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Nearly 300 Parliamentary Lobby Groups Disappear After New Rules on Foreign Funding and Membership Come into Force

Published by Anonymous (not verified) on Thu, 11/04/2024 - 2:14am in

Hundreds of parliamentary lobbying groups have been disbanded after new rules came in banning foreign state funding and tightening up transparency rules. 

All Party Parliamentary Groups have come under close scrutiny in recent years, following a raft of scandals. The internal lobbying groups are composed of MPs and peers but are often run by outside organisations known as secretariats.

Amid fears that vested interests and even hostile states could use them to unduly influence parliamentarians – while adding a layer of parliamentary prestige to their work – all APPGs are now required to produce an annual income and expenditure statement, with the secretariats banned from receiving funding from foreign states, whether directly or indirectly. 

It may have posed a problem for the dozens of cross-party groups that provide free ‘educational’ trips to MPs to the countries in question. 

Following the new rules, the count of APPGs, groups in Parliament that span a wide range of interests has plummeted from 722 to 444, marking a 39% decrease within just a month, according to analysis by the non-profit democracy group mySociety. 

Last year, Politico uncovered instances of British parliamentarians having engaged in ‘sex tourism’ and heavy drinking through trips hosted by some country-focused APPGs. 

The outlet also found a small cohort of MPs, approximately 10 "super members” held roles in 20 or more country-focused APPGs. Collectively, the backbenchers undertook overseas visits amounting worth over £450,000 since joining parliament. 

National-focused APPGs that have now been scrapped include Bahrain, which was chaired by the now-suspended Tory MP Bob Stewart. Stewart recently had his conviction overturned over a verbal tirade against a Bahrain democracy protester. 

Reporting by OpenDemocracy in 2022 estimated that APPGs had received around £25 million in benefits from outside bodies in four years, with more than half of that coming from private sector firms. 

APPGs are sometimes seen as a bridge between Parliament and the public, allowing MPs and Lords with shared interests to engage with policy areas and outside groups. But they’ve faced growing scrutiny for potential vulnerabilities to corruption, with Transparency International highlighting concerns over MPs and peers accepting expenses-paid trips from governments with dubious records on human rights and corruption.

The tougher rules introduced at the start of this month are aimed at enhancing financial transparency and reducing foreign influence within the parliamentary groups.

The number of country-specific groups has subsequently fallen by 43%, while subject-focused groups on issues – ranging from jazz to the wine industry and electoral reform – have fallen by 38%. Some groups may have been unable to meet the new 20-member minimum threshold. 

However, the Substack Democracy for Sale has noted that groups that have chosen not to register officially can continue to operate similarly to APPGs but without the obligation to follow the new transparency and funding rules. 

Tom Brake, director of Unlock Democracy, told Byline Times: “We will need to keep close watch on whether less scrupulous operators, who are keen to bypass the rules, set up new groups with misleadingly official names. If this happens, MPs should give them a wide berth.” 

Julia Cushion, Policy and Advocacy Manager at mySociety, said that while the new rules clamp down on inappropriate funding from foreign governments and corporate lobbying, “there is now a risk of new “informal” policy forums popping up in their place.” 

Regardless of how the money came to them, MPs are obliged to declare gifts (such as trips paid for by foreign governments) through their own declarations of interests, for any over the value of £300. 

Steve Goodrich, Head of Research and Investigations at Transparency International UK added: “APPGs had long been a backdoor for lobbyists, including those representing big oil and kleptocrats. That corrupt and repressive regimes like Azerbaijan could secure privileged access to the parliamentary estate through these groups shows how bad things had gotten.

“Parliament was right to require greater transparency and accountability over APPGs, which has seen a dramatic drop in the number of groups registered.”

But he also urged the Government to bring forward legislation to ‘lift the lid’ on other forms of lobbying in politics.

The Losers

Country-based APPGs that have now been scrapped: Afghanistan, Argentina, Australia and New Zealand, Azerbaijan, Bahrain, Barbados, Belarus, Bermuda, British Overseas Territories, British Virgin Islands, Central America, Channel Islands, Colombia, Croatia, Democratic Republic of Congo, Egypt, Eritrea, Estonia, Ethiopia and Djibouti, Falkland Islands, Faroe Islands, Greenland, Iceland, India, Jamaica, Kashmir, Kurdistan Region in Iraq, Kuwait, Liechtenstein, Lithuania, Maldives, Moldova, Montserrat, Nepal, Netherlands, Nigeria, Norway, Pacific Islands, Pakistan, Peru, Philippines, Pitcairn Islands, Polar Regions, Qatar, Republic of Korea, Russia, Slovakia, Southern Yemen, Sri Lanka, St Helena, Switzerland, Taiwan, Turkey, Ukraine, United Arab Emirates, Uzbekistan, Venezuela, Western Sahara, and Zambia.

