The Great £300m Probation Bail Out: You Pay, They Prey

Richard_Heaton

Richard Heaton, permanent secretary Ministry of Justice. Pic Credit: wikipedia

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On Wednesday two very highly paid civil servants £185,000 a year Richard Heaton, Permanent Secretary, Ministry of Justice and £190,000 a year Michael Spurr, Chief Executive, HM Prison and Probation Service will appear before MPs to explain their latest botch  up  – the privatisation failure of parts of the probation service.

I hope MPs on the Commons Public Accounts Committee will not only be briefed by the excellent National Audit Office report  and investigation into the failure of Community Rehabilitation Companies – the fancy name for profit making companies like Sodexo and Seetec.

They should also read the coruscating report by Dame Glenys Stacey HM Chief Inspector of Probation and Peter Clarke  HM Chief Inspector of Prisons last June on the performance of these companies and their failure to either help ex offenders go straight or protect the public from child abusers and  perpetrators of domestic violence.

This sorry tale goes back to 2015 when Chris Grayling ( he of the  current Virgin rail privatisation botch ups)  was Justice Secretary and thought it a brilliant idea to privatise swathes of the probation service for prisoners serving 12 months or more who were at low risk of self harm.

Michael Spurr

Michael Spurr, Chief Executive of the Prisons and Probation Service. Image credit: Channel4

From the very beginning they bungled it. They planned to give the 21 companies £3.7 billion until 2022 to handle and help large numbers of prisoners. The companies planned for this but Whitehall  had overestimated the number of low risk ex offenders leaving prison and underestimated the number of high risk ex offenders who are still being helped by the publicly run probation service. As a result the companies would only get £2.1 billion.

So of course now the companies are in deep trouble facing losses of  £443m by 2022. So what do these top civil servants do. They give them more  of your cash to help them with their profit margins.

They have had a £42m bail out for dealing with fewer offenders in 2016 and another £22m to keep the companies going while the ministry kindly re-negotiates their contracts  to deal with fewer ex prisoners.

It has now agreed to pay another £278m up to 2022 but has changed the terms of contract so the private firms will get even less money if any of the released prisoners re-offend.

Now if you read the inspectors’ report on the performance of these companies, this is a sick joke. The inspectors think their provision is so bad and useless that they might as well not exist.

They said: “Clearly there is more time for resettlement work with these prisoners, but CRCs are making little difference to their prospects on release. We found them no better served than their more transient fellow prisoners were some eight months ago. The overall picture was bleak. If Through the Gate services were removed tomorrow, in our view the impact on the resettlement of prisoners would be negligible. ”

But not only are they useless but they could be a menace to society. They were so bad at rehabilitating prisoners – they spent their time sitting at desks  writing up reports on the computers – rather than helping them face to face. Some prisoners left to become homeless with little chance of getting a job.

But more seriously they let out child abusers, violent individuals who had beaten up their partners and drug addicts putting their victims at risk by having no proper supervision or rehabilitation plans.

In my view this £300m would be better spent funding refuges for victims of domestic  violence ( in desperate short supply) or linking it back to the publicly run service.

You are paying for these companies to prey  on the taxpayer without  delivering any decent result and also allow  released criminals to prey on  their victims by their failure to rehabilitate them. No doubt the two highly paid civil servants will distance themselves from their failed policy  when they appear before MPs on Wednesday

 

 

 

 

 

 

Time to bin Keep Britain Tidy

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Time for Keep Britain Tidy to be put in the bin

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Nearly three years ago Parliament produced a damning report saying England was one of the worst developed countries in the world for litter and fly tipping. Worse than most of the rest of Europe, worse than Japan and worse than the United States and Canada.

Furthermore this situation has remained the same for 12 years under successive Labour, Coalition and Tory governments. And this is despite tens of millions of pounds of taxpayers money being poured into the former quango Keep Britain Tidy to provide leadership to tackle this problem.

