Eco or ego Legacy Ltd: How a Labour peer was caught in the crossfire of an Irish company brought to its knees by ” mismanagement and intransigence “

Baroness Mary Goudie Official Portrait pic credit: parliament.uk

Last week the House of Lords Conduct Committee recommended Baroness Mary Goudie, a Labour peer, be suspended for six months from Parliament for entering a consultancy with an Irish eco company, which was declared late and providing advice to the firm who they should lobby in Parliament.

Normally this blog would condemn utterly any public figure who sells their expertise in Parliament for financial gain but there seem to be some rather peculiar circumstances in this case that make this judgement unduly harsh. Yes Baroness Goudie should be punished for breaching the Nolan code of conduct but her actions pale into insignificance compared to the behaviour of the bust company itself.

Obviously the role of the company is outside the remit of the House of Lords Conduct Committee but researching the history of this short lived firm reveals an extraordinary saga of events and Baroness Goudie seems to be left taking the rap.

For a start the case against her has been brought SIX years after the event in Parliament and FOUR years after a petition in the Dublin High Court forced it to go bankrupt. And the complainant has turned up with six year old emails, her consultancy contract worth 20,000 Euros over 10 months and internal corporate details of what she promised to do for them. It would suggest the person was either a member of the firm or knew someone there.

Parliamentary meetings never took place

She did plan to facilitate a meeting in Parliament where the directors could lobby an MP who belonged to an all party group on funerals and bereavement and write to the permanent secretaries of DEFRA and the Ministry of Justice. But the meeting never took place and the MP met the directors of ecoLegacy without Baroness Goudie being there. And there is no trace of any letter ever being written to the permanent secretaries.

Wrongly used the House of Lords library to help company

She wrongly used the House of Lords library to prepare a report for use by the company but as to be explained later it really didn’t tell them anything as the firm was using a new untried technology for cremation. Nor did she use debates in the Lords to promote the firm but was very late in registering her interest.

Now if we examine the firm its management record is appalling. It describes its business as “Provider of alternative processes to burial and cremation. The company offers burial and cremation alternatives that turn human deceased bodies into calcium and carbon powders and returns the powders in a biodegradable urn and seed which can be grown as a tree, helping families to remember their loved ones who departed.”

This sounds a lovely eco-friendly idea and the directors sought huge sums from wealthy American investors in ” start up ” schemes promising good returns. By the time it went bankrupt according to the Irish Business Post it had raised 7.2 million Euros and was running at a big loss.

Judge Deirdre Murphy at the Kennedy Summer School. Pic credit: Kennedy Summer School

The most devastating critique came from an Irish Judge Deirdre Murphy when she heard a petition from The William Jay Gencarella Family Trust, based in the US, in 2018

Her judgement read: “Two founding members of the company Tony Ennis and Brian McKimm, featured extensively in the evidence adduced on the hearing, both on affidavit and on cross-examination, but neither provided direct evidence to the court. The hearing was not so much “ Hamlet” without the prince as “ Two Gentlemen of Verona” without the two gentleman. During the course of the hearing there were allegations and counter-allegations that both had misappropriated company funds over the years. The court has the impression that in many respects the hearing of this petition was a proxy war between the two founding members, in which the petitioner has been ill-served and was liable to suffer collateral damage.”

She “appointed Declan Taite as liquidator to EcoLegacy Ltd which she said had been “brought to its knees” by the “mismanagement and intransigence” of one of its founders, Tony Ennis.

In another case before a judge in Dallas, Texas, three groups, Fox Bend Development Associates, Ltd., Fred and Michele Secker, and Jeffrey Hicks Trust 2005, sought to sue ecoLegacy. The citation reads: ” that Ennis made fraudulent misrepresentations and omitted material facts in soliciting Plaintiffs to invest a total of $3,250,000 into ecoLegacy. Plaintiffs assert claims for fraud, negligent misrepresentation, violation of Texas and federal securities laws, and costs and attorneys’ fees. “

Ennis got the case dismissed because there was an arbitration agreement built into the contract.

Was the project just a piece of Irish baloney?

The question must be asked whether the whole scheme was just a piece of Irish baloney. One engineer who worked on the project called Remo says it was not and could have succeeded but was brought down by disputes between directors. All this makes the crimes of Baroness Goudie seem small beer. if this is the Lords Conduct Committee suspension template, I can only think the alleged behaviour of Lady Mona on behalf of Metpro, the PPP supplier now being sued by the government, would see her banned for five years.

The other big question is whether Baroness Goudie knew about all these shenaghins. The main court drama came after she had finished her consultancy. If one looks at her website, it looks as though eco-funerals were never at the top of her agenda. Instead she is known internationally as a women’s rights and peace campaigner holding a number of distinguished positions. On the balance of probabilities, I think not. The problems in the company were not her fault but she should have checked it out more thoroughly rather than relying on a ” trusted friend”. It was a clash of egos that bought ecoLegacy down. It was more ego than eco.

