Mel Stride roasted over his ” no undue delay” posture on compensating the 3.5 million 50swomen who had waited a decade to get justice

Mel Stride

Not one MP in Parliament came to the rescue of Mel Stride, the work and pension secretary, when he made his initial statement on the Parliamentary Ombudsman’s report which concluded that there was maladministration over the delay in communicating the six year delay to women in the 1950s and either Parliament or the DWP should compensate them.

Essentially it was a holding statement with the minister emphasising that it was a complex 100 page report which he had to consider very carefully.

“The ombudsman has noted in his report the challenges and the complexities of this issue. In laying the report before Parliament, the ombudsman has brought matters to the attention of the House and we will provide a further update to the House once we have considered the report’s findings.”

He also tried to drag in the judicial review, then pursued by Back to 60, for the reason for the delay in the Ombudsman’s report, citing that the two courts the High Court and the Court of Appeal had presented as fact that the DWP had not acted unlawfully ( no one said they had) over maladministration. The trouble is he got it wrong, the hearings which I attended, were about discrimination in the past not maladministration. As Marcia Will Stewart, the lawyer from Bimberg Peirce, said in 2019 “Our judicial review had nothing to do with maladministration investigation, whatever others may say”. And as she was bringing the case I prefer her analysis to Mel Stride’s.

Liz Kendall

Indeed Mr Stride’s only other friend in Parliament was Liz Kendall, Labour’s Opposition spokesman, who said:

“This is a serious report that requires serious consideration. The ombudsman has rightly said it is for the Government to respond but that Parliament should also consider its findings.

“Members on this side of the House will look carefully at the report too and continue to listen respectfully to those involved, as we have done from the start.” ( in other words we don’t want to lose your vote in case you think we are siding with Tories).

Tories were not Stride’s best friends

But it was the Tories who, while polite, were not his best friends. None of them defended the government’s delay and all pressed for a decision. It started with Caroline Noakes, who chairs the Women and Equalities select committee, who said:

““I recognise this is an interim update but I would gently press (Mr Stride) that Waspi women have been waiting five years for the ombudsman, they won’t want to wait for a select committee inquiry into this report in order to see action from the Government.”

Soon it became clear that many other Tories, mindful of holding on to their seats, did not want unnecessary delays. Tory MPs representing Stroud, Scunthorpe, North Norfolk, Eastbourne, Waveney, Weston super Mare, Amber Valley and the Isle of Wight were among many who made it abundantly clear they would not brook this being pushed into the long grass.

Bob Seely

Bob Seely, the MP for the Isle of Wight, while praising the government for keeping the triple lock, had every reason to be concerned – he has the largest number of 50swomen in his present constituency and foul wind combined with their lack of support ( even if the Island now gets two seats) could sweep him away.

But the government faced its greatest attack from the Scottish National Party who members slammed ministers. Patricia Gibson, their official spokesman and MP for North Ayrshire and Arran, hit out at ” timid Labour” and ministers.

“We in the SNP stand shoulder to shoulder with these women, who have been abandoned and betrayed by the UK Government and the future Labour Government. Will the Secretary of State tell the House what it will take to compensate these women? Do we need another TV drama to embarrass and shame the Government into doing the right thing? “

Other SNP MPs cited deaths of the women in their constituencies and the anger among the women. Ian Blackford, the former Westminster SNP leader said: “Can we imagine what would happen in this place if it was announced that private sector pensions were being put back by six years? Rightly, there would be outrage, and there should be outrage about what happened to the WASPI women.”

Joanna Cherry picked up on Mel Stride and Labour muddying the waters over raising the judicial review

“The WASPI campaign has asked me to emphasise its annoyance about how often Government Ministers, when talking about these issues, attempt to muddy the waters by referring back to the unsuccessful litigation to reverse the increase to the state pension age, or to claim direct discrimination. That was not litigation by the official WASPI campaign, and I am sure that its members were annoyed to hear a senior Labour Front Bencher doing the same thing on the radio last night.”

Labour backbenchers took a much stronger line than their front bench demanding a timetable for the implementation of compensation starting with Marsha de Cordova, representing Battersea.

“The Secretary of State has said that he wants to continue to look in detail at the findings of the report, but surely he should be able to make an unambiguous commitment to compensation for these women.”