The deregulatory coalition government of Tories and Liberal Democrats  thought they would find a solution by abolishing the quango and turning it into a charity  which now has to raise funds from cash strapped local authorities and big business.

The knee jerk reaction of a Left minded blogger might be to persuade an incoming Labour government to push taxpayer’s money back to Keep Britain Tidy. But after an investigation looking at its precarious finances and its rather lacklustre approach to tackling the problem this would be the worst thing it could do.

The real problem is that successive gutless ministers of all parties  (perhaps they have at the back of their minds that they could take lucrative directorships after leaving politics)  won’t tackle the real cause of much of our litter – the  products of big multinationals like McDonalds and Wrigley’s and the tobacco companies –  who take no or little responsibility for the problem.

There is a parallel here  with  Her Majesty’s Revenue and Customs – who connive with big multinationals to avoid paying their fair share of tax which would go a long way to providing better public services and a cleaner  public space.

There is a simple solution here either these companies pay up for a clean up or the Government levies a tax on them ( not us) to employ someone else to do it. I bet the firms would come up soon with some innovative solutions to avoid either.

Now why have I concluded that Keep Britain Tidy is a no no solution  despite being told by some people that its  new director,Allison Ogden-Newton is much livelier than her predecessor, Phil Barton.

The charity has a guilty secret. It has a pension deficit of  £4.5m  for a closed scheme on a turnover of just £5m and assets worth £2.5m. For some private companies this  could lead them to cease trading.

The 2015-16 accounts lodged with the Charity Commission say :

 “The pension deficit as at 31st March 2016 is £4.511m. Future contributions to the scheme have been negotiated with the Trustees of the scheme.
The Company is the principal employer and paid approximately £131,000 to reduce the deficit this year. Keep Britain Tidy will continue to make contributions in line with terms agreed at the last triennial review until any new scheme of payments is agreed. In the financial year to March 2017 it will pay approximately £134,000 towards reducing the deficit in addition to the scheme running costs of approximately £72,000.”

 

The report reveals that the trustees – who would be liable if  Keep Britain Tidy went bust – certify it is a going concern. But to do this they have had to put aside £2m – equivalent to six  months operating costs -to ensure that it stays afloat.

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Allison Ogden-Newton, new chief executive of Keep Britain Tidy

When I put this to the charity – who first ignored my request – I got this reply from Ms Ogden-Newton.

 “Our Annual Accounts have been audited by RSM UK Audit LLP and a clean audit opinion has been given. Standard audit procedures include an assessment of Keep Britain Tidy as a Going Concern and this specifically includes an assessment of our ability to meet the agreed pension scheme contributions. No issues were raised in this respect.
 “We have an agreed schedule of contributions between Keep Britain Tidy and the Pension trustees in order to address the pension deficit and this has also been submitted to the Pensions Authority whom have accepted this plan.
 “To that end we and the relevant authorities consider our agreed repayment programme to be satisfactory and sustainable for both the fund and Keep Britain Tidy.”
Now that is all well and good – but I don’t believe it doesn’t restrict its activities. It has got some income from the 5p levy on plastic bags ( notably £500,000 from Lidl) but as a Defra paper reveals most private companies use the levy to fund other worthy causes whether it is the Alzheimer’s Society, the Woodland Trust, animal welfare or Kew Gardens.
The other major reason why Keep Britain Tidy does not seem to be working well was shown up when MPs questioned the former chief executive at the Commons communities and local government committee.
 He was taken apart by MPs of all parties in an evidence  session.
He produced figures which he couldn’t defend, evidence that MPs found flawed and finally admitted that Keep Britain Tidy refused to talk to the tobacco industry. Given cigarette stubs are a source of litter MPs found this extraordinary.
Clive Betts MP

Clive Betts MP, chair of critical House of Commons report on the state of England’s litter.

Clive Betts, the Labour chairman of the committee, also made this observation.

