Category Archives: uncategorised

Supreme Court upholds right of classical pianist to tell compelling story of child sex abuse

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An attempt to ban a book by a classical pianist James Rhodes where he revealed how he overcome his childhood trauma of  sexual abuse through music has been comprehensively overturned by the Supreme Court.

The findings and the judgement are reported in detail on the excellent Inforrm blog site here

The decision overturns what will be seen as a rogue judgement by the Court of Appeal which allowed his former wife to ban publication of the book because it could cause distress and damage to the author’s son. This extraordinary judgement has been report on this site earlier.

Dan Tench, of the law firm, Olswang, writes on the Inforrm.blog :

“The Supreme Court handed down today its judgment in OPO v MLA ([2015] UKSC 32), the case in which the Court of Appeal had – extraordinarily – granted an injunction to prevent the publication of a book solely on the ground that it might cause psychological harm to the author’s son. In a compelling and comprehensive judgment, the Supreme Court reversed the decision of the Court of Appeal and discharged the injunction.

The Court clarified the tort of intentionally inflicting mental suffering, gave a powerful reminder of the importance of freedom of expression, provided important guidance on the form of injunctive relief and abolished imputations of an intention by operation of a rule of law.”

He concludes:

” The judgement is also notable for including substantial extracts from the book, perhaps the most startling and vivid prose to appear in a Supreme Court judgement.  This material gives a strong insight into the power of the book and it is plain that the judges held it in high regard (although that was no part of their reasoning).  The Court recognised that the book used “brutal language” and “dark descriptions” and confirmed previous authority that the “right to convey information carries with it a right to choose the language in which it is expressed”.

This is a powerful, authoritative and humane decision from a Supreme Court at the top of its game.  Like all the best judgements, when one has finished reading it one concludes that the law could be only this, a welcome answer to the difficulties to which the decision from the Court of Appeal gave rise.”

I thoroughly concur. Survivors everywhere should welcome this decision by the highest court in the land. They should also note that one of the judges who made this decision was Lady Hale, one of the people who sadly turned down the offer to chair the statutory inquiry into child sex abuse after it was made clear that the Lord Chief Justice did not want any sitting judges from the UK chairing the inquiry. It may be a sad loss given what this judgement concluded.

POSTCRIPT: James Rhodes is launching his book at the Hays Literary Festival on Saturday May 23 (tomorrow). the link is 

Will a Tory town hall victory in May lead to bitter defeat in July?

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St Albans Civic Centre: One of the new Tory controlled councils. Pic Credit: St Albans gov.uk

St Albans Civic Centre: One of the new Tory controlled councils. Pic Credit: St Albans gov.uk

This weekend’s Observer contained a very interesting article from Toby Helm revealing that local councils are planning to lobby the government like mad to stop yet another huge wave of cuts.

What was interesting is that it was coming from the victorious Tory leaders in May’s local elections who are now fearful of having to implement heavy unpopular cuts to local services.

It has gone virtually unreported the scale of the local government gains by the Conservatives who gained of 32 councils and 541 more councillors on the back of getting a majority in Parliament. the full results are on the BBC website here.

The gains – many from  no over all control include Amber Valley (from Labour),Basingstoke, Bath,Brentwood, Broxtowe,East Staffs,Gloucester, Gravesham,Hinckley (from Lib Dems),Herefordshire,Lewes, Newark,North Warwickshire,Scarborough,St Albans,Taunton, Warwick, West Devon,Winchester,Worcester and Wyre Forest.

Labour had just three gains, Chester, Stockton-on-tees and West Lancashire but overall lost control of  three councils and lost over 200 councillors.  But this masks the scale of Labour defeat in places locally like Dacorum in Hemel Hempstead where Labour is down to two seats and the Liberal Democrats down to three, with 46 councillors from the Conservatives.The Liberal Democrats lost another 411 councillors and control of four councils, holding on to South Lakeland, Eastleigh and Eastbourne..

UKIP gained their first council in Thanet  where Nigel Farage was defeated and put on another 176 councillors.This council will become a yardstick on how UKIP run local services.

The Conservative victors have every reason to be apprehensive. Local government has borne a disproportionate share of the cuts under the now departed Eric Pickles and George Osborne is introducing an emergency budget in July. The Treasury often prefer to land local government which supplies personal services with big cuts to spare some of the lobbying from anxious Whitehall departments.

