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Women’s homelessness

Published by Anonymous (not verified) on Sat, 27/04/2024 - 11:03pm in

I’ve just published Chapter 8 of my open access textbook. This new chapter focuses on women’s homelessness.

An English summary of the new chapter can be found here: https://nickfalvo.ca/womens-homelessness/

A French summary of the new chapter is here: https://nickfalvo.ca/litinerance-chez-les-femmes/

All material related to the textbook can be found here: https://nickfalvo.ca/book/

Women’s homelessness

Published by Anonymous (not verified) on Sat, 27/04/2024 - 11:03pm in

I’ve just published Chapter 8 of my open access textbook. This new chapter focuses on women’s homelessness.

An English summary of the new chapter can be found here: https://nickfalvo.ca/womens-homelessness/

A French summary of the new chapter is here: https://nickfalvo.ca/litinerance-chez-les-femmes/

All material related to the textbook can be found here: https://nickfalvo.ca/book/

Exclusive: Eslamdoust continues to lash out as TSSA staff pass unanimous no-confidence vote

Published by Anonymous (not verified) on Fri, 19/04/2024 - 1:34am in

Union general secretary keeps blaming GMB as union employees say she keeps exposing lack of understanding of union mechanics

A union in flames? TSSA staff appear to think so

Maryam Eslamdoust and the TSSA rail union she is running – into the ground in the eyes of many – continues to lash out at the GMB union for TSSA staff’s complete dissatisfaction with her management and her team – despite a unanimous motion of no-confidence passed at an ‘all-staff meeting’ last week.

Ms Eslamdoust was recommended to members, despite what appears to be a complete lack of relevant experience, by the TSSA executive after former general secretary Manuel Cortes was sacked over sexual harassment and bullying exposed in the Kennedy Report, and was supposedly going to clean up the union after the scandal. However, the union has been rocked by fresh allegations of abuse and deep resentment against the new general secretary for the treatment of staff, particularly women.

The staff, who are members of the GMB union – union employees are usually represented by a different union in case they need to enter a dispute with their employer – and recently voted overwhelmingly for strike action in response to the abuse they say they are experiencing, held the ‘all-staff meeting’ a week ago. The following motion was passed unanimously:

TSSA Staff Motion of No Confidence in the GS, AGS, and President

Following the recent all-staff meeting on Thursday 11 April, where the AGS announced that the Trainee Organiser’s contracts would not be extended without any prior notice to the Trainee Organisers themselves, the TSSA staff unreservedly condemn this as a further example of an unacceptable and grotesque management style that has no place in a respectful and civilised
workplace.

The further revelation by the AGS [assistant general secretary] that a significant sum of HS2 compensation monies has not yet been invested, losing us around £25,000 per month in interest at a conservative estimate, gives the TSSA staff considerable concern that the union is not being managed effectively to ensure its long-term survival as an independent trade union.

The TSSA staff reconfirms our commitment to the policy of remaining an independent union, and believes that with the right management, sufficient resources, meaningful progress on culture change, and an environment in which staff feel valued and respected, this remains a realistic prospect.

However, the many contradictions between stated objectives and the decisions being taken, whether in respect of resourcing priorities, progressing culture change, or managing the union’s finances, only leads us to conclude this is far from being the case.

The TSSA staff therefore instructs the GMB staff reps to convey the decision of this meeting that the staff have no confidence in the GS [general secretary], AGS, and President of the union.

The TSSA executive member for Scotland also resigned last week, saying he could no longer work with Eslamdoust or the executive supporting her.

Ms Eslamdoust attacked Skwawkbox during the general secretary election for scrutinising her and her supporters’ campaign claims that she had ‘high level trade union experience’. She also recently wrote a bizarre article for the Guardian in which she accused the GMB union of attempting to bully her so it could take over the TSSA and distract from its own renewed sexual harassment scandal, and tried to blame others for her failure to take meaningful action to implement the Kennedy Report’s recommendations, outraging staff members who have pointed out that their dispute pre-dates the new GMB revelations.

However, when asked for comment the union doubled down on its blaming of the GMB, compounding the impression of a lack of understanding or recognition that the issues are with the unhappiness of people working for the union and not with the management of the union they are instructing to coordinate the strike on their behalf. A spokesperson told Skwawkbox:

We would encourage GMB to start talking with TSSA to focus on resolving the workplace issues they say they have. It is genuinely extraordinary that GMB are so blatantly seeking to interfere in (and misrepresent) the internal administration of a sister union. TSSA EC took the decision that the last tranche of HS2 compensation would be reserved for strategic objectives to grow and strengthen our union. That is what is happening.

TSSA staff have said that their approaches to the union’s management have been ignored or rebuffed and that Eslamdoust and her team even opened talks with ACAS without bothering to inform them. The union’s latest comment will do little or nothing to change the publicly-expressed view of staff, reps and members, including a former TSSA assistant general secretary, that Ms Eslamdoust has ‘lost the plot’.

If you wish to republish this post for non-commercial use, you are welcome to do so – see here for more.

Exclusive: Graham fails to testify in Ogle discrimination case – subpoena to follow

Published by Anonymous (not verified) on Thu, 18/04/2024 - 8:07am in

Failure to obey a tribunal summons is a prosecutable offence under Irish law

Unite general secretary Sharon Graham has failed to respond to a court request to give evidence in Brendan Ogle’s discrimination case against the union she leads – and now faces a subpoena, or legal summons, to compel her to attend, for which she could be prosecuted if she fails to comply.

Skwawkbox has covered the discrimination case extensively – Ogle is also suing Unite, Graham and her sidekick Tony Woodhouse over defamatory comments made about him by Graham and Woodhouse in an apparent attempt to discredit Ogle and his discrimination case.

Despite attempts by Unite’s hugely expensive legal team, in an apparent demonstration of their eagerness to keep Graham from having to give sworn testimony, to argue that she was not relevant to the case because she is the UK general secretary and other witnesses would do instead, Workplace Relations Commission (WRC) Adjudicator Elizabeth Spelman has responded to Graham’s failure to respond by inviting Ogle and his lawyers to apply for a binding subpoena to compel Graham to attend and give evidence under oath – which Ogle’s barrister Mary-Paula Guinness has already confirmed in an earlier hearing that she will do.

Ogle’s legal team has until 22 April to file its application and Unite’s lawyers have another week to respond and a hearing of the arguments will take place 7 May.

The Unite argument that she is not relevant falls apart under scrutiny, as she has featured heavily in others’ testimony during the case so far, including her allegedly telling Irish officials to inform Ogle that there was no place for him. Unite barrister Mark Harty has also said that Graham may not be ‘amenable’ to subpoena, as if a legal summons is a matter of whether one feels like being summoned.