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Therese Coffey’s mean “pay out and grab back” scheme for the poorest elderly cheated of their rightful pensions

Therese Coffey

A new scandal was revealed in the House of Lords this afternoon which could affect tens of thousands of the poorest pensioners already cheated for decades of the right money for their pension.

The underpayments running to tens of millions – exposed by Sir Steve Webb, the former Liberal Democrat pensions minister – is slowly being sorted out by officials at the DWP though as this blog exposed earlier with the most complicated cases being delayed under a secret ” drop and go ” scheme to get the numbers up.

Baroness Stedman- Scott

The minister Baroness Deborah Stedman-Scott revealed that so far £60.7 million had been paid out to 9491 people cheated of their full pension – suggesting that some of the payments must be pretty large.

Extraordinarily she could not give a gender breakdown – which led to a rebuke from Labour peer Lord Jeff Rooker who accused her of hiding the fact that vast majority must be all women.

But then came the killer blow. In answer to a question to another former pension minister, Baroness Ros Altmann, Baroness Stedman-Scott confirmed that the poorest pensioners who got the money -mostly in their 80s and 90s – would cease to get their fees paid by local councils if they got more than £23,250 in England

Hidden bonanza for care home owners

Instead they would have to pay privately until their pension savings money fell below £23,250. Given that many care homes charge differential rates for people residing there – local authority rates are often lower than private rates – this could even be a new bonanza for care home owners – as they could get more money for providing the same services.

Baroness Ros Altmann raised the issue

This “pay out and grab back” scheme was universally condemned by peers of all parties. Not one supported Baroness Stedman-Scott who was looking increasingly uneasy at having to admit this.

She hinted that in rare cases the DWP could make a special payment to a pensioner or that local authorities could perhaps waive individual fees.

“Special payments under the DWP discretionary scheme are not routinely made to those who have been underpaid state pension. However, under exceptional circumstances, such as where severe distress has been caused by the way an individual case has been handled, a case may be referred for consideration of a special payment.”

This got no purchase with the peers. The most critical comment came from Lord Forsythe of Drumlean, another former Tory minister, who accused the government of ” hiding behind the skirts of local government” rather than take national responsibility for the change.

Lord Rooker raised the issue of 50s women and the government’s ” holiday” from funding the national insurance fund

Lord Rooker linked this action to the failure to pay out the 50s women when the pension age was raised to 66.

“The noble Baroness talks about “people” and “persons”, but we are talking about women. When was the last time tens of thousands of men were short-changed with their pension? I do not recall that happening. When the Government took their long-term holiday from paying into the National Insurance Fund, they deprived hundreds of thousands of women of the pension that they were entitled to. Why cannot that be redressed?”

Government ignores answering who is to blame at the DWP

Conservative peer Baroness Patience Wheatcroft, a former journalist, wanted to know who in the DWP was responsible for this failure to pay so many people the right pension.

“My Lords, when more than £60 million that should have been paid has not been paid, surely somebody should be held responsible in the end for that error. In the private sector, the sum of £60 million would be taken very seriously. Can the Minister tell us, therefore, who was ultimately responsible for this failure to pay such a large sum of money?”

The minister couldn’t – she just blamed it on a computer failure.

She did promise under pressure to approach both the Treasury and Therese Coffey to see if the government could introduce regulations for councils to ignore the pension back payment. But admitted she might get short shrift from the Treasury.

All this points to another blow for the 50s born women when and if they get compensation in the future. By that time many may well need social care -only to find out that they will have to give back their payments to cover their care home costs.

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Lords reveals 12 million pensioners lose £30 billion as rebel peers defeat government over scrapping the triple lock

But deputy speaker stops Lord Sikka’s” full restitution” amendment going to a vote

Baroness Stedman-Scott Defeated in the Lords

The government were roundly defeated in the Lords – by 220 votes to 178 – yesterday over its plans to abolish the triple lock for next year’s pension rise – reducing the up rating for pensioners from 8.1 per cent to 3.1 per cent.

The loss of cash for pensioners in the next five years is enormous. They lose a share of £5.4 billon next year, £5.78 billion in 2023-24, £6.1 billion in 2024-25, £6.5 billion in 2025-26 and £6.7 billion in 2026-27. That amounts as Lord Sikka told peers to £30.5 billion removed from pensioners’ pockets over the next five years.

What happened yesterday in the Lords were two separate approaches to challenging the government’s decision to end for next year the link between pensions and earnings.