There is no suggestion that the MPs involved in those APPGs were funded by foreign states, unless their registers of interest say otherwise. 

Other all-party groups to have been abolished this month – some of which may have provided free jollies for MPs and peers, include groups for:  

  • Formula One
  • Golf
  • Horse
  • Polo
  • Rowing
  • Scottish Sport
  • Wine of Great Britain
  • Dance
  • Covid-19 Vaccine Damage
  • Maritime and Ports
  • Britiish Offshore Oil and Gas Industry
  • Motorsport
  • Racing and Bloodstock
  • War Crimes
  • Formula One
  • Golf
  • Horse
  • Polo
  • Rowing
  • Scottish Sport
  • Wine of Great Britain
  • Dance
  • Covid-19 Vaccine Damage
  • Maritime and Ports
  • Britiish Offshore Oil and Gas Industry
  • Motorsport
  • Racing and Bloodstock
  • War Crimes
  • The new rules from this month: 

  • No APPG can have a secretariat that is provided by or funded by a foreign government. 
  • The Chair or an Officer of an APPG must undertake due diligence to ascertain whether the ultimate funder of any benefit – secretariat services or otherwise – is a foreign government
  • A Group must have four registered officers (and no more), including at least one from the government party (or parties) and at least one from the main opposition party. At least two officers must be from the Commons
  • The Chair is responsible for the Group’s compliance with parliamentary rules and must be the group’s Registered Contact.
  • An APPG must have at least 20 members of either House. This includes the four officers of the group. 
  • No APPG can have a secretariat that is provided by or funded by a foreign government. 
  • The Chair or an Officer of an APPG must undertake due diligence to ascertain whether the ultimate funder of any benefit – secretariat services or otherwise – is a foreign government
  • A Group must have four registered officers (and no more), including at least one from the government party (or parties) and at least one from the main opposition party. At least two officers must be from the Commons
  • The Chair is responsible for the Group’s compliance with parliamentary rules and must be the group’s Registered Contact.
  • An APPG must have at least 20 members of either House. This includes the four officers of the group. 
  • As of after the next election, MPs or peers can only be officers for a maximum of 6 APPGs. 

    Do you have a story that needs highlighting? Get in touch by emailing josiah@bylinetimes.com

    Angela Rayner Tax Protest Was Staged by Conservative Politicians Posing as ‘Tax Activists’

    Published by Anonymous (not verified) on Thu, 11/04/2024 - 2:07am in

    A supposedly grassroots 'tax protest' against Labour party Deputy Leader Angela Rayner, which hit the headlines on Wednesday, was organised and conducted by Conservative party politicians, one of the organisers has admitted to Byline Times.

    The Daily Express published video from the protest in Yarm, North Yorkshire, showing what were described as "activists" donning caps, glasses and yellow vests with the slogan "tax inspector".

    The report refers to what are described as "local sources" suggesting that Rayner was "forced to sneak out the back door of the Tomahawk bar to avoid being photographed with the protestors on the way out."

    "Walking down Yarm highstreet, Ms Rayner was seen hiding under an umbrella as activists wearing 'Tax inspector' high-vis vests unveiled a giant banner reading: "Angela Rayner: Tax dodger?” the paper reported.

    The Express did not reveal who the protesters, three of whom could be seen wearing caps, glasses and a hood were, or which campaign they represented. Nor too did other reports in outlets including the Spectator, GB News, or Guido Fawkes.

    However, Byline Times has identified one of the protesters as local Conservative Councillor for Yarm, John Coulson.

    Coulson admitted to this paper to taking part in the protest, alongside other local Conservative councillors.

    However, he denied organising the protest, which he said had been put together at short notice by "others" in the party

    "Our local guys decided to make this protest", Coulson said.

    "It wasn't organised by me. I was asked to get involved because I am very vocal, and I'm very active and because I believe in what we're doing, I got involved".

    Coulson, who faced his own local controversy back in 2022 over allegations of posting misogynistic social media posts, said that he took part because he feels "very protective" of local Conservative MP Matt Vickers, who is projected to lose his seat in the House of Commons to Labour, according to a series of recent national opinion polls.

    The protest follows a campaign by the Conservative party and supportive newspapers to raise questions about Angela Rayner's historic tax affairs.

    Rayner has strongly denied underpaying capital gains tax on the sale of a property ten years ago, which independent tax experts suggest would amount to around £1,500 if proven to have been underpaid.

    The allegations first surfaced in a new book published by the former Conservative peer Lord Ashcroft, who previously faced controversy himself over his use of a non-dom tax status, which reportedly allowed him to legally avoid tens of millions of pounds in tax.