Imran Hussain, representing Bradford East said: “Will he at least accept that every time a Minister stands up and says “undue delay” or “due process” they really mean that they have no intention of addressing the problem, and are saving face and kicking the can down the road?

Other criticism came from Jeremy Corbyn and John McDonnell, the former shadow chancellor, told him:” we have no confidence in the Department for Work and Pensions to resolve its basic failure of decades ago..”

It will not have been a pleasant experience for Mel Stride who was probably glad Parliament closed for the day after this statement. He would be extremely stupid not to take note but MPs will have to keep up the pressure to get any compensation out of this government. Only the fear of being swept out of power will make them do anything, but whether it be enough money will be another matter.

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Women’s Discrimination: What is CEDAW

The CEDAW logo

Since CEDAW will become a major issue in the forthcoming People’s Tribunal to be held later this year. I thought it might be worth publishing what exactly the Convention says . A number of people have asked what exactly it means for them. Some wonder whether it can help the 3.8 million people who lost their case in the courts and were refused permission to appeal to the Supreme Court.

If you read this it sounds idealistic rather like some of the great statements of the past whether it was the founding fathers of the American Constitution or the founding charter of the United Nations. The reason why it is important is once this statement is written into law it follows that the law of the country has to change and people can cite the new law to end discrimination and protect their rights. This is statement is followed by an action plan on how the government of the day has to implement it. No wonder it has not yet been incorporated into English law.

Many many issues of discrimination against women will be affected

The answer is that all women would be affected by the change. CEDAW was cited by BackTo60’s lawyers in their case – but because even though the convention, ratified by Margaret Thatcher, is applicable in the courts and in Parliament because it had not been put into domestic law the judiciary they appear not to understand its implications.. If it was not only the 50swomen case but many, many other issues of discrimination against women will be on much stronger grounds.

Should as current opinion polls show the Scottish National Party win next month’s Parliamentary elections one of the first moves will include legislating to incorporate CEDAW into Scottish law. This will provide an early example of how effective the change will be for women and girls.

CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

The States Parties to the present Convention,

Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women,

Noting that the Universal Declaration of Human Rights affirms the principle of the inadmissibility of discrimination and proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex,

Noting that the States Parties to the International Covenants on Human Rights have the obligation to ensure the equal rights of men and women to enjoy all economic, social, cultural, civil and political rights,

Considering the international conventions concluded under the auspices of the United Nations and the specialized agencies promoting equality of rights of men and women,

Noting also the resolutions, declarations and recommendations adopted by the United Nations and the specialized agencies promoting equality of rights of men and women,

Concerned, however, that despite these various instruments extensive discrimination against women continues to exist,

Recalling that discrimination against women violates the principles of equality of rights and respect for human dignity, is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life of their countries, hampers the growth of the prosperity of society and the family and makes more difficult the full development of the potentialities of women in the service of their countries and of humanity,

Concerned that in situations of poverty women have the least access to food, health, education, training and opportunities for employment and other needs,

Convinced that the establishment of the new international economic order based on equity and justice will contribute significantly towards the promotion of equality between men and women,

Emphasizing that the eradication of apartheid, all forms of racism, racial discrimination, colonialism, neo-colonialism, aggression, foreign occupation and domination and interference in the internal affairs of States is essential to the full enjoyment of the rights of men and women,

Affirming that the strengthening of international peace and security, the relaxation of international tension, mutual co-operation among all States irrespective of their social and economic systems, general and complete disarmament, in particular nuclear disarmament under strict and effective international control, the affirmation of the principles of justice, equality and mutual benefit in relations among countries and the realization of the right of peoples under alien and colonial domination and foreign occupation to self-determination and independence, as well as respect for national sovereignty and territorial integrity, will promote social progress and development and as a consequence will contribute to the attainment of full equality between men and women,

Convinced that the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields,

Bearing in mind the great contribution of women to the welfare of the family and to the development of society, so far not fully recognized, the social significance of maternity and the role of both parents in the family and in the upbringing of children, and aware that the role of women in procreation should not be a basis for discrimination but that the upbringing of children requires a sharing of responsibility between men and women and society as a whole,

Aware that a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women,

Determined to implement the principles set forth in the Declaration on the Elimination of Discrimination against Women and, for that purpose, to adopt the measures required for the elimination of such discrimination in all its forms and manifestations,