Baroness Ros Altmann

The first which was successful was put forward by Baroness Ros Altmann, a former Tory pensions minister, in a series of amendments. She had the support of Labour’s Baroness Sherlock, a former special adviser to Gordon Brown and an ordained priest at Durham Cathedral; Baroness Janke, a Liberal Democrat peer and former leader of Bristol council; and Baroness Boycott, a crossbench peer, feminist and former editor of the Independent newspaper.

It was one of these amendments that led to the defeat of the government in the Lords. This particular amendment had the support of former Labour Cabinet minister, Baron Hain, Liberal Democrat baroness Janke and crossbencher (and ex Conservative) Baroness Wheatcroft former editor of the Sunday Telegraph.

Basically the amendment challenged the government’s calculation of the rise in earnings at 8.1 or 8.3 per cent and wanted a new calculation stripping out the effect of the pandemic. Lady Altmann initially had put this at 3.8 per cent but yesterday suggested it could be as high as five per cent and then suggested she was had no firm figure. This particular approach had the support of Labour.

The official wording maintained the link with “earnings obtaining in Great Britain, as adjusted to take account of the exceptional impact of the COVID-19 pandemic on the level of earnings”.

She told peers: ” after seeing alcohol and fuel duty cut in the Budget and the bank surcharge allowance raised, and adding up the amount of Exchequer savings that those measures entail, half the cost of not honouring the triple lock will cover the costs of just those three measures. I appeal to noble Lords across the House: is this really the country that we believe that we should be living in? Is that the priority for public spending?”

The key point about this amendment is that it does not restore the full 8.1 per cent to pensioners and it leaves the government to decide if it wants to – the new earnings rate.

Baroness Stedman Scott, the DWP Lords minister, did not sound convinced. Referring to a blog on the Office for National Statistics site she said “Using a range of possible estimates based on a method that cannot be agreed on does not provide a sufficiently robust basis for making critical decisions about billions of pounds-worth of expenditure.”

Prem Sikka

The second more radical approach came from Prem Sikka, Lord Sikka. He was backed by Baroness Bennett, Natalie Bennett the former Green leader; Baron Davies of Brixton – Bryn Davies- a former Labour union leader; Baroness Blower, Labour and former general secretary of the National Union of Teachers and Lord Hendy, Labour, a barrister and labour law expert. Lord Sikka told them the government’s measure “is also contrary to the Government’s levelling-up agenda. Rather than levelling up, it impoverishes citizens and condemns millions of current and future retirees to a life of poverty and misery. There is no moral or economic rationale for this; indeed, none has been offered by any Minister so far.

“The Government’s own statistics, published on 3 September 2021, say that the average weekly pre-2016 state pension is £169.21 for males, £141.98 for females, and the overall mean is £155.08. The average weekly post-2016 pension is £166.34 for males, £160.11 for females, and the overall average is £164.23. As we can see from these figures, women are especially impoverished by the way that pensions are calculated and paid. They will be hit even harder by the abandonment or, as the Minister might say, the temporary suspension of the triple lock.”

….”Low pensions condemn our citizens to a life of misery. Some 1.3 million retirees are affected by malnutrition or undernutrition. Around 25,000 older people die each year due to cold weather, and we will no doubt hear the grim statistics for this year, possibly on 26 November when the next numbers are out. Despite the triple lock, the proportion of elderly people living in severe poverty in the UK is five times what it was in 1986, which is the largest increase among major western countries. Some 2.1 million pensioners live in poverty, and the poverty rate has actually increased since 2012-13.”

Baroness Fookes : Blocked official vote

Then extraordinarily Baroness Fookes, a Tory peer who was a deputy speaker, blocked a vote on Lord Sikka’s amendment leading Lord Sikka to say he was cheated. She argued that his opponents had made more noise than his supporters to justify the decision.

If this amendment had been passed it would have allowed pensioners to get the full uprating of 8.1 per cent but would have wrecked the bill. Labour did not support this and would have abstained. A spokesman for the Labour Whip’s office explained:”Prem’s amendment was not in line with the Lords’ constitutional position, in that it would wreck the core purpose of a bill that the Commons had already voted to support.

There was all party support however for a full impact study into pensioner poverty after peers from all sides had expressed concern about the plight of pensioners this winter and the DWP minister promised this when faced with possibility of yet another Lords revolt.. There was also a promise from the minister for a detailed explanation of the national insurance fund – which appears to have a £37 billion surplus which the government says cannot be used to pay for keeping the triple lock.

What is clear is that Rishi Sunak, the Chancellor, has been silent about this surplus in all the documents he produced to accompany the Budget. If it turns out that it has been used secretly to repay government debt I suspect there will be an all mighty row as 12 million pensioners will feel they have been cheated yet again by successive governments. Watch this space for more developments.