I predict that we are going to see some very radical changes to services. Private companies like Capita must be rubbing their hands with glee and many councils may have to follow the London borough of Barnet and outsource the entire council to private companies. People will soon find out that the only way to contact their council will be by a call centre – if they are lucky in England – but if unlucky in Bangalore or Chennai. The Tory victors could end up being defeated by their own austerity policies.

Election 2015: Fear triumphs over hope

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David Gauke, prediicted the Tories would have a small working majority last Saturday

David Gauke, prediicted the Tories would have a small working majority last Saturday

Last Saturday in Berkhamsted market  treasury minister David Gauke, my local Tory MP now safely re-elected, told me five days before polling day, that the Conservatives would be returned with a small working majority.

At that time people said to me” he would say that, wouldn’t he? ” but Gauke had picked up, presumably from constituency returns, that the Liberal Democrats were doing badly. As the main challengers to the Tories in Herts South West he might take an interest even though his seat is one of the safest in the country. And he would know that many Liberal Democrat seats were vulnerable to the Tories and that Labour had more or less had it in Scotland.

As it turns out whether he had a crystal ball or not he was right – even though the opinion polls said the result was too close to call. Yet they all showed that a lot of people were still undecided.

What appears to have happened is that  enough undecided people on the way to the polling station appear to have bought the idea that they had to keep the government in power  to ensure that the “recovery ” continued and probably thought  ” I am just about OK” not to risk a change. A substantial minority – the UKIP vote – were so disillusioned about Westminster politics – that they were happy to vote for them  and damn the consequences. And it seems quite a number were ex Labour rather than Tory voters. and certainly that applied in Scotland where Labour seemed to have lost the plot.

Labour had offered the hope of a fairer society, more support for the NHS, and some controls on vested interests like private landlords and energy companies. Both Labour and the Tories  said there would be more unspecified cuts while the Tories promised to legislate to stop tax rises. But I suspect that people did not want to risk it because of these uncertain times.

I suspect many people think these “cuts”won’t affect them – only welfare scroungers and immigrants. I  think they will be in for a very big shock because there is no way the books can be balanced without much wider reductions if not removal of services. Local government, social care, benefits for disabled people, all are likely to be hit and there is no need now for a government in power for the next five years to bother with higher pay rises for public sector workers. There will also be a bonanza for private  firms to take over the rest of the work of the state and fraught referendum on Europe and a resentful relationship between England and Scotland.

Labour will have to do some new thinking on how it is going to offer a vision to attract people to vote for them – or be squeezed between UKIP and the Greens. Otherwise the prospects for 2020 will be even worse than now after the new  more equal constituency boundaries come into play and reduce their Parliamentary representation even further.

There is a very bumpy road ahead for this government with a small majority and a controversial manifesto to implement  but an equally bumpy road for all opposition parties as a result of today’s shock result.

Election 2015: Are We Bovvered?

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Driving around England just days before this week’s poll what has struck me forcibly is the absence of party political posters in ordinary people’s homes. Years ago when it was a simple two horse race with a rogue mare in a few Liberal strongholds the country would be a sea of red and blue with a spattering of orange.

Twice I have driven between Hertfordshire and Nottinghamshire ( half of it not on the M1  but sticking a lot to the A5 and cutting across towns and villages Like Leighton Buzzard and Towcester) and I could count the number of party political posters on two hands. Now it may be that the old party poster is out of fashion or political support is now emblazoned on Twitter rather than the front window, but I suspect it may reflect a deeper malaise reflected in the polls.

Given that we have had a ferocious election campaign the extraordinary fact – barring a last minute switch in the next 48 hours -is that the English polls have remained roughly the same ( given a point or two ) throughout the campaign.The earth has not moved.

The exception is Scotland where the SNP looks heading for a landslide on the back of the referendum campaign – and has if anything strengthened its lead if the polls are to be believed. It could achieve a virtual wipe out of the opposition. Gordon Brown , Alastair Darling and Sir Menzies Campbell must be very relieved they stood down this election rather than face defeat at the hands of the voter.