Ogle is claiming that Unite discriminated against him by sidelining him on his return from cancer treatment – and that he was told that Graham ‘recognises loyalty’ from those who supported her in Unite’s 2021 general secretary election. Ogle, like many Irish figures and branches, supported Graham’s rival, Howard Beckett.

In last week’s sessions of the hearing, Irish Unite stalwart James ‘Junior’ Coss gave evidence corroborating Ogle’s account of sitting through the creation of a whiteboard chart about how the union would be organised after his removal, to the evident ire of the aggressive Harty, whose approach in the preceding session in February led to several ‘sidebars’ with Spelman and Ogle’s outraged barrister.

John Douglas, former general secretary of Irish retail union Mandate, also gave evidence in support of Ogle’s case, to a similar reaction from Harty.

Sharon Graham has previously cancelled appearances in the Republic, avoiding members’ anger and scrutiny over the union’s ‘disgraceful’ treatment of Brendan Ogle. The situation caused such outrage in Ireland that union members picketed Graham’s long-delayed visit to Dublin, Unite’s Community section condemned it as ‘disgusting’ and a whole sector branch threatened to disaffiliate. She did, however, briefly speak at Unite’s Irish policy conference this week, although she did not attend the union dinner with delegates.

Skwawkbox wrote to Unite to ask for comment on the issue:

Ms Graham failed to attend the Brendan Ogle hearing in Dublin by last Friday’s deadline, despite being asked to attend and testify. The Workplace Relations Commission has now invited Ogle and his lawyers to apply for a subpoena.

Please advise, no later than 5pm:

  1. Why didn’t she attend to give evidence?
  2. Does she and Unite intend to contest the subpoena request?
  3. If a subpoena is issued, non-compliance is a criminal offence under Irish law. Will she comply?

    At the time of writing, almost six hours after the reply deadline, Unite had not provided any response. Failure to obey a subpoena in employment cases is a prosecutable criminal offence under Ireland’s ‘Employment (Miscellaneous Provisions) Act 2018‘, with with penalties including prison sentences and large fines.

    Sharon Graham’s tenure as Unite boss has also been marked by a string of other allegations – which neither she nor the union has denied – including destruction of evidence against her husband in threat, misogyny and bullying complaints brought by union employees. She is also embroiled in a defamation lawsuit brought by Irish union legend Brendan Ogle for the union’s treatment of him and comments made about him by Graham and her close ally Tony Woodhouse.

    She has also been alleged by insiders to have:

    Her supporters also prevented debate and votes on Gaza at a meeting of the union’s elected executive last month.

    If you wish to republish this post for non-commercial use, you are welcome to do so – see here for more.

    A timeline of Wilson’s victorious case over ‘antisemitism campaigner’ smearers

    Published by Anonymous (not verified) on Wed, 17/04/2024 - 1:09am in

    How the case developed that ended with uni lecturer James Wilson’s hard-fought win in court after smears put him and his family in danger – and saw LAAS director Newbon commit suicide

    Last week, university lecturer James Wilson won £30,000 in damages from two defendants, James Mendelsohn and Edward Cantor, who had contributed to a smear against Wilson by a third ‘antisemitism campaigner’, Peter Newbon, that put the lives of Wilson and his family at risk. Newbon, a director of the right-wing pressure group ‘Labour against Antisemitism’ (LAAS), was a defendant in the case but died by suicide, after a row with his wife, before the case was concluded. The judgement in the Wilson case revealed that Newbon had ‘concealed’ the case from his wife

    The case never involved much-loved Jewish author Michael Rosen. However, Newbon’s fellow ‘campaigners’ have tried hard to associate Newbon’s death with Rosen because Rosen dared to complain about the antisemitic doctoring of his famous children’s book, Bear Hunt, in a social media post by Newbon used to attack former Labour leader Jeremy Corbyn. The coroner presiding at the inquest into Newbon’s death made no such connection, nor even mentioned Rosen throughout the proceedings, but this has not stopped the trolls’ efforts.

    For readers unfamiliar with the Wilson vs Mendelsohn et al case, below is a timeline showing the chronology of the smears and the subsequent legal victory:

    • Nineteen months before August 2020: a confrontation takes place at Wilson’s children’s school with ‘Mrs A’. The trial judge has ruled that Wilson was blameless, but A posts a picture and libellous claim to Facebook
    • August 2020: Wilson disputes with Newbon on Twitter about the so-called ‘IHRA definition’ of antisemitism – a definition that has been heavily criticised, not least because it doesn’t define, is used to suppress criticism of Israel and enables false accusations of antisemitism – by Jewish legal experts in the UK and even by its original author, Kenneth Stern
    • August 2020: in a manoeuvre typical of so-called ‘antisemitism campaigners’, Newbon resorts quickly to ad hominem personal attacks and responds with libellous  claim that Wilson is a ‘freak who takes photos of kids’
    • August 2020 onwards: Wilson tries to negotiate with Newbon to remove the libel and warns that he will sue if it is not taken down
    • Around August 2020: Newbon’s university employers warn Newbon that he is in breach of the university’s social media code
    • November 2020 Newbon gets into dispute with another person on social media – and receives a second warning from university
    • Around the same time, Newbon also becomes involved with the so-called ‘University Antisemitism Map’ which targets academics who criticise Israel or dispute the right-wing claim of ‘Labour antisemitism’, labelling them antisemitic and identifying their place of work so collaborators can target their employment. Newbon contacts one institution with an allegation about an employee – the employee is exonerated by institution
    • May 2021: Newbon posts a doctored screenshot of a famous ‘tweet’ that originally showed Jeremy Corbyn reading ‘Bear Hunt’ to a group of children. The book held by Corbyn has been photoshopped to make it appear that Corbyn is reading from a notorious antisemitic text, ‘The Protocols of the Learned Elders of Zion’. The image is accompanied by a parody of the words from the Bear Hunt book
    • May 2021: numerous Twitter users object and write to Newbon’s university, whose name is displayed on his Twitter profile. Rosen is informed of the tweet and comments publicly that the doctoring was an antisemitic thing to do. The university says it will take action
    • May 2021: As revealed during the subsequent Wilson case, Newbon prepares an apology to be issued to Rosen, then withdraws the apology and starts legal proceedings, presumably having been advised by lawyers that he has a case against Rosen
    • December 2021: Newbon escalates by issuing a ‘Particulars of Claim’, the formal opening of a libel case, in which he accepts that Rosen is ‘in’ the tweet but claims Rosen is not the target, as the target is Corbyn who is reading Rosen’s book to children in the image. Rosen prepares defence
    • January 2022: Newbon ends his own life after a row with his wife
    • January 2022 onwards: Rosen is blamed for Newbon’s death by various parties either by implication or actual accusations. In articles at the time, another case (ie Wilson’s) is mentioned,  but not by name. Some people note that Newbon was running two cases at the same time, defending against Wilson, claiming against Rosen
    • March 2022: Wilson and Newbon’s wife settle Newbon’s involvement in Wilson’s case against Newbon, Mendelsohn and Cantor
    • February 2023: a High Court judge rejects an attempt by Mendelsohn and Cantor to have the case against them thrown out. The pair had attempted to claim that Wilson could and should have minimised the damage they did to him by backing out earlier from the online conversation in which he was smeared. The judge described the attempt as ‘not very attractive’
    • April 2023: The inquest into Newbon’s death takes place. The coroner makes no mention of either the Wilson or Rosen legal cases. The coroner does mentioned that Newbon had a ‘disagreement’ with his wife and that he left the house in a ‘fragile state’. 
    • December 2023: the Wilson v Mendelsohn, Newbon (deceased) and Cantor case leads to a four-day trial.
    • April 2024: the judge’s findings are published. The judge finds against Cantor and Mendelsohn, dismissing the claims of a string of their witnesses and awarding a total of £30,000 in damages to James Wilson. In the judgment narrative, the late Newbon is described as a bully