Read here who supported revising the triple lock and those who were against pensioners getting a penny more. Those in favour included 3 Tories, 99 Labour, 41 cross benchers,64 Liberal Democrats,13 non affiliated, including one Green Party and 2 Democratic Unionist Party.

Those against included 165 Tories, 11 crossbenchers and 2 non affiliated peers. Hereditary peers also voted against. You can see all their names on the link.

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Peers fight into the night for 12 million pensioners to get the full “triple lock” rise of over £14 a week

Baroness Stedman-Scott, DWP minister in the Lords who said bill would collapse if peers voted for the amendments

The government came under fire from all parties last night in a late sitting in the House of Lords for deciding to scrap the “triple lock” for pensioners- reducing next April’s rise from over £14 to £5.55 a week.

There also was a constitutional row when the Conservative Leader of the House of Lords, Baroness Evans, on advice from the clerks, wanted to rule out of order an amendment from Tory peer Baroness Stroud, on the £20 a week cut in Universal Credit. It was quite clear from her proposal – she worked with Iain Duncan Smith at the Centre for Social Justice – that she wanted MPs to to have a vote on the cut and was not happy with the policy.

The debate which ran on until midnight united rebellious Tories, Labour, Liberal Democrats, Greens and crossbenchers in opposition to the plans to break the earnings link.

Baroness Altmann, a former Conservative pensions minister, proposed three amendments – all aimed at restoring in some way an earnings link – though offering the government a compromise by either linking to a lower earnings level or giving the highest rise to those pension credit – who are the poorest pensioners.

Lord Sikka – picture credit Twitter

By far the strongest criticism of the move came from the Labour peer, Prem Sikka, who wanted to scrap the clause altogether. He was backed by Baroness Bennett, the former Green Party leader and Lord Davies of Brixton, a former trade unionist and leader of the Inner London education authority.

He called for the full 8.3 per cent up rating to be paid:” In the 1980s, the Thatcher Administration broke the link between earnings and the state pension, and we never recovered from it. This is another example of where, once that link is broken, we will never really recover from it; the Minister so far has not said that in future the backlog will somehow be made up. Nothing has been said about that.”

“The current full state pension at the moment is £9,350 a year, and only four out of 10 retirees receive it. The average state pension is about £8,000 a year and, as has already been pointed out, is around 24% or 25% of the earnings. It is the lowest among industrialised nations, and by not increasing the state pension in line with average earnings we are going to condemn it to remain low.”

He said that state pensions were lowest in Europe – just 4.6 per cent od gross national product – compared to 10 per cent in Germany.

1.25 million women pensioners living in poverty

He asked: “Why is it that the Government are content for such low allocation to the state pension? What happened to the billions that the Government took from 3.8 million women by raising their state pension age from 60 to 66? What happened to the billions that the Government said would be saved by coming out of the European Union? Why have those resources not been used to lift our senior citizens out of poverty?”

He added: “Despite the triple lock, 2.1 million pensioners live in poverty, 1.25 million of whom are women. The poverty rate is higher now that it was in 2012-13. Many simply struggle to survive. Those retirees who try to top up their meagre state pension with part-time work will soon be hit by the Johnson tax: a 1.25% hike in national insurance. At the same time, what do we actually observe? For those rich people who make vast fortunes from capital gains and dividends, or speculation on second homes, commodities markets and securities markets, no national insurance contributions are payable on unearned income. That money could definitely be used to alleviate poverty, but the Government have not indicated any inclination to do that.”

“£8.50 a week is probably less than what many ministers pay for a glass of wine”

He said it would cost £4.7 billion to do so and could easily be raised by raising the national insurance levy on unearned income, such as shares or capital gains, which are exempt from the new levy.

“A triple lock based upon the existing formula could have given an increase of around 8% to 8.3%, adding up to about £14 a week in the full new state pension, instead of £5.55 a week. That is a difference of about £8.50 a week. Is that really a king’s ransom? It is probably less than what many Ministers pay for a glass of wine with their lunch.”

Baroness Bennett said she wanted a even more radical overhaul of the pensions system – saying no pensioner should live in povery and the con tributory system which is unfair to women should be abolished.

Baroness Stedman-Scott, junior minister at the Department for Work and Pensions, said if Lord Sikka’s proposal was passed the bill would collapse as it has only two clauses and asked for him to withdraw it. He did but promised to come back next Wednesday when the bill is debated again when he plans to raise the issue of the National Insurance Fund whose latest accounts show it has a £37 billion surplus. Curiously I learnt that Sir Keir Starmer, the Labour leader, did not want Labour peers highlighting the issue of the pensions ” triple lock” implying Labour was prepared to go along with the Tories over this issue but it seems pretty clear from the debate that this was ignored. Rather extraordinary that Labour don’t want to highlight the issue.