What I suspect – beyond the hard core of supporters – is a general disillusionment with politicians, a lack of trust, and a sad view that politics can’t change things. This was shown by one Tory supporter who told me she had decided to support the party ” because things were just about all right”. This is hardly a ringing endorsement for a party which claims to have saved the country from Labour fiscal disaster, created full employment in the South and destroyed inflation. I know the Tory top guard -minimum income £67,000 a year – just can’t understand why voters aren’t flocking to them in droves to give them like the SNP either a  Thatcherite landslide or a decent working majority.They must be desperate now.

Labour seems also to have failed yet to achieve a convincing swing – though Miliband who is being portrayed as a weird wonk by the right-wing media- has actually increased his poor ratings once people saw him perform on TV. How Murdoch must regret he hasn’t got Fox News over here where he could run stories which  Sun Nation and Zelo Street highlighted – like Miliband’s plans to evict the Downing Street cat – to garner landslide Tory support from the Cats Protection League and RSPCA.

And Nick Clegg has the student tuition fees lying promise like an albatross around his party’s neck – people do not trust what he says. Individual Liberal Democrats may do better in individual seats than national polls suggest – and they could even have a freak win in Watford  over the Tories where the  Liberal Democrat mayor is fighting a ferocious campaign against strong  opposition from Labour and Tory.

As for UKIP – their highlighting of immigration and quitting the European Union – has meant they have not faded away – and still attract a significant minority of disillusioned voters but their poster count is not high either.In my view they have a nostalgic and nasty view of the modern world that won’t work in the 21st century.

And the Greens have made some inroads though not enough to gain seats – though they have a fighting chance in Bristol and Norwich.

But the general impression is a public still interested in political issues but disillusioned with politicians. The expenses scandal, and broken promises still resonate. The lack of trust can be shown by Cameron’s desperation in promising to frame in law his uncosted plans to promise no tax rises and Miliband’s promise to erect a stone monument in the Downing Street’s garden  featuring his election pledges.

My serious worry about this election is what happens next if politicians and political parties can’t garner the trust of the people.Siren voices are already suggesting getting rid of them and leaving the country-like much of society -to be run by business. The latest is Ministry of Sound man James Palumbo. His article in the Evening Standard is dangerous stuff. It suggests  simplistic solutions that would deny a proper debate about the issues. And there are real issues – but politicians have to level with the British people to regain their respect.

Janner: Good Call by the Goddard Inquiry

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Lord Janner Image courtesy BBC

Lord Janner
Image courtesy BBC

The decision announced today by the Goddard Inquiry to carry out a thorough investigation into the allegations against Lord Janner is good news. I had wondered why the inquiry had been so silent for so long following  the statement by Alison Saunders, the head of the Crown Prosecution Service, that Janner would have been prosecuted save from him suffering advanced Alzheimer’s Disease. Frankly it would have outrageous if the inquiry did not conduct a thorough investigation.

The full statement plus a Q and A  is on the inquiry’s website here .

It will remain to be seen how exactly this will be done and whether any of the evidence will be heard in public or whether the inquiry will publish a full report on it after the investigation. But the right things appear to have been put in place including ensuring that all the key documents are handed over to the inquiry.

Of course this decision comes at a time when the inquiry itself could face a judicial review for deciding not to appoint survivors and  its plans to limit access and powers of people appointed to its advisory committee.

There is also  the fact that as well as the review of the DPP’s controversial decision not to prosecute Lord Janner and any potential legal action to get the decision reversed that Goddard will not be able to proceed immediately.

But what is absolutely essential is that the scandal surrounding the failure to prosecute Lord Janner earlier by the police and the legal authorities is properly investigated and the survivors are given a chance to tell their stories. In the meantime we must be vigilant to ensure the right thing is done.

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Michael Mansfield QC Launches Judicial Review Of CSA Inquiry.

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Interesting comment from theneedleblog on Michael Mansfield’s bid for a judicial review of the Goddard Inquiry.
Sadly if this had remained an independent panel there would have been no bar to appointing survivors to serve on it. I warned this could happen but some survivors took no notice.
Also it is not well known that it is coalition policy to try and appoint an investigative journalist to work alongside other experts on independent panels. I should know because as a result of this policy I am currently serving alongside health and police experts on the Gosport War Memorial Hospital independent inquiry which is trying to get to the bottom of a series of unexplained historical deaths of elderly people at that hospital stretching for nearly two decades.

gojam's avatartheneedleblog

Here is the full press release. I’ll comment below.