    The case, which involved the disclosure by Newbon’s widow of his personal communications, also revealed interesting aspects of his conduct toward Michael Rosen and the behaviour of the trolls who have tried to exploit his death to attack Rosen. Analysis to follow.

    If you wish to republish this post for non-commercial use, you are welcome to do so – see here for more.

    Exclusive: Unite officers accuse Graham & team of breaching collective to ‘crush’ staff

    Published by Anonymous (not verified) on Thu, 11/04/2024 - 10:44pm in

    National Officers’ group complains to exec and legal about ‘anti-trade union’ actions, intimidation by union management and breach of collective agreement

    Unite general secretary Sharon Graham and her management team have been accused of contempt for Unite staff’s collective agreement on grievances – and of a string of other abuses, including the use of legal action to silence and intimidate workers and avoid transparency, banning workers from their workplace under an implied threat of dismissal – and putting people into ‘special measures’ to control the union’s internal democracy.

    A damning letter from Unite’s ‘Officers’ National Committee’ (ONC) explains that the group has been forced to take the ‘unprecedented’ step of going outside the usual collective agreement to notify the union’s elected executive and its legal director of their grievance, in the hope of getting some action to resolve the grim situation. It then goes on to outline the serious abuses they say they are facing – and to imply that if they are not resolved, staff will be balloted for strike action:

    ONC Collective Grievance over Unite management’s interpretation of the Unite Grievance Collective Agreement and the Dignity At Work Collective Agreement.

    A Collective Grievance under section 5 of the Unite Grievance Collective Agreement is required to be presented to the Director of Human Resources however because our Collective Grievance is about the way Procedures are being interpreted and changed and how the content of the employees’ grievances necessitates additionally an unprecedented involvement of the Legal Director and the senior lay officials of the Executive Council.

    The ONC feels justified in making this decision because repeated representations are getting us nowhere. If employees cannot feel that the Grievance Collective Agreement is to be respected by the Union then as trade unionists we know how to respond. But out of respect for our members and to provide the Executive Council, as the ultimate employing body, with the opportunity to hear our concerns that the rights and protections of Unite workers are being undermined and denied we want to avoid a dispute.

    The length of time that grievances and investigations are taking to reach a conclusion is not acceptable in a modern workplace. When employees are waiting months after submitting a grievance due to a refusal of some to participate in the process, being banned from your workplace when not even suspended, and an application of “special measures” to distort democratic structures – none of these are acceptable or are in the traditions of Unite.

    The use of suspension powers should only be used with clear justification and always with a review to evaluate the impact of suspension on an individual’s mental health before the suspension stretches to weeks and months.

    Using legal privilege to justify enforcing a refusal to allow an employee to present their grievance is disgraceful and anti-trade union. If we believe that part of our role is to challenge power in the workplace where that power is used to suppress workers seeking transparency, expressing their genuinely held views or seeking protection from abuse.

    Threats of legal action for raising a grievance cannot be ignored or endorsed. It is contrary to ACAS guidance, a breach of our collective agreement on grievance and Dignity At Work and a denial of natural justice. For any worker to exhibit the courage to voice their concerns about their opinions of inappropriate behaviour against them or others is a right not to be denied. If it is to be crushed or swept away simply because the employer is more powerful and we do nothing about such unfairness in the workplace then who are we standing up for?
    In seeking to declare a grievance invalid the employer has cited the issues of trust and confidence. This, in our view, is a further matter of deep and unprecedented concern. Loss of trust and confidence is a legitimate reason for dismissal by an employer so to reference it is to further intimidate the worker. Its use by our management is nonsensical since by definition any grievance is reliant upon trusting your employer to investigate and adjudicate on the matters raised.

    These concerns raised by the ONC are based on the senior management team of the union having agreed them which is why in our view the Executive Council is the only body that can hold a special meeting to restore the integrity of the Collective Agreements entered into with the Bargaining Units of the Unite workforce.

    We want the following as the resolution to our Collective Grievance. 1) All grievances raised by employees in the union should be investigated, with Unite as our employer honouring its’ obligations by following collective agreements with the bargaining units. 2) The senior management team should work constructively with the ONC to establish a new protocol to ensure grievance and disciplinary investigations should be carried out in an appropriate and timely manner to balancing the right to be heard and natural justice alongside resolving issues that lead to investigations.

    Emphases added by Skwawkbox

    The explosive allegations compound the long list of alleged issues with Graham’s running of Unite. Her tenure as Unite boss has also been marked by a string of other allegations – which neither she nor the union has denied – including destruction of evidence against her husband in threat, misogyny and bullying complaints brought by union employees. She is also embroiled in a defamation lawsuit, and a tribunal case for discrimination, brought by Irish union legend Brendan Ogle for the union’s treatment of him and comments made about him by Graham and her close ally Tony Woodhouse.

    She has also been alleged by insiders to have:

    Her supporters also prevented debate and votes on Gaza at a meeting of the union’s elected executive earlier this month. She campaigned for the general secretary position on the basis of a focus on protecting workers and disavowing political interference.

    A senior union insider told Skwawkbox:

    The Exec would never normally get involved in employee management matters. They would never usually get involved in employee grievances. The officers have emailed them directly to basically say we are getting nowhere with this general secretary, she is out of control using the worst of employer tactics against union employees, we know you don’t deal with our grievances but you are the union’s ultimate body and we are saying to you – do something or we will ballot.

    Unite was contacted for comment:

    1. It’s clear from this that ONC feels trust has broken down between Unite staff and its management – how has Ms Graham allowed things to fall apart so badly?
    2. Unite would never – I hope – tolerate another employer treating staff in this manner, so why is Unite doing so?
    3. What is Ms Graham’s explanation for trying to declare grievances invalid rather than resolving them – especially (and ironically) on grounds that ‘trust and confidence’ in the person(s) making the grievance(s) are the issue, which employees are regarding as attempted intimidation?
    4. The ONC says that Unite is using legal privilege as an excuse for preventing workers from presenting grievances. Is this true?