For those who want to see the debate go to https://parliamentlive.tv/Event/Index/3af431d5-923d-46d3-a9ec-3bf5a3ad7d2f and scroll down to 20:12:26 Legislation: Social Security (Uprating of Benefits) Bill – committee stage .It is a long debate lasting nearly four hours.

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Revealed: The poor health in old age scandal

Professor Chris Whitty, chief medical officer, gave evidence on the damning statistics effecting the healthy living prospects for the elderly Pic credit: gov.uk

Today the House of Lords published an extremely worrying report into the prospect for millions of elderly people being able to enjoy a healthy old age.

I had not realised that Theresa May’s government had committed in 2017 to the Ageing Society Grand Challenge – a promise by 2035 that everybody in the country should be able to enjoy an extra five years good health in retirement. I have a feeling like the notice of the first raising of the pension age it has had little publicity.

Readers of my blog who have followed the BackTo60 campaign to get 3.8 million women born in the 1950s full restitution for their lost pensions will greet this aim with a hollow laugh – given there is growing anecdotal evidence that many women in their early 60s are already falling ill while working before they can even claim their pension. I wrote a blog about the figures in 2018 – see here.

But what this report confirms is not only that life expectancy has flatlined since 2011 but prospects for a healthy retirement has got worse particularly for the poor. The report reveals that the chances for a man to get an extra five years healthy retirement will take not 14 years as promised by the challenge but an incredible 75 years. They will be long dead by 2096.

For a woman it is actually worse – chances of having an extra five years healthy retirement is receding and getting worse by the day.

Figures in the report confirm what the Office for National Statistics has disclosed that Britain is slipping down the league table of advanced countries for those living longer – with men, who on average die earlier than women, have a higher increase in longevity than women. See my blog on this here.

Growing equality gap between rich and poor areas

But what is deeply disturbing is the huge gap between those in wealthy and deprived areas.

The report says: “In England in the period 2016–18, the difference in life expectancy between the most and least deprived areas was 9.5 years for males and 7.5 years for females. The differences in healthy life expectancy are 18.9 years for males and 19.4 years for females.”

The report notes: “the health situation is somewhat similar to other countries that have experienced
political, social and economic disruption and widening social and economic inequalities.” The report also noted that “in some of the key social determinants, inequalities are widening in England”.

The largest killer of men is heart disease and for women it is Alzheimer’s Disease and dementia. Heart disease deaths are falling while dementia is on the rise which explains the changes in longevity.

In a 2016 analysis of 20 countries, females in the UK had the lowest rate of improvement in life expectancy, followed by those in the USA. For males, the UK had the second-lowest rate of improvement,
after the USA.

The report concludes:” Inequalities in healthy life expectancy are stark, with people in the least deprived groups living more than 18 years longer in good health than those in the most deprived groups.”

This also hit ethnic minorities very badly as evidence given by Professor Chris Whitty , the chief medical officer to peers. He told them: “People from ethnic minorities are more likely to live in poverty in older age; 29% of Asian or Asian British people and 33% of Black or Black British people over the age of 65 live in poverty, compared with 14% of White people.”

Will it get better or worse?

So what is to be done and will it get worse ? For a start it will get worse because of Covid19 as the report was mainly written before the pandemic took hold and it is known that Covid killed disproportionately larger numbers of the elderly saving the DWP over £600m a year in pension payouts. In a postscript to the report the peers from science and technology committee say both short term and long term effects are an unknown.

On the positive side new technologies and robotics and new drug trials to treat diseases promise to make life better for the elderly provided they can access them.

Peers warn that unless growing inequality is tackled by the government – these benefits could widen the gap between rich and poor as wealthier pensioners would be able to benefit while the poor would be left behind.

The report also exposes the lack of a government strategy at the top to tackle this.

Peers say: “The Government is not on track to achieve the Ageing Society Grand Challenge mission to ensure five years of extra healthy life by 2035 while reducing inequalities, and does not appear to be monitoring progress towards the mission. It is hard to see how the target could be met without significant changes to the way it is managed.”

For those who criticise the House of Lords as an irrelevant institution – this report shows the House working at its best – it is a very thorough, well researched report – drawing attention to an overlooked issue and warning the government that it needs urgently to act to take this seriously. Whether it will, given the complacency of some ministers, is another matter.

The full report can be accessed here.

Another peer suspended in disgrace: Ken Maginnis brands gay MPs as “queers and deviants”

Lord Maginnis Pic credit: BBC

Peers homophobic remarks lead to his suspension

Peers accepted last week a highly critical report from the House of Lords Conduct Committee, chaired by Lord Mance, a former Supreme Court judge, that the peer was guilty of ” bullying” and” harassment” of a security guard and of ” homophobic ” attacks on two gay MPs.