    ‘Trapped’: Tenants Consider ‘Rent Strikes’ in Response to Sky-Rocketing Service Fees

    Published by Anonymous (not verified) on Wed, 10/04/2024 - 9:23pm in

    A huge rise in service fees for leasehold and shared ownership properties – sometimes of tens of thousands of pounds – has led to a record rise in tenants choosing to withhold payment and go on ‘rent strike’, Byline Times can reveal.

    The Social Housing Action Campaign told this newspaper that, in the first quarter of 2024, it had seen a fourfold increase in tenants – around 700 people – choosing to download a template letter that can be used to notify landlords of their intention to strike.

    A report the group conducted late last year also found that a huge rise in the number of people choosing to withhold rent or service fees for the first time – over 90% of those it polled.

    While some of those recorded by SHAC were unable or refusing to pay rent – rises in even social rents has outstripped wages for several years, leaving a growing number of tenants unable to pay.

    But the vast majority were those withholding service fees. Usually amounting to a few thousand pounds a year at most to cover communal cleaning and upkeep costs, service fees for leasehold and shared ownership flats have skyrocketed in recent years. 

    The Last Resort

    While freeholders and managing agents are supposed to be transparent about the things that money will be spent on, growing numbers of tenants have reported being unable to get copies of invoices or end of year accounts from their building owners.

    Many of these buildings are run or owned by housing associations – after the government pushed them to move into building private housing stock – to help fund the cost of the formerly council-run social housing they manage across the country.

    José Mellado’s South London shared ownership flat was supposed to be an affordable way onto the housing ladder. But just a year after moving in his service charges have started rising rapidly. 

    Now he has to pay £469 a month to cover ‘communal costs’ – in a building which doesn’t have the amenities like security or communal areas that normally lead to such costs.

    “We’ve only been there for one year so we were shocked, and angry as well. We have no control over it,” he explains.

    That cost has come on top of rising council taxes and mortgages that mean between the three costs he is now set to be spending just under £20,000 a year on the flat.

    The rising fees (which weren’t disclosed when he bought the property) mean the flat is less attractive to sellers, leaving José feeling “trapped” in the building.

    “We need to do something about all this. We can’t just sit there being polite,” he added.

    “So we started to strike over the rise – we will pay the original amount but not the increase, and try to raise our voices in another way.”

    But even then he knows there are some blocks much worse off than his. In one block in King’s Cross, tenants have been asked to pay £16,000 a year each to cover communal costs, almost triple what it was before.

    “People are driven to withhold payment as a last resort. No one wants to be in this position,” said Suzanne Muna, secretary of the social housing action campaign.

    "Undoubtedly the financial squeeze is having an impact, and households have to account for every penny. This, together with the unjustified and extortionate charges that we are seeing has left people without a choice.”

    She went on: “The problem is also structural – access to justice through other means is closed off. Neither the Housing Ombudsman nor the Regulator of Social Housing addresses complaints relating to service charge levels. 

    “Taking your landlord to court can mean having to make a payment and landlords consistently threaten tenants and residents that they will seek to recover their own legal costs from you if you lose.”

    She adds that the morning we spoke two tenants reached out in need of help after skyrocketing service fees that left them dreading letters from their landlord and feeling like they “can't see any light at the end of the tunnel”.

    The National Housing Federation, the trade body for housing associations, declined to comment.

    The Orbánisation of British Politics: Farage and Braverman Headline with Hungarian Prime Minister at National Conservatism Conference

    Published by Anonymous (not verified) on Tue, 09/04/2024 - 11:39pm in

    Suella Braverman and Nigel Farage have been announced as speakers alongside Hungarian Prime Minister Viktor Orbán at this year’s National Conservatism Conference (NatCon) in Brussels next week. 

    Braverman also spoke at last year's UK event with other Conservative politicians including Michael Gove, Miriam Cates and Danny Kruger. Last year the Byline Times reported on NatCon's links to Orbán, US billionaire Peter Thiel, and the organisations funding this effort to mainstream Christian Nationalism.

    The line-up for this year’s NatCon Brussels further demonstrates Orbán’s influence on the right of European politics and also includes many speakers with links to radical right networks in Europe and the US who aim to roll back reproductive and sexuality rights. 

    Toby Young’s Free Speech Union (FSU) is again well represented at NatCon, demonstrating the organisation's links to the movement.

    James Orr and Matthew Goodwin both spoke at NatCon UK and are speaking again in Brussels. Orr was chair of NatCon UK, and is UK chair of the Edmund Burke Foundation (EBF) which is the organisation behind NatCon. 

