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.

Uncork the Gauke: Could the Tories go for another grey man to lead the party – like John Major

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David Gauke: potential leader? pic credit; Gov uk

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August is the time of the year when lobby journalists love to speculate on leadership plots. If Jeremy Corbyn had done really badly in the June general election – it would be all about who is going to succeed him. But as it is Theresa May who lost her majority and authority – the speculation is all about who will replace her – even though she is at the moment determined there will be no vacancy. So I thought I would add my pennyworth.

The last Tory PM to be deposed in office was Margaret Thatcher in 1990 and she was at that point even more unpopular than Theresa is now. Her disaster was the poll tax – which was quickly replaced by the present council tax – after she stood down.

People forget that at the time John Major was the least known of the candidates who stood to be leader and PM.

Just as now the leadership favourites were big beasts –  the two top runners were Michael Heseltine – who had resigned over a row over the  fixing of an order for a new generation of helicopters in what became the Westland affair – and Douglas Hurd, a well known big Tory beast and foreign secretary. Both are now peers.

Heseltine was at the time a bit of blonde bombshell – unpredictable and strident. Nicknamed ” Tarzan ” because- though he denies it – he was accused of swinging the Parliamentary mace in protest against Labour. Definitely regarded as leadership material – he had shades of Boris Johnson in his leadership claims for today.

While Hurd was seen as more thoughtful – just like Michael Gove who prides himself as a radical thinker – sees himself today.

But both these big beasts were trounced by the ” grey man ” – the relatively unknown John Major.

Today there is another relatively unknown man – a John Major for the 21st century. He is David Gauke. In the Westminster bubble he is known by the phrase ” Uncork the Gauke ” for  his ability to smoothe over gaffes made by his then boss George Osborne in successive budgets. He is a safe pair of hands to send to Westminster and handle Opposition anger over ministerial mistakes.

He was first out of the traps to address the Westminster  press gallery lunches this month – and came to put himself over as an agreeable lunch companion with a store of self deprecating jokes. He is also benefiting from Theresa May’s decision to promote him to Secretary of State for Work and Pensions, presumably thinking like Thatcher about Major that he is no leadership challenger.

But don’t be fooled by his manner. At the heart of the man is a determination to continue the Conservative austerity programme. He was careful only to park plans to end the ” triple lock” on pensions and a new charging system for social care. He has since taken the decision to raise much earlier the pension age to 68 – something that was not in the Tory manifesto.

He also showed little real concern that benefit claimants had committed suicide as a result of  tough decisions. He came out in favour of means testing and to a question from me that his ministry was turning into the Department of Corporate Manslaughter – ignored the point – saying  lamely that there might be mistakes by staff.  There is a lot of difference between a  mistake and a suicide.

A lot is at  stake at the next general election – and Jeremy Corbyn has no longer that element of surprise that he is supposed to be a ” no hoper”  to become PM. So expect the unexpected from the Tories – they will devise new ways to stay in power and an unexpected figure emerging as their leader could be one of them.

 

 

 

 

 

 

 

Why treacherous Michael Gove can’t be trusted with your money at Number Ten

Michael Gove

Michael Gove Pic Credit: Channel Four

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The extraordinary treacherous act by Michael Gove in ditching Cameron and then dumping Boris Johnson  to try to be Prime Minister has obscured another damning trait in this discredited Tory star.

While the sound and  fury surrounding the Referendum campaign dominated the headlines Whitehall quietly produced a damning finding which questions the competence of Michael Gove to stand for  high office anywhere.

Before he moved to the Ministry of Justice, where he undid some of the nasty work of Chris Grayling, Gove was secretary of state for  education.

In the run up to the  Campaign Whitehall belatedly published the Whole Government Accounts – an international accounting standard record of every pound spent of taxpayer’s money and the value of the assets held by the British government.

This report was late because of the failure of one Cabinet minister – Michael Gove – to be able to  account for a staggering £33 billion -yes billion- of public money and assets while he was in office. That’s equivalent to half the education budget or THREE years of our contributions to the European Union.

As the findings by the National Audit Office says in Whitehall officialese:

“The 2014-15 Department for Education (DfE) accounts were qualified on the basis of incomplete and inaccurate valuation of academies’ land and buildings assets.

“ In 2014-15, the number of academies continued to increase from 3,905 to 4,580, but the DfE has not addressed the difficulty in maintaining oversight over them. As a result the scope of this issue has grown to £33 billion during the year and is likely to continue to be a source of continued qualification within the Whole Government accounts (WGA ) until there are changes in the oversight and accountability regime for academies. “

The findings means the department has no accurate record of the billions of pounds of school buildings and property they have handed over to private academies and free schools in the rush to create so many academies. The man who rushed through this in such a cavalier fashion was Michael Gove.

Whoever is the next Prime Minister is going to have a head for figures to negotiate one of the most complex series of deals to disentangle ourselves from the EU and be responsible for signing off tens of billions of pounds of complex trade deals across the world.