The peer believes he is the subject of persecution by Stonewall because he opposes same sex marriage and even accused Lucy Scott-Moncrieff, the Lords Commissioner for Standards, as biased against him because she supported Out4Marriage a charity that supports gay marriage. She has made it clear that this did not influence her judgement one jot.

Lord Maginnis of Drumglass , a former Ulster Unionist MP who sat as an Independent, had a row with a security guard, Christian Bombolo, when he forgot his security pass and demanded to be let into Parliament without one. The exchange became so toxic that an MP who witnessed the incident, Hannah Bardell, SNP MP for Livingston, intervened only to be attacked by the peer using homophobic language.

Like Pollard MP : Pic credit: Twitter

The second incident happened at a meeting of the Armed Forces All Party Parliamentary Group which was chaired by Luke Pollard, Labour MP for Plymouth, Sutton. The dinner meeting broke up before Lord Maginnis could ask his question and he blamed Luke Pollard for this.

The report says: “Later in the evening Lord Maginnis sent an email to James Gray MP (the Chair of the APPG), copied to a number of other parliamentarians and to my office, with the subject heading “Discrimination by Homos”.

“Mr Gray replied saying the Mr Gray replied describing Lord Maginnis’s conduct at the meeting and the content of his email as “completely and utterly unacceptable”.

He requested that Lord Maginnis withdraw his remarks and apologise, without which he would not be welcome at any future APPG events.

Lord Maginnis replied that Mr Pollard was “obviously part of the ongoing campaign against me because of MY views on the matter relating to the Cameron initiative [same-sex marriage]” and that he was “getting somewhat irked by being discriminated against so, as for any apology, forget it!”

But Lord Maginnis attended the next meeting which led to another complaint being lodged by Toby Perkins, Labour MP for Chesterfield, who was also a member of the group.

“Unapologetically homophobic and aggressive “

The report says: “Before the meeting began, he saw Lord Maginnis in conversation with James Gray MP. He later understood that Mr Gray had told Lord Maginnis he could not attend the event due to his previous conduct towards Luke Pollard.
“According to Mr Perkins, Lord Maginnis “quickly responded aggressively refusing to leave and implying that the Chair would have to physically remove him”. He overheard Lord Maginnis saying “I am not going to be bullied by queers.”
Mr Perkins said that Lord Maginnis’s “entire tone was unapologetically homophobic, aggressive and disrespectful”.

“It made me feel that it was not a safe environment for—I mean, particularly for people who were gay, but I think there is a sense to which we are all conditioned and harassed by the sense that we’re not all free to be at an event like that. So both the sort of the tone of the remarks and the content of them, I think, was upsetting.”

Maginnis refused to accept finding

Lord Maginnis refused to accept he had done anything wrong but said part of his behaviour was because he was a type 2 diabetic with arthritis and often in pain and had difficulty with his hearing.

This is yet another peer who seems to think that bullying and harassment and his case homophobic views are quite acceptable. While I am sure that most peers do know how to behave, it looks as though a small minority are still clinging on to outdated views and remarkably aggressive behaviour.

As Luke Pollard says in the report that he was “shocked and surprised that this type of behaviour would happen within Westminster”.
“While he did not consider Lord Maginnis’s behaviour during the dinner to be acceptable, it was his remarks in the later email chain he had found most offensive. He said those emails made him feel like a “victim of abuse”.

Updated:The disgraceful case of the expelled ex Labour peer

Lord Ahmed Pic credit: BBC

Today the House of Lords expelled its first peer – after an excoriating report by the Lords conduct committee

Lord Nazir Ahmed, a life peer, who was ennobled by Tony Blair in 1998 and first Muslim peer in the UK, is being thrown out after the House of Lords Conduct Committee, headed by former Supreme Court judge, Lord Mance, upheld a serious complaint of sexual assault against a vunerable woman who sought his help.

The case is so bad that the report carries a health warning that it ” includes allegations of sexual misconduct and of racism which some readers may find upsetting or offensive.”

The decision to expel the peer followed a battle between him and the Lords Standards Commissioner, Lucy  Scott-Moncrieff , after he appealed her findings against him and tried to discredit the woman who made the complaint. The appeal was heard by the conduct committee who have upheld her decision.

Labour Party suspension

The peer resigned once he knew the result and now says he is going to the European Court of Human Rights to clear his name. He had already resigned from the Labour Party in 2013 after the party suspended him when he said a ” Jewish conspiracy” was behind his conviction for a driving offence in Pakistan.

In 2017 he offered to help a woman who wanted to go to the Met Police to complain about a faith healer who she said was sexually and financially exploiting vulnerable people.