 ” Frankly Keep Britain Tidy was not a main part of our report or inquiry,. We were more interested in some of the innovative work down by local authorities to tackle fly tipping and litter.”
 Now this is really damning with faint praise given Keep Britain Tidy was meant to be the leadership body.
Since then nothing has improved much. A House of Commons library briefing on litter last July said this :
“Levels of litter in England have hardly improved in over a decade and 81% of people have said they are angry and frustrated by the amount of litter in the country. Local government net expenditure on street cleaning (which includes but is not limited to clearing litter) in 2015/16 was £683 million.”
It also clear that by dividing up responsibility between four Whitehall departments doesn’t work. Perhaps the Cabinet Office should take over responsibility for a national litter strategy. At the moment neither Keep Britain Tidy nor the various ministries seem capable of negotiating with a paper bag.

 

Blog in 2017: The Grenfell tragedy has resurrected the madness of fire privatisation

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Grenfell Tower: The next morning Pic credit: Wikipedia

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This year my small news site received an extraordinary boost from a five year old post which appeared to have been regenerated by the Grenfell fire tragedy.

The Grenfell disaster showed the bravery of the London fire brigade in tackling such a grim scenario. Heroism and extreme tragedy side by side.

The post that got revived in the wake of the fire was the almost unbelievable story of how an Old Etonian baronet living in a semi in Wellingborough, Northants had got his hands on the management of London’s entire fire engine fleet for £2. It is probably still the most egregious act of privatisation in this country. He of course had to hand it back after a few weeks as he couldn’t run it.

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Sir Aubrey Brocklebank: Sacked by the London Fire Brigade; Picture courtesy Daily Telegraph

The public authority had been powerless when the dodgy private company they gave the contract to maintain the fire engine fleet- Assetco London – handed over  London’s fire service to the baronet as the directors realising the game was up and fled the scene.

The good news here – though it has never been reported  by mainstream media-  is the authorities in their own slow way are ensuring the perpetrators get their just deserts.

Grant Thornton , the auditors for Assetco, have been fined  £3.5m (reduced to £2.275m  after they co-operated with the Financial Reporting Council) and found guilty of no fewer than 12 cases of professional misconduct.  The details are in this blog.

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Assetco’s John Shannon stands astride two London fire engines

Robert Napper, the individual accountant  responsible for auditing Assetco was fined £200,000, reduced to £130,000 after  he co-operated  with the inquiry. He had already retired but I traced him to an Oxfordshire village enjoying his expensive wines. 

Now Assetco directors John Shannon, Raymond ” Frank ” Flynn and Matthew Boyle are to face a disciplinary tribunal by the Financial Reporting Council on January 15. The statement is here.

The press release reads: 

“The Formal Complaint contains multiple allegations against each of Mr Shannon, Mr Flynn and Mr Boyle. The Formal Complaint includes allegations they acted dishonestly or recklessly; that they breached the fundamental principles of integrity and objectivity in the manner in which they prepared the financial statements; and that their conduct fell significantly short of the standards reasonably to be expected of members of Chartered Accountants Ireland (CAI). The complaint covers a wide range of issues which pervaded AssetCo plc’s financial statements.

Some idea of what was going on has already been covered on this blog. Don’t hold your breath that the London Evening Standard will cover the story.

The original blog attracted over 2,500 hits when it was published. This year it topped my ratings with over 14,700 hits – showing that readers are interested in such issues.

Altogether over five years it has received some 20,000 hits.

The other stories have been posted on both my blog and byline.com – so the figures on my blog will be a small proportion of the number of hits on the stories.

The second highest hit from readers tells the heroic story of a London Midland train driver whose quick reaction in nine seconds prevented a commuter disaster near Watford. It  came out in an accident report and had over 5170 hits and can be read here.

ConservativesTwo stories about the plight of the Conservative Party also rated highly. A story revealing that membership of the Conservative Party had plummeted to 100,000 attracted nearly 5000 hits and one on changes to the Tory Party constitution attracted well over 1700 hits. The two blogs are here and here and on Byline here and here.