Capture

The Chambers of Michael Mansfield QC supports the Survivors’ two grounds of judicial review. Firstly, that the Survivors of Sexual Abuse are excluded from membership of the Inquiry panel because of a claim that they will lack the necessary objectivity. It should be noted that this bar to membership of the panel in fact only targets Survivors who have disclosed their abuse; this of course serves only to punish and stigmatise Survivors.

Secondly, that the Victims and Survivors Consultative Panel (VSCP) involvement is so limited as to be meaningless. The VSCP was said to have been created to allow Survivors to participate at the centre of this Inquiry. Instead the VSCP will meet with the Inquiry team on two days per month and not have access to the Inquiry papers. Each of these decisions sidelines the participation of the Survivors. As…

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Lies, Damned Lies and Tory Jobless Statistics

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Misleading statistics for the dole queue.

Misleading statistics for the dole queue.

I see from the excellent Vox Political blog that a row has broken out over claims  by Conservative Central Office of big reductions in the number of jobless claiming benefit under the last coalition government.

The BBC reports a row over the way Essex Tory MPs are presenting falls in unemployment figures. The row concentrates on them using the claimant count. ( Jobseekers Allowance only) rather than the number of people seeking work who are not on benefit. This makes a huge difference to the numbers unemployed in constituencies.

Central Office defended their stance by saying : “This  (questions surrounding the use of JSA figures) is nonsense. This unemployment measure is provided by the independent House of Commons Library – and for constituencies they are the most up to date and most reliable numbers to use.They are used by MPs and candidates across the country, regardless of political party.”

However as readers of this blog will know this is not the true and accurate picture because since Iain Duncan Smith, the work and pensions secretary, introduced universal credit – those transferred from JSA and still on the dole  were no longer counted in the JSA figures. So where there are jobcentres already implementing universal credit in constituencies these figures were  much less.

So it is rather outrageous for Tory Central Office to quote the very House of Commons reports that reveal this as the correct interpretation of the claimant count particularly if they only use JSA..

The very latest statistics available have for the first time started showing both but the situation is a mess as this report  from the Commons library covering unemployment in February 2015 shows. For the first time it does try to show those on Universal Credit and those on JSA who are the dole – adding about 27,900 to the JSA total.

As  the report says : “From April 2013, some unemployed people attending certain jobcentres are claiming Universal Credit rather than JSA. Consequently, simply looking at the number of JSA claimants in the areas affected may not give an accurate reflection of the number of people looking for work. At the national level, the effect of Universal Credit on the total claimant count remains minor.”

But given the distortion between those on the dole in the prosperous South and less prosperous North these figures are still significant. In the North West of England it accounts for another 25,000 on the dole. In London it is just 400.

To make matters worse trying to breakdown accurate figures for the long-term employed and by age group is impossible at the moment. The figures are just not available.

As the report says: “Data on the number of Universal Credit claimants who are out-of-work by age are currently not published at the constituency level. However, data are available on JSA claimants by age.
In constituencies where Universal Credit has been introduced, the number of JSA claimants may not reflect the actual number of unemployed claimants in a particular age group.”

It adds: “Similarly, data on the number of Universal Credit claimants who are out-of-work by duration of claim are currently not published at the constituency level.”

So beware of false claims and people quoting official House of Commons documents to back them up. They are not necessarily giving the full picture.

Boris Johnson’s unlucky dirty tricks on the No 13 bus

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The Number 13 bus - not to be used by Boris for a dirty tricks! Pictire Credit: Commons

The Number 13 bus – not to be used by Boris for a dirty tricks! Picture Credit: Commons

Is there no desperate act a politician will stoop if his mate could lose his seat on may 7? Well Boris Johnson is prepared to do it to save Mike Freer, his Tory colleague standing for Finchley and Golders Green even it means telling porkies in the seat that once returned Margaret Thatcher and has a large Jewish vote.

Threatened according to another Tory peer and now eminence gris of the pollsters, Lord Ashcroft, with losing his seat to Labour’s Sarah Sackman on May 7, Boris thought he could perform a minor miracle and save a much loved bus route,the number 13 from Golders Green to Aldwych and swing the vote.