    The union did not respond by the deadline for publication.

    If you wish to republish this post for non-commercial use, you are welcome to do so – see here for more.

    It Doesn’t Have to Be Like This

    Published by Anonymous (not verified) on Wed, 10/04/2024 - 6:17pm in

    There is no natural law stating that bullies have to dominate our lives.

    By George Monbiot, published in the Guardian 30th March 2024

    The researchers claim to be surprised by their findings, but is it really so remarkable? A large and impressive study of children’s progress into adulthood found that those who display bullying and aggressive behaviour at school are more likely to prosper at work. They land better jobs and earn more. The association of senior positions with bullying and dominance behaviour will doubtless come as a shock to many.

    This is not to suggest that all people with good jobs or who run organisations are bullies. Far from it. It’s not hard to think of good people in powerful positions. What this tells us is that we don’t need aggressive people to organise our lives for us. Neither good leadership, nor organisational success, nor innovation, insight or foresight, require a dominance mindset. In fact, all can be inhibited by someone throwing their weight around.

    Whether in game theory or the study of other species, you quickly discover how the dominance behaviour of a few can harm society as a whole. For example, a study of cichlid fish found that dominant males have “lower signal-to-noise ratios” (sound and fury, signifying nothing) and counter-productive impacts on group performance. Anything sound familiar?

    A win for bullies is a loss for everyone else: their success is a zero-sum game. Or negative-sum: the first study I mentioned also found that school bullies are more likely to abuse alcohol, smoke, break the law and suffer mental health problems in later life. But the bullies’ triumph is also an outcome of the dominant narrative of our times: for the past 45 years, neoliberalism has characterised human life as a struggle that some must win and others must lose. Only through competition, in this quasi-Calvinist religion, can we discern who the worthy and unworthy might be. The competition, of course, is always rigged. The point of neoliberalism is to provide justifications for an unequal and coercive society, a society where bullies rule.

    It’s a perfect circle: neoliberalism generates inequality; and inequality, as another paper shows, is strongly associated with bullying at school. With greater disparities in income and status, stress rises, competition sharpens, and the urge to dominate intensifies. The pathology feeds itself.

    The researchers who conducted the first study suggest, having discovered that bullies prosper, that we should “help to channel this characteristic in children in a more positive way”. To my mind, this is the wrong conclusion. Instead, we should seek to build societies in which aggression and dominance are not rewarded. It would be better for schools to focus on dissuasion and counselling.

    But at every stage of our lives we are forced into destructive competition. Not only are children pressed repeatedly into winnowing contests, but so are schools. In England for instance, with its Sats tests and brutal Ofsted regime, these contests damage the wellbeing of children and teachers. As always, the competition is organised to enable the wealthy and powerful to win. But, as Charles Spencer explains in his memoir of life at boarding school, winning is also losing: parents who send their children to private schools pay to create a dominant outer persona, but the child in the shell might be twisted into knots of fear and flight and anger.

    This counter-education is reinforced in later life by a thousand self-help books, websites and videos. For example, a popular site and programme called The Power Moves, run by the social scientist Lucio Buffalmano, teaches you “10 ways to be more dominant”. These include exerting social pressure, claiming territory, “aggress, assert and punish” and face-slapping. You can also learn eight ways to dominate women, an essential lesson because, apparently, “women sleep with men who make them submit”. The techniques Buffalmano promotes include “hold her face if she refuses to kiss you”, “jokingly push her into a horizontal position”, “jokingly drag her towards the bed” and “penetrate her mind with ‘Daddy Dominance’”.

    Buffalmano claims he wants “to advance humanity by empowering good men to advance, lead and win”. The more likely result is to increase the pool of utter jerks. We should learn instead to be thoughtful, prosocial, kind: to resist dominance, whoever exercises it.

    Obvious bullying in the workplace is no longer generally tolerated. But I suspect that in many cases the apparent improvement is a result of bullies learning to mask their impulses, while they continue to control and manipulate without stepping over the HR line.

    But overt bullying is resurgent in politics. Trump, Putin, Netanyahu, Orbán, Milei and others do little to disguise their crude dominance behaviours. When Trump stalked round the back of Hillary Clinton during their presidential debate and when he disgracefully mocked a journalist’s disability, we could see the child he was – and the child he remains. Our political systems – centralised, hierarchical – are ripe for exploitation by bullies. As in the school playgrounds of old, the worst people end up on top.

    The same dynamics operate at the global level. Governments assure their people they’re engaged in a “global race”: if we fall behind, another nation will overtake us. This story of zero-sum competition justifies any and every abuse. It was used by European nations to rationalise their empire-building and elective wars. It was soon accompanied by a self-serving myth: that the dominance race will be won by the “dominant race”. As Charles Darwin put it: “The civilised races of man will almost certainly exterminate, and replace, the savage races throughout the world.” By subtler means, with subtler justifications, the rich nations still play the same game: their wealth is to a large extent dependent on extraction from other countries.

    But while the one-sided race between nations continues, we collectively race towards the precipice of environmental collapse. If ever there were a need for cooperation and collaboration, it is now. But competition reigns, a competition all of us are destined to lose.

    In short, we should stop celebrating coercive and controlling behaviour. At every stage of education and career progression, and in politics, economics and international relations, we should seek to replace a competitive ethos with a cooperative one.

    This is the amazing thing about human beings, as opposed to cichlid fish: it doesn’t have to be like this. We can control our own behaviour, and envision and build better forms of organisation. Through deliberative, participatory democracy, both in politics and in the workplace, we can create systems that work for everyone. There is no natural law that states that playground bullies should continue exacting tribute for the rest of their lives.

    www.monbiot.com

    Exclusive: Graham to be subpoena’d to testify in Ogle tribunal if she declines to appear

    Published by Anonymous (not verified) on Wed, 10/04/2024 - 7:09am in

    Latest news from today’s session of discrimination case brought by Irish trade unionist against Unite and Sharon Graham as witnesses again ‘rattle’ union barrister – and former GS Len McCluskey will be called again

    Unite general secretary Sharon Graham will be legally summonsed to appear in Dublin at the Workplace Relations Commission (WRC) discrimination case brought by Irish trade unionist Brendan Ogle against Graham and Unite, if she does not accept an invitation from Ogle’s lawyers. The news was confirmed after an attempt by Unite’s highly-paid barrister Mark Harty, to claim that Graham was not relevant to the case because she is the UK general secretary, was rejected by Adjudicator Elizabeth Spelman after Ogle’s lawyers pointed out that Ireland is a Unite region and Graham has overall responsibility, as well as allegedly telling Irish officials to inform Ogle that there was no place for him.