The real block to enormous boundary changes in Parliamentary constituencies is the DUP and this blog  and byline.com disclosed this last July. The links are here and here. 

On my site it got 2600 hits – mainstream media have finally followed it up last week but put the blame on Jeremy Corbyn instead.

Also popular was a blog on how secret influencers are bankrolling right wing  think tanks by the organisation Transparify . This attracted over 2400 hits on my site and the links are here and here.

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Dave Prentis, general secretary, Unison Pic Credit: Twitter

The attempt to force Unison to rerun the election for the general secretary Dave Prentis also attracted a lot of readers. Again the public hearings by the Certification Officer received no coverage in mainstream media except the Morning Star. All the blogs received over 1000 hits – the largest being  over 1850 hits for a blog publishing the statement of a former union official who accused the union of ” anti Democratic practices”. The link is here and here. 

The issue is not quite over as a judge is due to hear the opponent’s case again  for an appeal on February 8.

Three other issues made the top slots – the  bonus payments to top DWP civil servants who set up the hated Universal Credit payments which I also wrote up for the Sunday Mirror; the scandal of 3.3 million pensioners who will have to wait years for the state pension and the prospect of two Tory Lord Chancellors facing legal action for institutional racism over the appointment of judges and tribunal members.

All this has to show that there is a  public appetite for investigative journalism and the mainstream media are increasingly ignoring important stories by sticking to a narrow agenda. Much more to come in 2018.

 

 

 

 

Have the Tories already sold our future green investments down the dump?

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Safeguarding UK green interests?The five new trustees of the Green Purposes Company – James Curran,Trevor Hutchings, Tushita Ranchan,Robin (Lord) Teverson and Peter Young. Pic Credit: Green Purposes Company

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The present government has two song sheets. One is that Britain must big up everything we do to become a ” world leader ” after Brexit. The second is that we must do everything we can to cut the deficit – whether it is fresh benefit cuts or selling off anything the government owns as fast as possible..

The two came into conflict recently with the sale of the Green Investment Bank – and the deficit cutters won. The story of the sale of the Green Investment Bank is told in a recent report by the National Audit Office. Unfortunately the detail  did not lead to much coverage in mainstream media which is why I am writing about it now. I have written a news story for Tribune magazine.

The deal which has allowed the sale to go ahead to Australian private equity bankers Macquarie for £1.6 billion is at the lower end of the its worth and without waiting for returns from big wind farm projects which are still under construction with public money.The NAO said this could have netted another £63m. This is the same company, by the way, that owns Thames Water, responsible for some of the worst pollution in the River Thames and also locally on the Wendover Arm of the Grand Union Canal (see an earlier blog).

The companies  behind the sale did very well. The business department paid out a £1.1m success fee to Bank of America Merrill Lynch and a retainer of nearly £300,000 for completing the sale – part of a bill for £4.5m to sell the bank.

Macquarie picked up the bill for another £5m success fee paid  to UBS by the Green Investment Bank itself to handle the sale.

The Department appointed Herbert Smith Freehills (HSF) to act as its legal adviser for the sale. HSF’s fee increased from £1 million to £2.36 million owing to the extended period required to complete the sale, the need for advice on restructuring GIB, the retained assets, the special share arrangements and judicial review which failed to challenge the sale.

Altogether Macquarie paid over £10m of the state bank’s fees to get their hands on the state bank. But what did they get in return?

An article in the This is Money website gives us a clue. It shows the government removed the restriction that the Green Investment Bank should only concentrate on the UK so Macquarie  could make money  worldwide and ignore the UK if it wanted. Greg Clark, the business secretary, personally signed this concession.

Macquarie of course denies this pointing out that it had invested £38m in a West Yorkshire waste from energy  from waste project and insisting it will be a big player in the UK and Europe.