Unfortunately for him his success turned out to be a lie – because he has no power to do so particularly under the purdah rules in a General Election which forbids politicians ( and Boris is of course a Parliamentary candidate elsewhere) from taking controversial decisions for electoral gains.

This didn’t stop Mike Freer – see below – posing with Boris on his website announcing he had saved the Number 13.

As he says on his website:

” London Mayor, Boris Johnson, has today announced that the Number 13 Bus from Golders Green to Aldwych has been retained. The Mayor’s announcement follows a long-running campaign by Mike Freer to save the much loved service. Mike raised the issue of the 13 bus during the Mayor’s visit to Golders Green last week.

Mike comments ““I’ve already had a meeting with TfL and told them they were wrong and when Boris came to Golders Green recently I told him he needed to go back to the drawing board.

The proposals have been dropped and the number 13 is going nowhere. I’m very happy about it. It’s always useful when you can get things done.

“Being an MP you don’t always get your own way but sometimes you can get a result like this. Under Boris’s mayoralty, the number 13 is going nowhere.”

Err Unfortunately not true Mr Freer. That is not the story Transport for London are telling the people as this letter shows:

Dear Stakeholder

We recently consulted on proposals for changes to bus routes along Finchley Road and Abbey Road, which included the replacement of route 13 with alterations to routes 82 and 139. We received over 3000 responses to the consultation which is now closed. However, concerns have been expressed that the consultation has been partially undertaken during the pre-election period which runs until 7th May.

It is therefore our intention not to progress the scheme at this time.  The comments received from this consultation will however be used to inform future bus network planning in the Finchley Road and Abbey Road areas, and any resulting proposals would be subject to further public consultation.

 Yours sincerely

Peter Bradley

Head of Consultation

Transport for London

All that has happened is that Transport for London has already postponed the consultation until after the election – when it will come back again. No doubt Mr Freer hopes he will have been safely re-elected by then and of course will have no interest in any cuts that follow for his constituents.

Child sex abuse : Why Goddard must put the Lord Janner decision at the heart of her inquiry

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Lord Janner Image courtesy BBC

Lord Janner
Image courtesy BBC

I was expecting Lord Janner, the former Labour peer, to become the first prominent person to face charges for child sex abuse as a result of a plethora of current police investigations across the United Kingdom. It was quite clear from the attitude of both the Met Police and Leicestershire Police ( and it now appears Northamptonshire as well) that they had uncovered serious allegations against him dating back decades.

So in one sense it was not a surprise that the Crown Prosecution Service statement says that the Labour peer faced numerous charges.

They were following Operation Enamel ( the Leicestershire Police investigation) enough for the CPS to say “the evidential test was passed on the basis that the evidence is sufficient to have warranted charging and prosecuting Lord Janner in relation to the particular charges listed below; these relate to nine individuals:

  • 14 indecent assaults on a male under 16 between 1969 and 1988
  • 2 indecent assaults between 1984 and 1988
  • 4 counts of buggery of a male under 16 between 1972 and 1987
  • 2 counts of buggery between 1977 and 1988.

One of the victims has issued a statement through Leicestershire police. So the decision after four separate medical reports not to prosecute Lord Janner because he has Alzheimer’s Disease and is unfit to plead is devastating for all the survivors of the alleged abuse who will not be able to testify. It also must thoroughly frustrating for Leicestershire Police , who are understandably furious about the decision, after conducting such a thorough and forensic inquiry. It appears in the CPS’s view to have been done too late. There is a full report by my colleagues on the Exaro site.

At the moment we are left with an impasse over a high-profile  and contentious figure. His family can forever say he is innocent of all charges because it will not be tested in a trial. His victims and survivors can claim he is guilty and yet another member of the Establishment to escape justice for hideous crimes.

To make it worse both views are irreconcilable even among people who worked with him. Before this decision I had talked to two people who had closely worked with Lord Janner. One,a journalist, was utterly convinced that he was innocent and could not believe he would  do such a thing. Another,a politician, was highly suspicious about his behaviour with young men ( though he had never been propositioned himself).