    Ogle is claiming that Unite discriminated against him by sidelining him on his return from cancer treatment – and that he was told that Graham ‘recognises loyalty’ from those who supported her in Unite’s 2021 general secretary election. Ogle, like many Irish figures and branches, supported Graham’s rival, Howard Beckett.

    The question of whether a subpoena would be issued to compel Graham to attend was left open at the end of the last three-day session of the case. Harty tried to claim Graham was not relevant to the case and may not be ‘amenable’ to subpoena, as if a legal summons is a matter of whether one feels like being summoned. Graham and her alleged words about getting rid of Ogle have featured prominently in the case so far.

    In other news from the tribunal, Irish Unite stalwart James ‘Junior’ Coss gave evidence corroborating Ogle’s account of sitting through the creation of a whiteboard chart about how the union would be organised after his removal, to the evident ire of Harty, whom attendees described as becoming extremely aggressive.

    John Douglas, former general secretary of Irish retail union Mandate, also gave evidence in support of Ogle’s case, to a similar reaction from Harty – whose approach in the preceding session in February led to several ‘sidebars’ with Spelman and Ogle’s outraged barrister Mary-Paula Guinness.

    Tomorrow’s session of the hearing was postponed after Unite’s lawyers called pro-Graham union employee Therese Maloney in an attempt to rebut former general secretary Len McCluskey’s testimony that he had assured Ogle his job would be kept open. Adjudicator Spelman ruled that McCluskey must be on hand for re-examination before Maloney can testify.

    Sharon Graham has previously cancelled appearances in the Republic, avoiding members’ anger and scrutiny over the union’s ‘disgraceful’ treatment of Brendan Ogle. The situation caused such outrage in Ireland that union members picketed Graham’s long-delayed visit to Dublin, Unite’s Community section condemned it as ‘disgusting’ and a whole sector branch threatened to disaffiliate.

    Graham’s tenure as Unite boss has also been marked by a string of other allegations – which neither she nor the union has denied – including destruction of evidence against her husband in threat, misogyny and bullying complaints brought by union employees. She is also embroiled in a defamation lawsuit brought by Irish union legend Brendan Ogle for the union’s treatment of him and comments made about him by Graham and her close ally Tony Woodhouse.

    She has also been alleged by insiders to have:

    Her supporters also prevented debate and votes on Gaza at a meeting of the union’s elected executive earlier this month.

    Failure to obey a subpoena in employment cases is a prosecutable criminal offence under Ireland’s ‘Employment (Miscellaneous Provisions) Act 2018‘.

    If you wish to republish this post for non-commercial use, you are welcome to do so – see here for more.

    ‘Mel Stride’s Remarks on the Public Using Mental Health to Avoid Work Hide a Culture of Failure and Secrecy at the Department He Runs’

    Published by Anonymous (not verified) on Fri, 05/04/2024 - 11:12pm in

    Mel Stride recently suggested that the culture around mental health has gone too far, with too many people using it as an excuse not to work.

    The Work and Pensions Secretary told the Telegraph last month that there was a "real risk that we are labelling the normal ups and downs of human life as medical conditions" which hold people back and increase benefits bills.

    Stride added that there is a "danger that this has gone too far" and suggested that, as a culture, "we seem to have forgotten that work is good for mental health".

    Some 2.8 million people are not working due to health issues in the UK and welfare spending is forecast to be £80.9 billion in 2023-2024. As of February, the UK had 932,000 vacancies, according to the Office for National Statistics, and despite falling by 26,000 from November 2023 to January 2024 – and for the 19th consecutive period – there were still 700,000 more people out of work than when the pandemic began. The UK has had no growth in more than a decade.

    While Stride was happy to hit out at people claiming benefits, few questions have been asked about what the Department for Work and Pensions (DWP) has, and is, doing about it.

    On its website, the department lists helping people to "move into work and supporting those already in work to progress, with the aim of increasing overall workforce participation" as one of its key responsibilities.

    When I founded Recro, an employability and recruitment solutions consultancy and training company in 2009, getting 30% into work was considered an industry measure of success, and figures for the London Skills and Employment Board found that two-thirds of employers couldn’t hire people with the skills and competencies they required. So clearly, a lot of work needed to be done to upskill the unemployed into work.

    The Treasury and DWP operate on 6% additionality. So, for every 100 jobseekers, they expect 24 to find themselves work. Job centres and providers, including national programmes such as 'Restart’ – the Government’s flagship back-to-work programme for Universal Credit claimants who have been out of employment for nine months or more – get an additional 6% into work. According to research by Politics Home last year, each job created through Restart costs £40,476.

    In 2012, when I started delivering programmes in partnership with DWP, there was no mechanism in place to learn from successful programmes, replicate and scale.

    We partnered with a number of London boroughs that had huge regeneration programmes with thousands of jobs attached and residents who needed jobs. DWP contract and partnership managers said Recro's was the most effective and successful programme they had seen, often getting 50% into work.

    But these programmes were never repeated or scaled due to procurement procedures and attitudes, with job centre managers saying that "commercials (the procurement team in DWP) get nervous". The rationale never made sense to me and didn't appear to be challenged.

    A parliamentary question by Shadow Employment Minister Seema Malhotra revealed in February 2021 that the department monitors performance at a district level but does not collate it nationally, so opportunities to learn have potentially been missed.

    In 2016, DWP launched the DPS (Dynamic Purchasing System), a route to market for job centres to work with small and medium-sized enterprises to meet jobseekers needs going unmet. Despite its proven success, Recro did not consistently win contracts.

    Transparency is the Answer

    Last year, MP John Penrose led a campaign calling for greater transparency in the performance of all employment support programmes. This was backed by a cross-section of think tanks including the Fabian Society, the Centre for Policy Studies, the Adam Smith Institute, Spotlight on Corruption, and Transparency International UK.

    At the time, Stride said it would be cost prohibitive to obtain the data, that they don’t need to gather it under the Cabinet Office playbook and the spend does not fall within the Government’s KPI data publication policy.

    DPS2 (which replaced the Dynamic Purchasing System) follows a process where buyers buy blind. They are not allowed to know whether a programme they bought delivered what it said it would.

    While the Secretary of State in his response believed that DWP doesn’t have the performance data and that districts (regional offices) do, the reality is they are told they can't use it by the DWP procurement team.

    The National Audit Office has called for greater transparency for years, as has the Work and Pensions Committee, but DWP continues to resist.

    Some of the reasons the procurement team provided me with for the way purchasing decisions are made is that it thinks it would be against procurement law and fair and open competition to measure performance.

    What is Going On in Treasury?