But events since the take over suggest otherwise – and there is no guarantee either that it will continue to focus only on green energy. Greg Clark let the bank get away with a non binding public statement to finance green projects for the next three years and the setting up of a trust – the Green Purposes Company  -which could shame the new owners if they fail to keep to their pledge.

The evidence of backsliding comes from the trustees. In theory they have powers to prevent changes to GIB’s green purposes, but this does not extend to control of, or input to, investment decisions.

The five trustees are independently appointed and seem to be sound environmental figures. They include James Curran, former chief executive of the Scottish Environmental Protection Agency, and Lord Teverson, a former Liberal Democrat energy spokesman.But they are not paid to monitor such a big private equity company and a check on the website of the Green Purposes Company does not give much comfort either.

It reveals the first project  is in Sweden – with a 300 million Euro investment in what will be Europe’s largest onshore wind farm joint with the US listed company GE which is in financial trouble in the United States.

The second is in a £30m investment in solar power in India – admittedly with a UK solar park company, Lightsource, partly owned by BP. The company is concentrating on green power in the Middle East, Asia and Europe as part of its partnership with BP.

And the third investment will  be a 136 million Euro energy from waste scheme in Dublin, jointly run by a New Jersey incineration company, Covanta.

So far the new bank has invested £38m in the UK and over £400m (partly with GE) abroad.

The NAO conclude in their report  the future direction of GIB’s investment focus and its relationship with the trustees remain untested. From the first four projects it seems quite clear that the UK will be on the sidelines. The 436 million Euro investments will be great news for Donald Trump’s ” America First ” policy but not such great news for Theresa May.

 

Are you a terrorist if you have a copy of the Vietnam protesters’ Anarchists Cookbook ( published 1971)?

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The Anarchist Cookbook: Are you a terrorist if you have it.

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Imagine you have a dog eared copy of an old book that told  you various pranks, how to make fireworks and home made bombs and cheat credit card companies. Or you have recently bought one off Amazon.

You would not expect owners of  The Anarchists Cookbook to be front line terrorists in the age of Isis. Yet this precisely what the Crown Prosecution Service and a Birmingham high court judge thought when they tried  27 year old Josh Walker, a University College,  Aberystwyth student for borrowing a copy of it for a  student role playing game.

He was charged under the Terrorism Act, 2000, which when MPs challenged the then home secretary, Jack Straw, about the breadth of the act – he told them

” we can all invent hypothetical circumstances—fantastic circumstances—in which any of us, according to the criminal code, could be charged and subject to conviction; but there is no point in our doing so.”

…”Such circumstances therefore do not arise, and I do not believe that they ever will”

Not so Mr Straw. As it is the jury decided to acquit him after three days. But one wonders if the person – given the current climate had been a Muslim rather than white British it would have gone so easily.

And no doubt people wanting to reinvent Reds under the Beds will soon start asking how  many members of Momentum have  such books or ordered them from Amazon. For those wanting to relive the 70s entryism I expect they will take it is as their litmus test and ring the Daily Mail.

The full  story is on the excellent Inforrm’s Blog and is also reproduced below:

Is your library criminal? – Joel Bennathan QC

In 1999 the Home Secretary, Jack Straw, was presenting what was to become the Terrorism Act 2000 to the House of Commons. Answering a challenge about the breadth of its terms he said:

“Of course, we can all invent hypothetical circumstances—fantastic circumstances—in which any of us, according to the criminal code, could be charged and subject to conviction; but there is no point in our doing so. We know that, in the real world in which we live, the criminal law is subject to a significant series of checks and balances, including proper invigilation by the courts of the land and control of the Crown Prosecution Service by Members of Parliament who are answerable to the House of Commons and the other place. Such circumstances therefore do not arise, and I do not believe that they ever will”.