    The FSU’s Frank Ferudi is also speaking. Ferudi, formerly of the Revolutionary Communist Party, is the Executive Director of the Brussels branch of the Hungarian government-backed college Mathias Corvinus Collegium (MCC). Furedi told Politico that his position at MCC Brussels was “a chance to fight back in the culture wars” in an article that labelled him “Orban’s attack dog”.

    In May 2022, Furedi also spoke at the US-based Conservative Political Action Conference (CPAC) hosted in Budapest. CPAC is an annual conference organised by the American Conservative Union (ACU), the foremost Republican organisation in the US.

    Another NatCon speaker Ralph Gert Schoellhammer is a Visiting Fellow at MCC Budapest. He is also a writer for UnHerd, Spiked, and the European Conservative and a regular on GB News and Talk TV. 

    NatCon features several other speakers from institutes backed by the Hungarian Government.   John O'Sullivan is president of the Danube Institute, a Hungarian conservative think tank that receives state funding, and Rob Dreher is a fellow of the institute. Another speaker Gladden Pappin is president of the Hungarian Institute of International Affairs, Hungary’s foreign policy research institute of state.

    NatCon has been linked to the brand of Christian Nationalism adopted by the radical right in the US. Kevin Roberts, president of the Heritage Foundation who spoke at NatCon UK 2023 is an author of Project 2025 which sets out the agenda for a second Trump presidency, including policies that would “rescind regulations prohibiting discrimination”  and roll back access to abortion and contraception with a “focus on strengthening marriage and sexual risk avoidance.”

    Speaking at NatCon 2024, Paul Coleman is the executive director of Alliance Defending Freedom International (ADF) and a lawyer. The Southern Poverty Law Center based in the US which monitors far-right activity has labelled the ADF as a hate group. The organisation was also named in an EU report Tip of the Iceberg (TOTI) as being a key organisation in a Europe-wide network involved in funnelling US and Russian dark money into religious extremism with the aim of rolling back reproductive and sexuality rights. Between 2008 and 2019 ADF spent over $23,000,000 on anti-gender campaigning across Europe.

    ADF’s UK entity has recently ramped up lobbying in Westminster, according to analysis by the Observer the latest financial accounts for ADF UK show it spent almost £1m in the year to June 2023, up from £392,556 in 2020, and that its income almost doubled between 2022 and 2023, from £553,823 to £1,068,552.

    Another NatCon speaker Ladislav Ilčić MEP is a Croatian politician who represents Hrvatski suverenisti (Croatian Sovereigntists) and is part of the European Conservatives and Reformists Group (ECR).

    Ilčić also attended the European Congress of Families conference (ECF) held in Croatia in September 2023 which featured speakers from other key organisations named in the TOTI report including Brian Brown of the International Organization of the Family which is directly linked to Russian oligarchs who have been under western sanctions since the annexation of Crimea. In 2014 Brown organised a conference inside the Kremlin palace.

    Other ECF speakers included Conservative MPs Miriam Cates and Ranil Jayawardena. ECF was organised by the ECR which contains factions of socially conservative, right-wing populist, liberal-conservative, Christian democratic, far-right, and national conservative parties.

    Three other members of the ECR are also speaking at NatCon 2024, co-chairman Ryszard Legutko from Poland, Dutch independent MEP Rob Roos, and Vice President Hermann Tertsch del Valle-Lersundi who is a member of the Spanish VOX Political Party which is named in the TOTI report as being part of the $700,000,000 anti-gender network.  

    European politicians at NatCon 2024 also include members of the Identity and Democracy Party, Tom Vandendriessche of Belgium's Vlaams Belang party who although described themselves as centre-right are widely considered to be on the far right, and Patricia Chagnon, an MEP representing Marie Le Pen's National Rally party.

    Other NatCon speakers include:

    Melanie Phillips, columnist for The Times and the Jewish News Syndicate, and regular on the BBC is also speaking at the conference.

    So too is Uzay Bulut, a Turkish journalist and political analyst who is a distinguished senior fellow at the Gatestone Institute, accused of being a hate group and fake news publisher that has received funding from the Mercer Family Foundation run by the billionaire Mercer family who also funded Cambridge Analytica. The Gatestone Institute has ties to the British 'think tanks' the Henry Jackson Society and Policy Exchange as reported by the Byline Times. 

    Also speaking is German aristocrat Gloria von Thurn und Taxis who worked closely with conservative Traditionalist Catholic leaders within the church and former Trump advisor Steve Bannon, with whom she planned to set up a school to educate and train right-wing Catholics.

    The conference's special guest is Gerhard Ludwig Müller, a German Cardinal of the Catholic Church who has courted controversy for public criticism of Pope Francis stating that the Pope has “uttered plenty of material heresies”.