    The Treasury got £1 billion back from DWP unspent on Kickstart, the Government’s £2 billion flagship scheme to create new jobs for 16 to 24-year-olds at risk of long-tern unemployment which was launched in 2020.

    It was described as “chaotic” by the Public Accounts Committee in 2022, as it only managed to help 168,000 people of the original 250,000 target. DWP, it wrote, “neglected to put in place basic management information that would be expected for a multi-billion-pound grant programme”.

    Further to a meeting I had with Treasury in 2022 about problems with DWP, it contacted the department and received a stock response saying: “DWP are running supplier engagement sessions in the form of supplier surveys and supplier forums… If you have further comments or suggestions...”

    Last year, the Treasury twice went to market asking other government departments to bid for funding to find out what works at getting people into work.

    The late Lord Kerslake, when he was chief executive of the civil service and the National Audit Office, described a culture of denial and a culture of good news at DWP.

    One in six young people is NEET (Not in Education, Employment or Training) – more than 850,000 – according to ONS data from December 2023. Millions are economically inactive, a huge number of people over 50 are looking for work, and more than 2.5 million can’t work due to ill health. So the news at DWP isn't good at all.

    In January 2022, I wrote to Stride when he was chair of the Treasury Committee with a briefing paper on key issues at DWP, offering to explain what was actually going on there, what that costs the UK, and how to fix it. The offer still stands.

    The Department for Work and Pensions declined to comment.

    ‘Panic, Misinformation and Hysteria About Freeports is Drowning Out the Real Concerns’

    Published by Anonymous (not verified) on Thu, 04/04/2024 - 10:22pm in

    The serious allegations and revelations about Teesworks and the Teesside Freeport have sparked renewed attention to the dangers of freeports and other kinds of special economic zone (SEZ), as has recent Government confirmation that eight new investment zones will commence operation in the 2024-25 financial year, with a further five in prospect.

    This attention is vitally important.

    Although a recent Government-commissioned review of Teesworks did not find evidence to justify allegations of corruption or illegality, it did identify multiple defects in decision-making and transparency, as well as questioning whether it provides value for money.

    Many commentators, including anti-corruption experts, consider that this review was insufficient in its powers and scope, and are dubious about its failure to identify corruption. Certainly, it is unlikely that this is the end of the matter as regards the Teesside freeport or others, and investigative journalism by Private Eye, especially, continues to undertake outstanding reporting of this unfolding story.

    However, these important issues are being obscured by the swirl of errors, confusions, and hyperbole which has reappeared around UK freeports and ‘charter cities’ or ‘states within a state’ – particularly on social media but also crossing over into the traditional media.

    Dispersing this fog is difficult because the claims made are convoluted, fragmented, hard to pin down, and difficult to disentangle from the occasional truth they contain. They would be easier to evaluate if they were based on published research reports about the actual operations or rules of UK SEZs but, tellingly, they are not.

    Unpacking what is being said therefore requires a lengthy explanation but, with misinformation on this issue now spreading like wildfire, it is worthwhile both in the interests of accuracy and – crucially – to prevent the false or exaggerated claims being made, giving advocates of SEZs an easy way to discredit their critics.

    There is also a more narrowly political issue. To the extent that Labour has no apparent plans to dissolve SEZs if it comes to power, it is being suggested that the party is ‘complicit’ in what is claimed these SEZs consist of. 

    SEZs

    Special economic zone is a generic term encompassing a wide variety of foreign trade zones, freeports, investment zones, industrial parks, export processing zones, enterprise zones, and even ‘charter cities’ (in this sense, the phrase ‘freeports and SEZs’ is a misnomer).

    What all SEZs share is some form of derogation from the laws and regulations of the country within which they are located. But what that means, and the specific institutional and legal forms it takes, also varies considerably.

    The actual or potential problems of SEZs around the world are well-established, including a lack of democratic accountability, tax evasion, money-laundering, and the erosion of environmental and labour standards, all the way through to grotesque breaches of human rights.

    At the same time, one of the best-evidenced criticisms is that they are an ineffectual, and possibly counter-productive way of promoting economic activity, as they are more likely to draw existing activity to them – to the detriment of other areas – than to generate new activity.

    With so many potential dangers and arguably so few benefits, it is entirely right and necessary that SEZs be subjected to very close scrutiny.  

    In the UK, the derogations involved have predominantly meant tax exemptions of various sorts, including reduced or waived business rates and employer National Insurance contributions, investment support, and the relaxation of planning rules. Freeports, specifically, also suspend or simplify customs procedures and tariff payments until goods leave them.

    It seems likely that some of the SEZs currently being developed in the UK will be given considerable rights to compulsorily purchase land and buildings as happened in the past with, for example, the London Docklands Development Corporation. The official intentions behind these SEZs have included boosting employment, economic growth, innovation, investment, and trade, and reducing regional inequalities, although their effectiveness in these respects is highly contested.

    As this suggests, SEZs are not a new phenomenon in the UK, and can be traced back at least to the early 1980s, but they have come and gone, and changed name and detailed provisions over time. There have even been freeports in the past, although the last of these closed in 2012.

    The variety of forms SEZs take also makes it hard to pin down the exact numbers involved, as does the fact that in the past few years the Government has made several proposals for different numbers of SEZs, some of which have been modified or abandoned, others of which are at different stages of creation.

    As things stand, there are at least 60 enterprise zones still in operation across the UK which were created following the Coalition Government’s 2011 Budget. The current Government is creating at least 12 (perhaps 13) new freeports which are at various stages of development, and there are also the 13 new investment zones currently being created.

    It is presumably adding all these together that leads to the figure of 86 frequently appearing on social media as the number of current and projected SEZs in the UK.

    An aerial view of the Port of Felixstowe, Suffolk, part of 'Freeport East'. Photo: John Fielding/Wikimedia Commons

    States Within a State?

    The UK has, or will soon have, a mixture of SEZs. What it does not have, and there are no announced plans for it to have, are charter cities.

    Charter cities are a particular, and intensely controversial, form of SEZ, generally found in economically developing countries, in which, typically, a private company or consortium takes over the laws and regulations of a territory within the ‘host country’.

    The most famous, or infamous, examples are the now abandoned zones for employment and economic development in Honduras. The claim that UK freeports are, or will become, charter cities started floating around a couple of years ago, based mainly on some rambling essays, by an author using a false name, on a now deleted website.

    At that time, and again now, a particular focus of concern was the size of areas denoted on then newly-published Government maps of freeport areas, showing them to extend for up to 45 square kilometres. The concern was reasonable, for the maps were poorly annotated and explained, and became all the more so when combined with the claim that these entire areas were set to become ‘charter cities’.

