion of privacy.
Mr Sprake claimed Exaro and this website had obtained the pictures from private sources. Exaro argued that this was not the case as the pictures were in the public domain.
The original story is on the Exaro website and on this blog. The pictures which showed Mr Sprake dressed in full photographer’s gear after the bombing in Canary Wharf in 1996 and sitting in the PM’s chair in the Cabinet Room at Number Ten Downing Street were used to illustrate his claims on his website. This said NewsPics advertised a menu of services under the label “surveillance photography”, claiming: “You can utilise the very same skills that are used by the security services and the police.”

UPDATE:October 25 Milton Keynes County Court have now awarded default costs against Newspics, the company owned by Matt Sprake and his wife, for £23,599.39 so Exaro News and myself can recover legal costs. He has 14 days to pay.

New Privatised NHS: Medical Services Ltd broke patient ambulance contract

The 5 hr wait ambulance: Picture taken by me at Hemel Hempstead Urgent Care Centre

The 5 hr wait ambulance: Picture taken by me at Hemel Hempstead Urgent Care Centre

Following my personal exposure of Medical Services Ltd appalling provision for weekend patient ambulance services, my local newspaper, the Gazette, took up the story. the experience onvolved waiting five hours for an ambulance to come and pick up my wife, Margaret, who recently had stroke, from Hemel Hempstead Urgent Care Centre.
Their report reveals that not only were the company at fault but it is clear that the people responsible for managing and overseeing the contract on behalf of the NHS were also to blame.
It is now revealed that Herts Valleys Clinical Commissioning Group require Medical Services Ltd ( gross profit £7m a year) to collect all patients within two hours. The contract says:
“The Contractor will collect patients from clinics within 60 minutes of being requested by the Department in 90% of cases and within 120 minutes on 100% of cases.”
So this amounts to a blatant breach of contract and if as staff at Hemel Hempstead Urgent Care Centre, say they are regularly leaving patients for up to four hours, this is not an isolated case.
There are also a serious questions for the West Herts Health Trust who are supposed to manage this contract.
Were they asleep when Medical Services Ltd were providing just one ambulance for patient transport and collecting patients from Bedford, Luton, Letchworth and Hitchin hospitals. Or were Medical Services Ltd two timing the authority by using the same ambulance for contracts with other health trusts? Did they allow Medical Services Ltd to close their Watford depot at weekends so all ambulances will have to travel from Luton to pick up patients at Watford General. Great guardians of taxpayers money and patients interests, I don’t think.
Why should the public put up with shoddy providers who flout contracts and complacent NHS supervisors who don’t check up on them?
If you’ve had a bad waiting experience with a private or public ambulance taking you back from hospital you can always use the contact me point on this website or contact the Gazette series of papers to complain. Just give me the details, day, time and wait.
Or you can now go one better. Samantha Jones, the chief executive of West Herts Hospitals Trust, has promised an inquiry after the publication of this blog and would like to hear from anybody who has had a bad or good experience using the patients ambulance service from watford, St Albans and Hemel Hempstead hospitals. Her email is samantha.jones@whht.nhs.uk.

Elm Guest House – “Mary Moss” files

This is another significant post from Chris Fay, who has campaigned tirelessly to bring sexual abusers of children to justice, about a document on Elm Guest House in Barnes which has led to fevered speculation on the internet about a cover up of prominent figures who could have sexually abused children there. What he is saying here is that the victims are genuine but do not automatically assume that all the adults who are alleged to have stayed there are abusers. This does not mean that on going investigations under Operation Fernbridge will not lead to further arrests.

chris46's avatartheneedleblog

In the interests of accuracy, and to protect the reputations of innocent people, I would like to set the record straight about certain things contained in the “Mary Moss” files placed online last year.

These were mostly handwritten notes made on a daily basis concerning NAYPIC’s investigation into complaints from young people in the care of Richmond of abuse at Grafton Close Children’s Home, and elsewhere, including the Elm Guest House in Barnes from 1977 to 1982.

Unfortunately, being just notes, they have no real context.  I will try to provide that.  Amongst the documents is a list of boys names. These are VICTIMS not abusers.  These were the names of young people who had complained to us, were strictly confidential and should never have been made public.  Due to the unfortunate circumstances around the police raid on Mary Moss’s home, these were released online.

Also included was a list…

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Exaro News: Pay wall scrapped – It’s all free

You can now read all my stories and many other good scoops on the Exaro website free of charge.
Just like my old employer The Guardian and unlike Rupert Murdoch’s Sun and Times there is no longer a pay wall between you and the story.
So go to the site and see and hear the full private Murdoch ” tape”; all the stories about Ed Lester, the former head of the Student Loans Company now at the Land Registry and his tax avoidance; all the stories on the Operation Fernbridge historic paedophile investigation; the government’s flawed plan to abolish the Audit Commission and embarrassing disclosures about the activities of the Serious Fraud Office.
Exaro is now funding its activities with a big expansion in data journalism -aimed at business.
Go on indulge yourself!

Government’s barmy and complex plan to tackle defamation on the web

The Ministry of Justice has just excelled itself with a daft plan to try and tackle libellous and abusive comments on websites.
A splendid blog on the Inforrm website by media lawyer Ashley Hurst from Olswang reveals that a so-called simple system to provide redress to force web operators to take down posts is anything but that.
As he himself states the ministry claimed it “designed to be as straightforward as possible for people to use” but there are in excess of 20 cross-references in a procedure spanning over four pages with 47 FAQs and 10 pages of guidance.”
Worse it looks as though it will do the opposite that it intends by encouraging more people to blog anonymously as people might have to get court orders to find out who is behind the post.
He points out “People blog and comment on websites anonymously for a reason: because they do not want to be identified. Why would an anonymous blogger suddenly identify himself without a court order because a website operator tells him that a legal complaint has been received? There is absolutely no incentive, especially for a whistleblower, someone intent on causing damage, or someone who cannot afford to be sued, to come forward and identify themself voluntarily as a potential defendant.”
There is also a 48 hour fast track application to get someone’s post down – but make one mistake in the form and web operator can ignore. I can’t imagine WordPress, based in the US with a tradition of free speech, being over impressed by these new UK regulations.
For those who want to study it further he supplies a flow diagram, which almost rates in complexity ( but not quite) with Andrew Lansley’s re-organisation of the NHS.
In my view the planned regulations look hardly worth the paper they are written on. They seem a waste of cyberspace.