    The Conservative Party’s Campaign Against Sadiq Khan is Based on a ‘Barefaced Lie’ Which is Designed to Harvest Voters’ Data

    Published by Anonymous (not verified) on Tue, 09/04/2024 - 7:26pm in

    The Conservative Party has been accused of running a campaign against Sadiq Khan which is based on a “barefaced lie” which will “panic” Londoners into handing over their personal data.

    Londoners will go to the polls on May 2 to choose their next mayor. Polls suggest that the Labour incumbent Sadiq Khan is the strong favourite to win against a challenge from his Conservative rival Susan Hall.

    However, Khan’s team fear that a “desperate” campaign by Hall, based on wrongly suggesting that Khan has committed to implement pay-per-mile road charging, could allow her to win the contest.

    Proposals for pay-per-mile road charging have been discussed in the past by City Hall, including by Khan’s Conservative predecessor Boris Johnson. Rishi Sunak was also reportedly a previous supporter of such plans.

    However, Khan has repeatedly ruled out bringing in pay-per-mile charging, saying again last month that he had “categorically” ruled out any such plans.

    Despite these repeated denials, Hall’s campaign have sent out leaflets to Londoners which are designed to look exactly like driving penalty notices and which contain the text “DRIVING CHARGE NOTICE. DO NOT IGNORE. WARNING. THE MAYOR OF LONDON IS PLANNING ANOTHER TAX ON DRIVERS. IF YOUR’RE NOT PREPARED TO PAY THEN SCAN THE QR CODE BELOW”..

    Anyone scanning the code will be taken to a website requesting they fill out a “petition” against the new “tax”, which then collects their data.

    Hall’s opponents accused her of trying to “panic” Londoners into handing over their information.

    “The Conservatives will panic people with this sort of leaflet - it really isn't acceptable” the Liberal Democrat’s London Mayor candidate Rob Blackie said.

    Khan’s campaign accused Hall of peddling a “barefaced lie” in a “desperate” bid to win votes.

    “These leaflets peddle a barefaced lie” a London Labour spokesperson told Byline Times.

    “The Tories are clearly desperate and have resorted to deliberately misleading Londoners. It is nothing more than scaremongering.

    “Sadiq has repeatedly, categorically, ruled out pay-per-mile for as long as he is mayor. Londoners will not be duped by these Tory lies."

    Political campaigns are required to clearly label their campaign material to alert voters to their source.

    However, Hall’s leaflets contain no reference to Susan Hall on the front of the leaflet, and only contain a single small print reference to Hall at the bottom of the reverse side.

    The Conservative Party is not mentioned at all aside from a small print reference to 'CCHQ' which is an abbreviation for Conservative Campaign Headquarters.

    The linked website does contain a small print reference to the Conservative Party. However, many Londoners receiving the leaflets are unlikely to realise the source of the supposed 'Driving Charge Notice' they have received.

    A spokesperson for the Information Commissioners' Office said, "We are aware of issues raised in relation to campaign leaflets and are considering those concerns.

    "If a candidate or party asks you to complete a survey or petition, they should be clear how that data will be used in future.

    "In many cases, it won't be appropriate for the party or candidate to then repurpose that information for political campaigning."

    Independent fact checking organisation Full Fact said in a statement that they were "concerned" by Hall's leaflets.

    "We're concerned about these leaflets from the Conservative Party that some of our supporters are receiving through their doors. Deceptive campaign practices can mislead the public during elections - and that’s not on.

    "Every voter deserves good information. This is why we’re demanding improvements to the rules around the transparency of campaign materials..."

    The leaflets are the latest in a series of misleading claims made by the Conservative Party’s campaign in London. Last month the party deleted a video wrongly claiming that London had become “a crime capital of the world” after it was revealed that it contained a video clip of a terror scare which took place in New York, rather than in London.

    Multiple tweets sent out by Hall and the party on X have also been labeled with 'community notes' by users due to misleading claims they have made.

    The Conservative party’s former Deputy Chair Lee Anderson was also suspended from the party in February after wrongly suggesting that Khan was in the control of Islamists who were his “mates”.

    Byline Times contacted Susan Hall’s campaign to request an explanation, or justification, for the use of their “Driving Charge Notice” leaflets as well as their broader claims about Khan’s plans, but did not receive a response.

    The Dilemma Facing Civil Servants Over the UK’s Arms Sales to Israel

    Published by Anonymous (not verified) on Tue, 09/04/2024 - 6:00pm in

    It was recently reported that the union which represents civil servants – the Public and Commercial Services Union – was considering taking legal action to prevent its members in the Department for Business and Trade “from being forced to carry out unlawful acts”. In this case, being required to process arms sales to Israel, which the union suggested could make them criminally liable for being complicit with war crimes.  