    But that claim was based on a misunderstanding: in fact, as independent experts have explained, it denotes the area within which freeport facilities (customs and tax sites) must be located, not the area within which the derogations (such as tax breaks) apply, although there remain uncertainties, and therefore significant and genuine concerns, about the scope of changes to compulsory purchase and planning regulations.  

    In recent weeks, there has been a resurgence of these and similar ideas, and even a X (formerly Twitter) community, which currently has more than 500 members, built around them. Though this latest upsurge does not always use the term ‘charter city’, it makes the same claims by talking of the UK SEZs being ‘states within a state’ or ‘countries within a country’ – with corporations able to set their own tax systems and laws, including environmental and employment laws, to the point where many rights are, or could be, suspended.

    If anything, this latest version is even more alarming than before in claiming that all 86 UK SEZs (thus including the old enterprise zones) are such ‘states within a state’.

    Flawed Logic and Motivated Reasoning

    None of this was true when it was first claimed and none of it is true now.

    What is certainly true is that there are free-market and libertarian think tanks which advocate for such developments. It is true that those think tanks, and many individuals within them, are influential with the Government.

    It is true that, in 2010, one of them, the TaxPayers’ Alliance, circulated some notes championing charter cities in the UK. It is no doubt true that many Conservative MPs would agree. It is true that Jacob Rees-Mogg’s father wrote a book extolling the kind of libertarian dystopia associated with charter cities and their advocates. And it is true that Rishi Sunak, who is a longstanding advocate of freeports, was once taught by the Stanford economist Paul Romer who was the architect of the contemporary charter cities concept (whether this really means, as is invariably claimed as some kind of clinching evidence if true, that he was 'Sunak’s mentor’ seems improbable since Romer has “no recollection of ever interacting with him”).

    But there are no ‘dots to be joined’ here. Whatever any of these individuals or organisations may want, as a matter of fact there is no legal basis in the UK, and no legislation in prospect, which would enable in name, or in effect, anything remotely like charter cities or ‘states within a state’ or ‘company towns’ or any of the similar claims which are circulating.

    UK SEZs are part of the UK and remain entirely within the UK’s legal order, and there is no way that they could ‘become’ charter cities, or have their own legal order, without primary legislation (and, as will become clear later, without violating the UK’s trade deal with the EU).

    This isn’t one of those issues where there are valid points on 'both sides’ of the debate. It is quite clear cut and beyond rational debate.

    UK SEZs do not make their own laws and they do not have the power to set different employment or environmental regulations from the rest of the country.

    Except in the most circuitous of ways, UK SEZs have nothing to do with the East India Company or with Hong Kong Freeports during the Opium Wars. Such comparisons make for good rhetoric but are based on the confusions arising from SEZ being a generic term which can be applied to multiple things.

    The result has been to conflate all the different kinds of SEZs there are, or have ever been, or have ever been proposed, across different centuries and around the world, and to ascribe characteristics of any of them to current UK SEZs.

    At its heart is a well-known logical fallacy along the lines of ‘a dog is an animal. An elephant is an animal. Therefore a dog is an elephant’. What then proceeds is the familiar practices of all ‘motivated reasoning’, which selects or twists evidence to fit assumptions, and mistakes absence of evidence for the presence of a hidden agenda. It soon becomes easy for perfectly well-intentioned people to become completely invested in ‘proving’ the fallacy to be true, and for social media echo chambers to amplify the message, and possibly make it even more inaccurate in the process.

    In this particular case, it seems to have gained credence mainly among many who, confronted with similar logic and reasoning from Brexiters, would readily detect its deficiencies. If this case is different perhaps it is because, superficially, it looks like another of the well-founded critiques of Brexit.

    Brexit and Freeports

    Although most of the UK’s SEZs predate it, Brexit has given new impetus to concerns about them, not least because the Government proclaims the new freeports, specifically, to be a ‘Brexit benefit’ and trumpets the idea that this is because they will be free of EU rules that governed the previous UK freeports.

    It is true that the EU has such rules and that these are more stringent than those of the World Trade Organisation, with which the UK has to comply. That the Government, in its desperation to show some value to Brexit, should make a great deal of this is not surprising.

    What is more surprising is that critics of these new UK freeports should adopt a mirror-image form of the Government’s rhetoric, by inferring that this means that EU freeports, including those which the UK used to have, are not of concern because they are ‘tightly regulated’, whereas the new UK version will be completely different.

    This is a rather starry-eyed view of EU freeports which, like other SEZs, have themselves been criticised for fostering corruption, tax evasion and criminality. That is clearly not an argument for UK freeports, but it does demonstrate that for critics to draw a sharp distinction between ‘tightly regulated’ EU freeports and post-Brexit UK freeports is misleading.

    That, in turn, should give pause for thought to those who believe that post-Brexit freeports are set to be deeply malign – whereas their pre-Brexit version was, if not benign, then at least no worse than merely ineffective.

    Freeports and State Aid

    In reality, as these critics rightly identify, the principal way that post-Brexit freeports differ, or may differ, from those allowed by the EU, relates to state aid, which is indeed tightly controlled in the EU version. However, it is bizarre that they should focus on this issue, given that their wider critique comes primarily from a broadly left-wing viewpoint.

    Are they suggesting that state aid is automatically a bad thing? After all, a standard criticism made of the EU by the left, including ‘Lexiters’, is that its restrictions on state aid mark it out as a neoliberal organisation. Why, then, would anyone on the left argue that the UK making more extensive use of state aid than the EU allows should be seen as a problem?

    Conversely, if UK’s post-Brexit freeports are, as these critics insist, a playground for ‘anarcho-capitalism’ and the most extreme forms of neoliberalism and libertarianism, that can hardly be squared with the criticism that they are ramping up the provision of state aid.

    This criticism is not just ideologically incoherent, it also misses or obscures two crucial points.

    The first is that, in fact, post-Brexit UK freeports, and the UK generally, are not able to operate independently of EU state aid rules. It is true that the UK no longer has to obtain advance approval from the European Commission for things such as freeport tax breaks, but it is bound by the state aid provisions within the 'level playing field’ commitments of the Trade and Cooperation Agreement with the EU.

    Indeed, there have already been concerns raised by the EU that UK freeport tax incentives (which is what is specifically at issue, though subsidised asset sales could become another) may violate those provisions. Whether they do so, and if they do what action the EU takes, remain to be seen, but it demonstrates the falsity of the claim that UK freeports can simply ignore EU state aid rules, and of the claim that UK freeports are constrained solely by WTO rules.

    What is even more important is what this criticism obscures. The EU may object to freeport state aid because it gives the UK competitive advantage. Right-wing neoliberals may object to it because it distorts market competition. But the real concern should be whether freeport tax incentives and highly subsidised asset sales are in fact a cover for cronyism and corruption.