Tell that to Josh Walker; in the summer of 2015 he was organising a student role playing game at his university in Aberystwyth. To make it more real he signed into his student library internet account, searched and printed off a partial copy of the Anarchist Cookbook, a ragbag originally produced in early 1970s USA containing a mix of pranks, firework and bomb recipes and tips on how to make free phone calls and cheat the US credit card companies. He could have bought a copy off Amazon, but didn’t bother. At the end of the game the students planned to destroy all the paperwork but Josh forgot and ended taking the partial book and some other random papers home. A year and a half later they were found in the drawer under his bed.

In the meantime Josh had seen what was going on in Syria and flown out to help the Kurdish groups who were fighting against ISIS. He came home in December 2016 and was arrested as police tried to work out what he had been doing in the Middle East; he was not charged for helping the same group that the Americans, the French and the UK are assisting, but a police search of his Aberystwyth bedsit found the book and 10 months later he stood trial in Birmingham Crown Court, accused of possessing information likely to be useful to a terrorist, under section 58 of Jack Straw’s 2000 Act.

No one said Josh Walker was going to make one or more of the bombs described in the book. No one said he knew any terrorists. No one said there was any sensible prospect of a terrorist looking in the drawer under the bed in his room. Yet the terms of section 58 don’t require the person owning the book to be a terrorist, nor that their copy of the book might fall into the hands of a terrorist; if the information in the book is such as is “likely to be of use to a terrorist” the owner is guilty unless he or she has a “reasonable excuse”.

It wasn’t meant to be this way. Jack Straw thought he was passing a law that would only be used to stop terrorism. The House of Lords in the appeal of G seem to have been told the offence would not be used against books such as an “A to Z” and placed great faith in prosecutors who are “very familiar with the need to exercise a wise discretion in deciding whether taking proceedings would ultimately be in the public interest”. Tell that to Josh.

And so, on 23 October 2017 Josh Walker and his legal team turned up at Birmingham Crown Court. An application was made for the trial Judge to halt the prosecution on the basis it was an unjustified interference with both common law rights and the European Convention right to “receive information”, and that the Director of Public Prosecutions’ consent to the case proceeding should never have been given. The Judge refused and the trial started. Three days later a Birmingham jury decided that a student owning a book with no intention to harm anyone was a reasonable excuse and Josh Walker was found not guilty.

Questions remain. What was the public interest in prosecuting this case in the first place? Do Jack Straw’s assurance to Parliament and the expectation of the Law Lords in G count for nothing? And if the CPS wishes to criminalise a book, why not pick on someone their own size, like Amazon, instead of a student on legal aid who had risked his life fighting terrorists in Northern Syria? Someone really ought to ask the DPP.

This post originally appeared on the Doughty Street Chambers website and is reproduced with permission and thanks

Exclusive: Supreme Court ruling opens way for legal action against Michael Gove and Liz Truss for racial discrimination and victimisation

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Liz Truss former Lord Chancellor Pic credit:BBC

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UPDATE: At a Press Gallery lunch in Parliament last week I raised the issue of the Supreme Court ruling and the potential case to be brought by three judges with David Lidington, the current Lord Chancellor and Justice Secretary.

He did not want to comment about the Supreme Court judgement or any pending legal action but he vigorously defended any of the judges from institutional racism. He said it would be against their ” oath of office” and  believed all of them would be  fair minded and ” in no way racist.” He did admit that the judiciary did not have enough judges from black and ethnic minorities and promised a ” mentoring programme” so more top barristers would come forward and become judges.

Michael Gove and Liz Truss, two former Lord Chancellors,  the former lord chief justice, Lord Thomas, six High Court judges and  heads of the tribunal services are facing lthe prospect of legal action for victimisation and racial discrimination by three fellow black and Asian  judges and a black former tribunal member following a ground breaking ruling by the Supreme Court. An article appears in this week’s Tribune magazine. the link is here.

The virtually unreported Supreme Court judgement last week, which involved interpreting an EU equality treatment directive, is seen by campaigners as removing immunity claimed by the Ministry of Justice, the Metropolitan Police, magistrates and tribunal bodies, barristers, solicitors, doctors and dentists disciplinary bodies, from the Equality Act when handling misconduct inquiries.