    The Government continues to maintain that arms sales to Israel are lawful, with Deputy Prime Minister Oliver Dowden recently telling the BBC that Israel is "still facing this existential threat from Hamas" and was "prosecuting a legitimate war of self-defence".

    He added that the UK would “of course act in accordance with our obligations under law in respect of arms sales", implying that arms sales could be suspended if there is clear evidence of systematic Israeli violations of international humanitarian law.  

    Dowden’s position is inconsistent with separate comments, made in a leaked recording by the Conservative chair of the House of Commons’ Committee on Foreign Affairs, Alicia Kearns, suggesting that the Government has already received advice from its own lawyers stating that Israel has breached international humanitarian law. 

    The matter could quickly be cleared up if the Government was willing to publish its internal legal advice, but it has so far refused to do so – on the basis that the advice is confidential. Kearns, a former Foreign Office and Ministry of Defence official, has repeatedly pressed ministers, including Foreign Secretary David Cameron, on the legal advice they have received and called for the Government to come clean.  

    Adding to the pressure, last week former Supreme Court justices were among 600 lawyers who wrote to the Government saying that weapon exports to Israel must end because the UK risks breaking international law over a "plausible risk of genocide" in Gaza.  

    This controversy has fuelled a long-running debate over who is to determine what is lawful and ethical in government policy, and what the duty is of civil servants in such cases. Such matters were highly topical during  Brexit, and have also been at issue in the context of the Government’s handling of immigration.  

    Some commentators argue that it is civil servants’ duty to obey ministers, who have democratic legitimacy by virtue of their election to office, no matter what. Others point out that the civil service code, which defines and expands on four core values of the civil service, is crystal clear in its obligation on civil servants to act with integrity and to comply with the law.  

    I explored this issue at length previously, in which I discussed the dilemmas facing public servants when they are tasked with implementing a policy with which they do not agree or that they consider is unethical or illegal. “Is our primary duty to the elected government of the day, even when it may be breaking the law or wilfully deceiving the public?" I observed. "Or is our duty to some broader notion of the 'public good’"?

    If the latter, how is that to be defined, and by whom? If we stay silent in the face of wrongdoing, do we become complicit ourselves? But if we speak out, are we breaking our pledge of impartial service to the government of the day and undermining the foundation of trust between politicians and officials?”  

    After grappling with the matter from several different angles, I eventually came to the conclusion that the only viable course for a civil servant who felt conflicted, and unable to carry out ministerial orders, was to ask to be reassigned or to resign.

    As I put it in my own resignation letter from the Foreign Office in 2019, “each person has to find their own level of comfort”. You don’t have the right to change policy – that is for elected politicians and the ultimate verdict of voters. But you do have a right to your own personal conscience, and a right not to be a part of something you believe to be unethical. 

    That may sound like a harsh judgement, requiring blameless civil servants to lose their jobs for something which may in hindsight end up being determined to have been wrong. But, government could not function if officials downed tools any time they had a concern. In a democracy, advisors advise, and ministers decide.  

    There will always be ambiguity over what is unlawful, unconscionable or unethical because these are subjective decisions. In the case of arms sales, the UK’s export licensing criteria only provide overall guidelines, which are open to interpretation.  

    Ruins of a destroyed mosque in Khan Yunis, south of the Gaza Strip. Photo: Abed Rahim Khatib/dpa

    For example, when I was Head of Human Rights in the Foreign Office, it was our department’s responsibility to advise on whether a particular arms sale might put us in breach of the export guidelines’ human rights criteria.

    We had to weigh up considerations such as: whether the recipient country was a functioning democracy; whether it had a disciplined and accountable chain of military command, subject to civilian oversight; its overall record on respect for human rights and humanitarian law; whether breaches are properly investigated and perpetrators duly punished, or whether there is a pattern of repeated violations, and failure to sanction those who commit them; the circumstances in which the weapons might be put to use – for offensive or defensive purposes; for legitimate military reasons to protect national security against a legitimate enemy, or to suppress internal dissent; to be used in a proportionate manner, or indiscriminately, in a way which put unacceptable numbers of civilians at risk; whether the equipment in question had a dual use function, different from the one for which the weapons were ostensibly being sought, which meant they might end up being used for inappropriate purposes; and the risk of the weapons being diverted from their intended destination and falling into the hands of a terrorist group or unregulated militia instead.   

    Thus, for example, a country might ask to buy a relatively innocuous sounding piece of equipment, such as protective armour or night vision goggles, for the ostensible purpose of helping their police forces maintain order during large public demonstrations. This sounds reasonable. However, if the country in question has a track record of ruthlessly suppressing internal dissent, or of oppressing particular minorities, then we might recommend against the sale.  