According to the report “Her complaint against Lord Ahmed was that when she asked him for help he initially made unwanted physical contact of a sexual nature with her and later held out the promise of using his influence to help her, when in fact his aim was to have sex with her.”

Instead of helping Tahura Zaman, the report says” “Lord Ahmed used the possibility of arranging a meeting with the Metropolitan Police to lure her to his house, where he had sex with her, possibly after drugging her. They then had a sexual relationship that lasted from September to November 2017, during which time he continued to say that he was going to arrange the meeting with the Metropolitan Police.
“During their sexual relationship she said that Lord Ahmed tried to pass her
to an associate, X, for X’s sexual gratification. She also told us that after Lord
Ahmed ended their sexual relationship, this associate deleted or made her delete all messages and other data to and from Lord Ahmed from her phone, which she believed was at Lord Ahmed’s instigation.”

Lord Ahmed denied all this and said it was a social arrangement and claimed she had initiated the sexual relationship at his house which he claimed he had politely rebuffed and tried to end.

The Commissioner found for the woman and concluded that Lord Ahmed was being dishonest and in denial over the incident. The only point she did not uphold was that she was drugged while she was a his house.

He appealed to the conduct committee which has backed the commissioner’s findings and recommended he be expelled.

Today Lord Mance in moving the motion said:

“We noted that the commissioner had found Lord Ahmed unco-operative and dishonest in the key areas and that he had shown no regret, remorse or understanding of the inappropriateness of his conduct or its effect on a vulnerable victim. We said in paragraph 45 of our report:

“The abuse of the privileged position of membership for a member’s own gain or gratification, at the expense of the vulnerable or less privileged, involves a fundamental breach of trust and merits the gravest sanction. Even though it is possible to think of even more serious breaches, the case in all its circumstances which we have set out crosses the threshold calling for immediate and definitive expulsion.”

This finding comes when the House of Lords has strengthened its code of conduct and made all peers go on courses to improve their behaviour following two other cases involving former Labour peers.

Lord Ahmed will keep his title even though he is barred from sitting in the Lords as it would require legislation to remove an individual peer’s title.

But Lord Mance added:” Lord Ahmed will retain none of the privileges of a retired Member. If this Motion is agreed today, the House of Lords Commission has agreed that with immediate effect Lord Ahmed will not be entitled to a retired Member’s pass and will not be able to access any of the facilities of the House.”

The motion was agreed unanimously. I think the time has come in cases like this to change the law so he can lose his title – otherwise he could still pose as a peer to people who do not know his circumstances.

House of Lords approve new compulsory training on behaviour for all peers

Former judge Lord Mance, chair of the Lords Conduct Committee, which proposed the changes Pic credit; June Buck

The House of Lords approved without a vote new rules which will mean that all 798 peers will have to attend behaviour training course or face being reported to the Lords Commissioner for Standards for breaching their code of conduct.

two public dissenters

The scheme had only two public dissenters – both Conservative peers – who claimed it was unnecessary. The move followed a couple of cases in the last year where two former Labour peers were found to have bullied and harassed Parliamentary staff. See my last blog here.

Lord Cormack, a former Tory MP who had a junior job in the Thatcher government said; “Speaking as one who has served in Parliament for over 50 years now, it is a very ​sad day when I am told that I have to be trained on how to behave. That is extremely unfortunate, and I believe that it is unnecessary. “

 … “I regret and deplore it. After all, it is right that people accused of any offence should be appropriately dealt with, but I do not suppose that it would be thought appropriate for your Lordships to be given a course in how not to burgle.”

Lord Balfe, who as Richard Balfe was a former London Labour councillor and a Labour MEP until he switched to the Tories in 2002, called for the House of Lords Conduct committee to reconsider the move.

“I regret the compulsion attached to this training. I have done the training. It was largely irrelevant; most of it was about the House of Commons, or appeared to be.”

Lord Mance, a former judge and deputy president of the Supreme Court, chairs the Lords conduct committee which proposed the compulsory training, received support from a number of other peers who welcomed the move.

He said: “There is, unfortunately, a clear problem, even in this House. People sometimes behave in ways that one may not conceive of oneself, but that are recorded in great detail in the press and in the reports issued by the commissioner. Unconscious attitudes, and lack of consciousness of a problem, are real issues that the Valuing Everyone training is designed to address.”

All peers will have to either have attended or booked a training course by next April. Half of them have already attended one.

Lords behaving badly: “Value Everyone” compulsory training proposed for all peers next week

Changes proposed after two peers in their 70s and 80s were found to have bullied and sexually harassed women

A new report from the House of Lords says all 798 peers must undergo training courses in ” Valuing People” or face sanctions including the withdrawal of services.