It will also apply to disciplinary hearings involving sexual and gender discrimination and disabled people.

The original case was brought by a disabled black woman police officer, known as Ms P against the Metropolitan Police. She claimed discrimination because of her disability during a disciplinary and misconduct hearing.  She had previously been assaulted and was then involved in an incident which led to her arrest. She claimed post traumatic distress syndrome following the assault had led her to act in this way.  The panel rejected her claim and she was dismissed immediately.  She appealed to an employment tribunal  saying she had been  subject to disability discrimination but it struck out her case because it ruled that the panel was exempt from the Equality Act.

Her case was turned down by the lower courts but they have now been overruled by the Supreme Court. At the hearing her case was joined by four black and ethnic minority organisations, Operation Black Vote, Black Activists Rising Against the Cuts (BARAC UK) the Society of Black Lawyers, and The Association of Muslim Lawyers who asked for a ruling on civil law in this case.

pete rherbert caseThe ruling has had an immediate impact on four other cases involving racial discrimination and victimisation brought by three judges and a tribunal member that had been stayed at employment tribunals because the Ministry of Justice said it had immunity under the Equality Act.

These involve cases bought by Peter Herbert, a recorder and part time immigration and employment judge and chair of the Society of Black Lawyers; Daniel Bekwe,of African descent,  a former member of Croydon Employment tribunal; a district judge and an immigration judge, who plan to go public at a later date.

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Recorder Peter Herbert who is also chair of the Society of Black Lawyers. Pic Credit: Operation Black Vote

Mr Herbert said: “We met last night and decided that our solicitor will write to the Employment Tribunal asking for the stay to be lifted and the hearing re-opened following the supreme court’s judgement. We hope to get a hearing in December.”

Dianne Abbott, the shadow home secretary, is planning to raise questions with ministers on the judgement.

Groups were jubilant following the ruling. BARAC said: “Today’s important ruling we believe, means that Judges, Magistrates, lay tribunal members, barristers, solicitors, doctors, dentists, nurses and other professionals and office holders cannot be prevented from enjoying the full protection of the Equality Act 2010. We are writing to the MoJ and the Government to ask them to clarify all those professions where this ruling will apply.”

Lord Herman Ouseley, former Chair of the Commission for Racial Equality and the Chair of Kick It Out stated:

“There should be no hiding place in the form of judicial immunity for decision making bodies, decision makers and their processes enabling institutions to lawfully discriminate and not have these decisions challenged by those persons affected.
Too many attempts have already been made by the state to restrict access to and
therefore deny justice for individuals rightfully seeking to invoke the provisions of the
Equality Act 2010. No more denial of Justice”

Lee Jasper, former adviser to the Mayor of London on Equality, Chair of London Criminal Justice Consortium stated:

“The filing of an amicus brief indicates a renewed determination by British black organisations to embark on a focused legal strategy to achieve civil rights and equality. The notion of legal immunity from the Equality Act 2010 will now be the subject of intense legal examination. The black WPC at the centre of this case has been to hell at back at the hands of the Metropolitan Police, suffering the triple oppressions of race, gender and disability.”

“ Those involved in the suspension of Recorder Peter Herbert can now be exposed as exercising institutional white privilege,   as they had been given cover by the
Government relying on the misguided concept of judicial immunity to give licence
to institutional racism. ”

The decision  by the Supreme Court will have enormous ramifications for disciplinary panels. But there is also  extraordinary irony as well. This case could be appealed by the Metropolitan Police or the Ministry of Justice to the European Court of Justice.

But given the entire  stance being taken at the Brexit negotiations where the ECJ is a red line for ministers – it is the one thing that the government can’t do.

Meanwhile the Equality and Human Rights Commission has indicated it wants to make sure the government doesn’t sneakily change the law once we have left the EU.