    In short, we had to weigh up the kind of weapons being sought, the nature of the country trying to buy them, and the circumstances in which the weapons might be used. Different analysts can come to different conclusions – as evidenced by the fact that the Foreign Office’s human rights department often used to end up in vigorous disagreement with different parts of Whitehall over the appropriateness of certain arms sales.  

    In the case of Israel, I can see why arguments might be made in either direction. There are many, grave concerns, which I share, about Israel’s conduct of the conflict in Gaza and its blocking of aid to the desperate civilians there, as well as over its long-standing treatment of Palestinians, occupation of the West Bank, and construction of new settlements in violation of international humanitarian law.   

    If I was still Head of the Human Rights in the Foreign Office, I would definitely argue in favour of suspending arms sales, until we saw more consistent efforts to protect civilians and aid workers, and facilitate aid into the Strip. 

    But, whatever my personal abhorrence of Israel’s current Government, and deep anguish over its conduct in Gaza, I accept that others might come to a different conclusion – pointing to Israel’s status as a democracy, with a civilian-led, generally disciplined military, which is entitled to respond to the unprecedently brutal attack on it on 7 October 2023 by Hamas. Not least since Hamas continues to assert its desire to destroy Israel, continues to hold more than 100 Israeli hostages, and bears prime responsibility for putting civilians at risk by its own tactics of hiding among them.  

    It is hard to write about this subject without risking a ton of opprobrium on my head, from those who can see no good in the Palestinians, or only evil in Israel. But, as so often in foreign policy, nothing is black and white.

    I have no doubt that behind the scenes there is a vigorous debate going on across Whitehall, and between civil servants and ministers, on the UK’s overall approach towards Israel and Gaza. That is entirely as it should be, and civil servants should neither be lionized or penalised, for simply doing their job.   

    Just One-in-Four Voters Back Rishi Sunak’s Threat to Quit ‘Foreign Court’ of ECHR

    Published by Anonymous (not verified) on Sat, 06/04/2024 - 12:14am in

    The Prime Minister Rishi Sunak this week threatened to quit the ECHR, saying that he would take Britain out of what he described as the “foreign court” if it stood in the way of his plans to deport asylum seekers to Rwanda.

    "I do believe that border security and making sure that we can control illegal migration is more important than membership of a foreign court", he told the Sun newspaper.

    However, new polling commissioned by Byline Times this week suggests that just one-in-four (26%) voters would back leaving the European Court of Human Rights.

    By contrast, 43% of those surveyed by pollsters We Think said that they would support remaining within the international court’s jurisdiction. 

    A further third (32%) of voters said they don’t know what they thought about the issue either way.

    Conservative MPs have been piling pressure on the Prime Minister to back quitting the ECHR in the party’s upcoming general election manifesto, with some commentators even suggesting that the party could promise to hold a referendum on the issue.

    However, unlike Brexit which ultimately gathered support from a majority of voters, the issue of Britain’s membership of the ECHR appears to be only a minority concern.

    Even among Conservative supporters, support for quitting the court is still not a majority proposition, the poll suggests, with just 46% of those surveyed agreeing that the UK should leave.

    Sunak has previously dampened down expectations of ever quitting the ECHR, with the Rwandan Government hinting last December that the country would pull out of their deportation agreement with the UK if they quit the ECHR.

    However, Rwandan officials appeared to back away from this suggestion this week following Sunak’s latest intervention, saying that the UK's membership of the court was a matter for Sunak's Government.

    Despite Sunak's threat to leave the ECHR, the Prime Minister continues to insist that he believes doing so won't be necessary, saying this week that the Government's Rwanda scheme is "in compliance" with all international conventions the UK is already signed up to.

    However, the UK's Supreme Court ruled last year that the Government's plan would not be in compliance with international law, due to their assessment that Rwanda is not a safe country.

    The Council of Europe's Human Rights Commissioner last month savaged what it described as the "dangerous" Rwanda scheme, which it singled out as an example of states "dismantling collective human rights safeguards [and] eroding legal and democratic checks that protect all our rights".

    Human rights groups have also criticised plans to deport people to the country, where political opponents of the country's dictator Paul Kagame continue to be targeted by the regime.

    However, last month a Conservative peer defended the scheme, saying that the country was indeed a "perfectly safe country" as long as you "don't oppose the Government".

    ‘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.

    ‘Media Attacks on NHS Translation and Diversity Spending Completely Miss the Point of the Health Service’

    Published by Anonymous (not verified) on Thu, 04/04/2024 - 10:16pm in

    This week, the Express published an article headlined 'taxpayers billed £100 million for NHS translators – could pay for 3,000 nurses'. The story completely missed the point of what the health service does.