And former MPs who become peers will face fresh investigations by the authorities if they face complaints about bullying, harassment and sexual misconduct while they were a Member of Parliament. At present a loophole means if peers are accused of anything while they were an MP they can escape investigation.

These tough new rules from the House of Lords conduct committee come into force next week if the peers vote for the changes. The full report is here. Members have until next April to complete the training. Those who refuse after that date will be referred to the Commissioner of Standards for breaching the code of conduct.

It is against a background of growing number of complaints about the treatment of staff by both MPs and peers. One former Tory MP and minister is under investigation by the Met Police for alleged rape of a staff member at the moment.

In the last year two Labour peers have been investigated by the Lords Commissioner for Standards, Lucy Scott-Moncrieff  TWICE for breaching standards.

18 complaints

Lord Lea of Crondall, 82, as David Lea, a former TUC assistant general secretary, had two reports whose findings were upheld. Altogether it was revealed that since 2011 no fewer than 18 complaints were made against him.

The report said: “They included one instance involving a racially offensive remark, 15 complaints involving shouting at staff, being aggressive and
making unreasonable demands, and one occasion where a woman had been made to feel uncomfortable by Lord Lea’s alleged behaviour.”

champagne and silver gilt framed photo

The complaint from the woman followed a time she accompanied him on a Parliamentary delegation. According to the report :

” Lord Lea made her very uncomfortable by his behaviour
towards her, which included inviting her to his room to share a bottle of
champagne that he had been given. “

He followed it up later when she had left Parliament for a new job . Then “she received a package from Lord Lea at her place
of work that contained a silver-framed photograph of her taken on the official visit. It also contained a letter from Lord Lea explaining, amongst other things, that he keeps a copy of the photo on his piano at his home. He also invited me to visit him at home and referred to finishing “that bottle of champagne.’’

Lord Lea told the Commissioner: “I think she is egging the pudding in some
way. I can’t think of any reason why she should, if she didn’t have some
feelings for me or some other reason to be disturbed.”

The commissioner decided his behaviour did not amount to sexual misconduct or bullying but harassment.

He agreed to take up voluntary a bespoke behaviour management course but immediately ran into trouble when he forgot to inform the security staff that his coach was coming to Parliament so they could let the person in. He took it out on his staff leading to a fresh complaint of bullying which was upheld.

Lord Lea was asked to apologise to the member of staff :

He wrote: “I am not known for being a bully: I acknowledge having been very argumentative— highly audibly so—on that fateful day, concerning the predicament I found myself in regarding the apparent disappearance of my newly appointed trainer and you said you had felt ‘belittled’ as a consequence.”

Sexist and transphobic remarks

Lord Stone of Blackheath,78, a former managing director of Marks and Spencer, has also TWICE been found by the Commissioner to have breached the code of conduct. Complaints by four women were upheld only to be followed by a complaint from a fifth woman about being harassed.

In the first case it included allegations of sexist and transphobic remarks as well as unwanted touching.

Among several alleged incidents recorded by the Commissioner, he told a colleague that she was beautiful “to boost her self-esteem” and grabbed her arm.

He also allegedly stroked another staff member’s arm and said to her that he hoped a document on the bill to outlaw upskirting came with photos.

The second case involved two more complaints from women. He met one young woman at a dinner party and offered her a private tour of Parliament. She came with her cousin. He told her she was ” young and beautiful”.

“Lord Stone greeted her in an overfamiliar manner, kissing her on both cheeks near her mouth, and repeatedly touched her arms and her waist during the tour and while having tea in one of the House’s restaurants.”

Lord Stone told the commissioner that: “He was “upset by the inference
that [his] behaviour toward… was anything other than to try and assist”.
He accepted that “her account is factually accurate” but insisted that “the
connotations of inappropriate behaviour that she makes are wholly inaccurate and seem to me be the product of her imagination.”

He was found to have broken the code by harassment and has taken a bespoke course in behaviour management.

Labour Party suspension

Both peers have been suspended from the Labour Party. Half the members of the House of Lords have voluntarily attended the course already. The full list is here.

It is an extraordinary situation that in the times we live that such courses are needed, let alone deemed compulsory. One would have thought that people when they join the House of Lords would know that bullying, harassment and sexual misconduct are out of order. But perhaps not.

On Byline Times: Johnson’s power grab over EU withdrawal bill revealed by Lords report

Boris Johnson and Jeremy Corbyn at Queen’s Speech. Pic credit: UK Parliament/ Jessica Taylor

Boris Johnson thought he had got away with Parliament not being able to scrutinise his EU Withdrawal bill by calling an election. But on the last day of Parliament the House of Lords rumbled him and their analysis does not paint a pretty picture. Full report on Byline Times.

For purists actual House of Lords Constitution Committee report here.