If Michael Gove gets to  Number Ten job it would be like handing over the running of the country to a reckless  irresponsible teenager who ran up huge debts on his parent’s credit card  but couldn’t properly account for what he had done.

Gove obviously has no responsibility, interest or understanding of how to control our money. He is entitled to his ideological commitment to creating academies but in his enthusiasm for this controversial policy he is leaving a trail of muddle and mess in his wake. In my view this makes him totally unsuitable to hold this top job. This of all times is no place for incompetents.

Stop these nasty attacks on people living here now

Manchester tram attack

Racist abuse on a Manchester tram this week Pic credit:www.dazeddigital.com

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During both the first and second world wars my family came under  suspicion and attack from people because our family name Hencke is German. At one stage we even considered changing it or  Anglicising it  to something like Henkey.

The reason was that we were  at war with Germany and although our family left Germany via Holland in 1862 and we were virulently  anti Nazi ( my mother is Jewish after all) the hatred of the foreigner was very high at this time.

Since the Brexit campaign there has been an upsurge in nasty, vicious attacks on EU people staying and working here and racist attacks against ethnic minorities which we have not seen  for some time.

Frankly I blame  Nigel Farage, UKIP and both Boris Johnson and Michael Gove for giving respectability and legitimacy to people who have held these views privately to think they can now openly harass foreign workers in this country.

By promising to quit the European Union and ” take control ” people have been given the impression that we can stop immigration altogether and that perhaps their wish that people could be sent home will be granted.

They have been told that all their problems getting jobs, housing, places for their kids in school, hospital operations  and even traffic jams and waiting in queues are all the fault of immigrants. If they left everything would be wonderful.

This monstrous lie was perpetuated in split screen TV campaign broadcasts by the Brexit campaign. Any sane person would know that this is far more complicated.than that.

But what has been alarming is the reaction. People attacked on a Manchester tram, women abused in the street, someone quizzing people on their nationality  in a supermarket queue and telling  the till staff to serve British born people first. Others have been nastier including abusing Polish  kids at school, putting nasty messages through Polish people’s letterboxes and daubing German made cars (presumably bought by British people) with swastikas. And there was the nasty graffiti  on the Polish centre in Hammersmith, west London.

It is soon going to become very obvious that people are NOT going to get what they want from Boris Johnson. Immigration will not stop, they are not going to be miraculously rehoused and immigrant’s children are not going to be removed from school. All because  this depends on policies that have nothing to do with immigration – such as house building or providing enough places in schools.

So what should  be done. There should be a crackdown on people who do this to show it is unacceptable.

But there also should be action to explain to people that if they want to live in  dynamic, prosperous, modern society  it is going to be a multi racial and diverse and people of different beliefs, race and sexuality all have something to contribute. We are no longer a pale male and stale society and can’t turn the clock back  centuries. That is why I think London rejected the Brexit case.

The problem is that we are left with a nasty backlash from people who see they have been left behind and want to take it out on anybody who is different to them. That must be tackled or we slip into a nasty, divisive country that no one will want to stay in.

 

 

 

How Gove is dumping one of Britain’s worst courts on Labour’s Greater Manchester

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Michael Gove, the justice secretary, is planning to dump on the citizens of Greater Manchester responsibility for running one of the worst funded and performing courts in England and Wales.

It is being packaged  under the slogan ” Northern Powerhouse” but it amounts to making sure Labour has to take responsibility for the court at a time when the government is planning even more cuts to the judicial system which is already in chaos. I have written about this in Tribune magazine.

Already a damning report last month from the House of Commons Public Accounts Committee  has accused the ministry of bringing the criminal justice system to breaking point after slashing 26 per cent from its budget and closing courts across the country. Another 15 per cent of cuts are proposed between now and 2020.

The report revealed for the first time how the impact of the cuts had on individual crown courts revealing the best and worst performers in handling trials in a system now bedevilled by delays, lawyer shortages, and inefficiencies. A backlog of more than 50,000 cases has built up.

On average only around a third of trials in Crown Courts went ahead as planned on the day they were due to start. One in 10 cases were not ready and were postponed to another day. Currently, 24 per cent of cases are withdrawn on the day they are due to start, most commonly because the defendant pleads guilty on the day.

In Greater Manchester, only 18 per of cases went ahead on the day (the only worse place was Lancashire with 16 per cent); 21 per cent were withdrawn on the day after the defendant pleaded guilty and more than half, the joint highest in the country, of cases (55 per cent) are put back because they cannot start on the day scheduled.

MPs tried to get information from the government on how the new devolved package to Greater Manchester would work but were told “there is quite a lot of detail to be worked out” even though the move had been included in the March Budget statement by George Osborne, the Chancellor.