    It is this possibility, rather than some idea that ‘state aid’ is inherently wrong, or that EU state aid rules are inherently virtuous, which lies at the heart of the accusations which have already been made about Teesside Freeport and which, very likely, will emerge about others in the future.

    Finally, it has been suggested that, to the extent that UK Freeports do not comply with EU Freeport regulations, their existence is a bar to the UK re-joining the EU. This is not true. In the course of any accession process, UK SEZs would simply have to be amended over an agreed period of time to comply with EU rules, as has happened with the SEZs of many accession countries, such as Poland, in the past.

    Since freeport derogations are time-limited, this would not likely give rise to contractual disputes. Even if it did, suggestions that this would lead to the UK facing legal claims in a ‘secretive court’ under an ‘investor-state dispute settlement’ (ISDS) mechanism are puzzling. ISDS features in some international trade and investment agreements and has had relevance to some charter city contracts, so this suggestion is likely to just be based on the underlying confusion of freeports and charter cities, since it is a mystery what agreement or associated ISDS mechanism might give rise to such legal claims in relation to UK freeports.

    Retained EU Law

    The other, quite different, Brexit issue which is being mentioned in relation to SEZs is that of EU law and regulation – especially that relating to employment and environmental standards. Specifically, it is claimed that the Government has axed huge swathes of what was Retained EU Law (REUL), with more to follow.

    It is a strange shift in logic because, even if it was true, it would be true for the UK (or in some cases only Great Britain) as a whole, whereas the ‘state within a state’ claim is that SEZs have different laws and even different legal systems from the rest of the country.

    But, in any case, it is also misleading.

    It is true that Boris Johnson, Liz Truss and, at one time, Sunak, all promised to shred the majority of Retained EU Law. How deeply this would have bitten into employment and environmental protections will probably never be known, as we don’t know which things would have escaped the shredder. But the fact is that, much to the outrage of Conservative deregulatory Brexiters, Sunak was forced – for pragmatic rather than principled reasons – to substantially water-down what became the Retained EU Law (Revocation and Reform) Act of 2023. The bulk of what is now called ‘assimilated law’ has been kept.

    It is true that one thing which hasn’t been assimilated is the Retained EU law relating to port service regulations, and some of the freeport critics have lighted on this as being significant – but mistakenly so. It has been axed because UK ports are mostly not state-owned, which is nothing to do with Brexit, and the regulations are only relevant to freeports, specifically, to the extent that they might have contradicted some of the tax breaks being offered. However, the decision to create those tax breaks had already been taken, so the Act changed nothing in that respect.

    Crucially, the Act has allowed almost no changes to employment rights, and most EU case law has been written into UK legislation. With regards to environmental regulations, the concerns about the extent of what would be scrapped under the original proposals have not eventuated, although there have been losses, especially of air pollution laws, and to the extent there is divergence from EU rules it is mainly passive (not following EU changes) rather than through actively scrapping existing rules.

    That’s not to deny that there is plenty to be concerned about in this, including substantial uncertainty about how assimilated law will operate, and plenty more that could be written. But it has nothing to do with SEZs specifically.

    Deregulation

    Of course, it is always perfectly possible that this Government, or a future one, might remove some or all employment rights, environmental protections (and literally anything else). That could come from future UK legislation which might, in turn, annul some or even all assimilated law or, most concerningly of all, from individual ministers using statutory instruments, rather than legislation, to do so.

    Nevertheless, as things stand there has been no significant, and certainly no wholesale, regulatory change in these areas.

    In any case, as with the state aid issue, the UK would be constrained by the level playing field provisions of the Trade and Cooperation Agreement, which contain non-regression clauses relating to employment and environmental protections.

    More generally, detailed academic research on post-Brexit regulatory divergence of any sort shows that is has been relatively limited and that, again much to the anger of Conservative deregulatory Brexiters, “non-divergence is the new consensus in British politics”. To reiterate, while this could change, doing so would affect the whole country, not just SEZs. So if a government was minded to make such a change, why would it want to confine it to SEZs? And, even if it did, that would still not make SEZs ‘states within a state’, setting their own law: it would be a political decision by the government, and enacted by national law, just like any other.

    The understandable concern that the Government will pursue a strategy of deregulation stands in its own right – but it doesn’t need some bizarre theory behind it about the creation of charter cities.

    In fact, the Government has explicitly stated that “there is no deregulatory agenda in freeports”, including in relation to workers’ rights and environmental standards. Of course, it may be misleading. If so, that could be demonstrated by pointing to evidence that there has been such deregulation, or that the legal apparatus has been created to make it possible. Yet, there was nothing in the freeport bidding process which made any reference at all to bidders acquiring the ability to make their own laws, or to set their own taxes, or to establish their own labour and environmental standards (in fact, the regulatory constraints enumerated would make many free-marketers weep). Even more importantly, there has been no law passed or ‘charter’ granted which would allow them to.

    If that isn’t enough, consider that the first of these freeports became operational in 2022, but there are no examples of corporate-created law being in place, or of a different set of employment rights or environmental regulations being in force, within them.

    The same goes for the 60 enterprise zones which, we are told, are among the 86 SEZ ‘states within a state’. They have had many years of operation, including three years since the Brexit transition period ended and EU law ceased to be binding, to create such corporate legal or regulatory systems. Yet here, too, there are no examples of this having happened.

    Evidence and Expertise

    The fact that so many exaggerated or inaccurate claims about UK SEZs are gaining traction is a testament to the Government’s failure to communicate its policy and, no doubt, to the lack of trust that many people have in its intentions.

    But, even if the Government’s communication was perfect, it would not be able to disguise the genuine and serious criticisms of its SEZs which exist: their questionable economic value, their questionable value for money, their capacity to lead to corruption and criminality, their lack of transparency and accountability, and their capacity to dilute or over-ride local planning controls.

    It is not necessary to deny these criticisms, and it is certainly not necessary to defend UK SEZs, including freeports, in order to challenge the wilder accusations that are being made about them. Indeed, challenging those accusations is an important part of ensuring that the real criticisms are not drowned out or discounted.

    Similarly, to the extent that many of the accusations are associated with criticising Brexit, they detract from all the many real criticisms of Brexit. It becomes all too easy to dismiss these real criticisms as ‘Brexit Derangement Syndrome’ simply by pointing to such unfounded assertions.

    That is especially unfortunate since, whereas Brexiters have been notoriously disdainful of experts and evidence, those opposed to Brexit have tended to be more careful to rely on them. Yet it is notable that these charter city or ‘states within a state’ claims about UK SEZs are not based on any professional research and are not coming from reputable academic experts in a relevant subject or established journalists.

    It seems highly unlikely that such experts, many of whom are themselves highly critical of Brexit, are suddenly coy about endorsing what would, if true, be a major and damning critique of it.

    The more obvious, and correct, conclusion is that, on the basis of the available evidence, they know it is not true.

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