New Zealand dame Justice Lowell Goddard pic credit: http://www.teara.govt.nz/

New Zealand dame Justice Lowell Goddard pic credit: http://www.teara.govt.nz/

If the CPS decision cannot be challenged it seems to me the only way for survivors to receive any form of justice is for Lady Goddard to step in and make this a central plank of her judicial inquiry. It has all the messy ingredients of the  current historical child sexual abuse scandal – missed opportunities, failed previous police investigations, a failure by the Crown Prosecution Service itself, and the convenient death or terminal illness of alleged perpetrators just when justice beckons.  A different scandal,involving Grafton Close children’s home in Richmond  the death of  the council’s former children’s home deputy manager,John Stingemore , just before his trial for child sexual abuse at Southwark Crown Court earlier this year, echoes Janner.. Again there were police failures, allegations were not followed up, and charges not made until years after the event.

Only a thorough examination of the entire documentation of the Janner saga and – as it is a judicial inquiry – testimony from people who people involved, including the survivors, social workers, the police, and for that matter Keith Vaz, the chair of the Commons home affairs select committee in the last session of Parliament- and a staunch defender of Janner in the past.

If Goddard fails to do this – it could also be taken up by the Independent People’s Tribunal- which is also now being set up and will provide an alternative voice to the official inquiry.

Justice has to be done and lessons learned. The biggest one involves any current allegations of child sex abuse – justice must not wait until the perpetrators are dead or terminally ill.

Not Welcome in Budapest: The disabled get a raw deal from Hungary

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Entrance to Budapest's ultra modern airport

Entrance to Budapest’s ultra modern airport

One of the worst incidents in the Second World War in Budapest was when Hungarian Fascists stormed the Jewish hospital in 1944 and butchered to death all its sick and disabled patients, and doctors and nurses. It is chronicled  in the excellent Jewish Museum in the City.

While I would not say modern Hungarians are as brutal towards disabled people now, their attitude was still described as ” being in the Middle Ages” by the manager of the Jewish Museum.It shows in a  lack of regard to help even if facilities are provided.

The most outrageous example is the country’s national airport outside Budapest. As you can see it is a modern airport. All airports I have used since my wife had a stroke and lost her mobility provide a decent and efficient service.

But Budapest Airport was different. Like all international airports it has a help line at its entrance but in this case it was worse than useless. When I contacted the people for a wheelchair they said they would assist but only when the person had checked in at the British Airways desk. when I pointed out that this was not normal practice, they said it was standard practice at the airport.

I complained to the Viking River Cruises rep ( we were coming to an end to a very well organised Viking cruise down the Danube from Nuremburg) she was little better. She said it was also the airport’s policy and she could do nothing about it. She then said she had to meet another coach party and left. When I pointed out that this made it very difficult for the disabled to use the airport and wouldn’t want to visit Hungary she suggested they came by train.

We then had to queue up for 30 minutes to get to the check out and if ti had not been for the help of two other kind people on the Viking trip, Polly and Russell Dymock, I would have had to leave my wife stranded. As it was I was able to go away and purloin a chair from  a cafe so at least Margaret could sit down in the queue.

When we got to the check out they did summon assistance but we still had to walk across the airport to some designed seats for  disabled people – which were being used by able bodied people at the time. the airport has hardly any seats. If my wife had not been recovering her mobility – so she can walk short distances I don’t know what we would have done.

Budapest airport concourse - npote the lack of seats and how far you walk to check in.

Budapest airport concourse – note the lack of seats and how far you walk to check in.

We also had a bad experience during our visit to the Great Jewish Synagogue in Budapest which does have a disabled toilet. But unfortunately the two women attendants were occupying it as their own rest room and had blocked the entrance with a mop. When I remonstrated about this they just laughed and obviously thought disabled people were joke figures. We complained to the manager of the synagogue and found that this had happened before. She admitted that in general Hungary was living in the Middle Ages in its attitude towards disabled people – and promised the two would be disciplined about it.

We managed to use trams and buses in the city – believe it not, Mr Farage,because Hungary is in the EU , all pensioners from EU countries can travel free on them – and people gave up their seats for her when they saw she was in difficulty.

Frankly it is time Budapest was forced to change its attitude – and the airport to change its policy. Hungary relies on tourism to boost its economy – and big tour operators like Viking could put pressure on the authorities to do so. They should do so They have the clout and should use it. Disabled people deserve dignity and help wherever they are.