To my mind this suggests that the proposal is nothing more than a” back of the envelope ” job by the Tories who have  not thought out what exactly this will mean. Any sane person would have a plan in mind before making such a radical change. But then that is hardly surprising given the mess Gove has left behind  at the Department of Education by rushing through plans for academies without checking financial controls.

Greater Manchester need to be on their guard that they are not being offered a poisoned chalice by the government – and need to negotiate very carefully what exactly is being offered by Gove to run this part of the judicial system. Otherwise they find themselves the whipping boy for failed Tory policies and  be conveniently blamed for the cash starved judicial system.

Dropped: The vile Saudi Arabian contract that helped prop up a barbaric justice system

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The Cabinet revolt that ended the £5.9m contract bid by the now doomed Just Solutions International – the commercial arm of the Ministry of Justice – is to be welcomed.

Justice Secretary  Michael Gove’s decision to press home ending this deal over the head of Philip Hammond, the foreign secretary, and initially, David Cameron, is the only morally acceptable case. Britain could not be seen helping a country that uses public beheadings, floggings and crucifixion as a routine part of its justice system.

When I first saw the disclosure of the deal in a routine half yearly report of the Ministry of Justice laid before Parliament I had no idea we had a commercial arm of the ministry, let alone that we had already done deals with Oman and Macedonia and were bidding for a Saudi contract.

Thanks to the work of. lawyer David Allen Green – known as Jack O’Kent on Twitter- who has assiduously followed this issue since -Downing Street has become embarrassed – and finally thrown in the towel. You can follow him on the JackofKentblog

I am also delighted that Lord Falconer, the shadow Lord Chancellor has reported this to the National Audit Office – because Just Solutions International set up by Gove’s predecessor, Chris Grayling, deserves a thorough financial examination.

I am also pleased that Jeremy Corbyn, the Labour leader used his conference speech to demand David Cameron dropped the deal. I realise that he reads Tribune where I also featured developments there.

So for once justice has been done and seen to be done in the full glare of the media – rather than injustice being sneaked out in obscure Parliamentary reports.

So afraid of the Saudis: How the Brits daren’t cancel a contract to bolster barbaric justice

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Jeremy Corbyn has challenged David Cameron to explain why the British government can’t cancel a contract with the Saudis to provide training for their prison system just as it is about to execute a teenage dissident and crucify his body.

The Prime Minister who rightly does not spare a word in condemning Islamic State for its barbarism from throwing gay people off high buildings, and the public beheading of dissidents and hostages, is coy about financing the Saudis to behead its own dissidents or lash its social media bloggers like Raif Badawi.

Michael Gove, the new justice secretary, last week announced he was closing down Just Solutions International, the commercial wing of the Ministry of Justice that was flogging expertise to unsavoury regimes including Oman and the Saudis.

Except  that in its afterlife it will continue with a contract to Saudi Arabia,His decision reverses the policy of his predecessor, Chris Grayling, who was planning to expand its business as a way of raising revenue for the ministry without being particular about which regime’s justice system they were supporting.

The existence of Just Solutions International was revealed earlier on my own blog. So it i is good news that Michael Gove, the new justice secretary,is closing it.

This is a secretive organisation that the ministry refused to reveal any details about – despite admitting there are 2000 emails about its operations. A splendid thorough investigation of the background of the company’s bid for Saudi Arabia has been written up by David Allen Green on his Jack of Kent blog.

I have also written a story for Tribune highlighting how ministers are admitting that the real reason they have not cancelled it is because in Andrew Selous’s words -( he is the junior minister at the Ministry of Justice) – “The critical factor was the strong view from across Government that withdrawing at such an advance stage would harm HMG’s broader engagement with Saudi Arabia.”

This replaced the phoney reason originally given to Parliament which ministers had to withdraw that it couldn’t be cancelled because the government faced penalty clauses. Despite that it is still reported in some media that this is the reason.

This is an appalling situation and the fact that Jeremy Corbyn linked this to the case of teenager Ali Mohammed Baqir al-Nimr who will be beheaded for a ” crime ” he committed when he was 14  deserves highlighting.

He wrote: “Will you step in to terminate the Ministry of Justice’s bid to provide services to the Saudi prisons system – the very body, I should stress, which will be responsible for carrying out Ali’s execution?”

The Labour leader concluded: “Ali’s case is especially urgent – the secrecy of the Saudi system means that he could face execution at any time, and even his family may only find out after the event. There is therefore no time to spare in taking this up with the Saudi authorities, if we are to prevent a grave injustice.”

Not only should he take this up  and the Foreign Office has said it will – but this contract should not go ahead. Britain should not dirty its hands with aiding a regime that imposes such cruel punishments anymore than it should support the Islamic State.

In Britain the National Audit Office ought to look at the setting up of Just Solutions International and decide whether this experiment in commercialising a department was ” value for money”..This should then be taken up by the Commons public accounts committee.

The secrecy around this is totally unjustified and it appears only Parliament can properly investigate it.