EHRC Chief Executive Rebecca Hilsenrath said:”This case goes to highlight the importance of EU law in protecting fundamental rights. This is why we are pressing for amendments to the Withdrawal Bill to protect our rights under the Brexit process.”

A summary of the Supreme Court judgement is here.

Hillsborough Families:Patronised to death by the disdain of the powerful

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A Liverpool football shirt commemorating Hillsboough. pic Credit: itv.com

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While Westminster was yesterday swirling with tales of sexual harassment by powerful ministers and MPs and the arrogance of a government that won’t tell us what will be the real effects of Brexit, a calm but hard hitting report was published on what had happened since the revelations of the Hillsborough disaster.

The scandal of the deaths of 96 Liverpool fans who went to watch a football match 27 years ago is well known and now well documented following the Hillsborough Independent Panel which  exhaustively looked at what happened.

Since there are now criminal proceedings against people following the disaster I am not going to rerun  who was to blame for these needless deaths but concentrate on what yesterday’s report was about – what should be done.

There are many reports exposing what goes wrong. There are fewer reports proposing how to remedy serious shortcomings. There are even fewer that  demand a cultural change in British society.

This is one of them. The gruesome testimony in this report of the families who lost loved ones well before their time demands nothing less than a radical change in the way the ruling elite view ordinary people.

People caught up in a tragedy are confused, distraught. angry and suffer lifelong angst   and the last thing they want are people in power who frustrate, ignore, belittle or patronise them for wanting to know what happened to their loved ones. The Hillsborough families also had to put up with  very public denigrating coverage from the Sun  which has never been forgiven in Liverpool.

This report shows a way  change can come and outlines the legislation needed to get it done. The recommendations – if implemented in the right spirit – would make a radical change in the way society coped with  the aftermath of disasters – whether it is Hillsborough or the Grenfell tower fire tragedy.

The proposals go from introducing a ” duty of candour” for police officers to tell the truth, providing proper legal aid for ordinary people attending inquests so they can really participate in the proceedings and a special charter for families who suffer bereavement in a major tragedy like Hillsborough.

It also wants to make sure authorities don’t destroy vital documents to avoid public scrutiny, better training and evaluation for coroners, a review of the  effectiveness of  the pathology services and the way death certificates are issued. Nor should public bodies use public money to their advantage to outspend ordinary people trying to get to the truth.

Two other things should be said. Theresa May, whom I may  disagree politically, should be commended for commissioning this. She could easily have walked away once the Hillsborough Panel had done its work. Liverpool football fans are not her natural constituency. She will be even more commended if she decides to implement its findings.

There is also an remarkable passage in the introduction from the  report’s author, the Right Reverend James Jones, the former bishop of Liverpool and chair of the Hillsborough Inquiry which sums up the spirit of the report and what the families have suffered. It is worth quoting in full :

“I also wanted to set on record a recurrent theme that has been present, either implicitly or explicitly, in many personal conversations that I have had with families and survivors over the past 20 years.

“It is one that they have often been reluctant to raise not least because of public and political indifference to the subject and perhaps out of fear that it would add
to the lack of empathy that they experienced. The disaster, the aftermath, and the struggle to be heard for over quarter of a century have had an adverse effect on the mental and physical well being of both families and survivors.

“Depression, marital breakdown, family division, mental illness, unemployment, premature death and even suicide have featured in the Hillsborough narrative. Hopefully society’s increasing awareness of the issues of mental health will lead to a more sympathetic understanding of what they have endured.

“People talk too loosely about closure. They fail to realise that there can be no closure to love, nor should there be for someone you have loved and lost. Furthermore, grief is a journey without a destination. The bereaved travel through a landscape of memories and thoughts of what might have been. It is a journey marked by milestones, some you seek, some you stumble on. For the families and survivors of Hillsborough these milestones have included the search for truth, accountability and justice. But even these are not the end of the road.They are still travelling. And this report is another step along the way.”

You can read the report for yourselves here .