    The standfirst went on to explain that taxpayers "pick up the bill" for translation and interpretation" to ensure that the NHS can be "accessed in languages other than English”.

    Given health and healthcare access inequalities, surely spending money to ensure people get the right care they need is a good thing – not to mention a legal requirement.

    The Express article published on 2 April about NHS spending on translators

    The Express packaged the story to suggest that it had uncovered a scandal. It included data revealed through Freedom of Information Requests (FOI) to 251 NHS trusts and 42 integrated care boards, which “routinely convert standard hospital and health literature into languages including Romanian, Arabic, Urdu, Bengali and Punjabi”.

    The article included comments from a Reform Party spokesman, claiming that translation and interpretation services "were simply not necessary" and that artificial intelligence apps, such as Google Translate, could do the job – or that patients could use family members to translate for them.

    The Express article followed the Mail’s report last week on National Trust cafés selling “woke scones” (made with margarine and not butter). It was another example of 'stories’ aimed at stirring up problems, rather than solving them.

    The Mail article published on 31 March on 'woke scones'

    Helping those in need be heard appears to be a bizarre issue to weaponise in manufactured 'culture wars’.

    For starters, the total NHS spend in England for the last financial year was more than £180 billion, with a further £20 billion in local government spending on social care. So £100 million on translation might sound like a big number, but it is a tiny fraction of expenditure and would make little dent in nurse staffing across all NHS organisations.

    Citizens or legal residents who don’t speak fluent or even basic English are, just like people with hearing loss, learning disabilities or cognitive impairment, as entitled to NHS care as the rest of the population. And there is already considerable evidence that they are not getting it, with health and healthcare access inequalities between different ethnic communities.

    Denying people written information in their own language will only make matters worse.

    When people who are sick, scared, vulnerable, distressed or have symptoms to discuss, treatments to understand, or complex psychosocial factors to explain, how can the quality and safety of the care they receive be improved if they can neither express nor understand key information?

    There are also legal considerations. To provide valid consent to treatment in common law, patients must have sufficient information about the details, risks, potential harms and benefits of a proposed treatment (which could in some cases involve major surgery, powerful drugs or admission to intensive care). Language barriers must be overcome to make this a reality.

    The Mental Capacity Act states that all reasonable efforts must be made to establish decision-specific capacity for treatment or care – which may include overcoming language barriers.

    If patients lack capacity, then speaking to those closest to them is a key part of establishing their best interests for further decision-making. Again, this may require translators or clear written information in their first language. We do this for people with hearing loss via written communication or sign language.

    Regulatory codes of practice for healthcare professionals are also clear that we must treat people equally, irrespective of characteristics including race, religion or nationality.

    Using AI translation apps of variable reliability has its limits in a time-critical or emotionally-charged and challenging situation. And relying on family or friends to translate isn't always possible as not every patient is accompanied. If they are discussing personally sensitive or intimate information, they may be inhibited from doing so. If there are safeguarding concerns regarding abuse or neglect one could suspect the person translating of being coercive when doing so.

    The thinly-veiled xenophobia and racism being whipped up by the Express (even against people who pay tax and National Insurance contributions and have precisely the same entitlement to care as native and confident English speakers) is part of a wider set of 'wedge issues’ being pushed by right-wing media outlets and sections of the Conservative and Reform parties.

    They share a similar fixation with 'woke’ diversity managers or diversity, equality and inclusion (DEI) policies in the NHS or other public services. Several Government ministers have lined up to call for a 'war on waste’ to remove such posts and policies.

    Steve Barclay, when Health Secretary in 2023, wrote to integrated care boards in England instructing them to stop recruiting staff as dedicated EDI managers, arguing that the money should be spent on “frontline staff” instead.

    The Express has published a number of articles lamenting 'wokery’ in the NHS – including, in January in a story headlined 'NHS spends £40 million on woke non-jobs that could pay for 1,150 nurses'.

    Last year, the Spectator ran a FOI-based story showing that, out of an NHS workforce of around 1.5 million people, there were only 800 employees in dedicated EDI roles – yet called for those roles to be abolished.

    Again, those employed in such posts account for a small fraction of 1% of the entire NHS workforce or spend. Their presence is de facto required due to the Equality Act and Equality Duty on public organisations and protections in employment law.

    NHS organisations do have a very diverse workforce, yet there is clear evidence of ongoing and endemic discrimination towards minorities within it. There is also consistent evidence of discrimination and care inequalities between different ethnic and socio-economic groups the NHS serves.

    The idea that a focus on EDI is somehow a bad thing and a distraction from real work, or that organisations should not employ a small number of people to oversee it, is not so much a dog-whistle as a wolf-klaxon. It is a classic distraction from the real issue – the 14 years of Conservative-led mismanagement of health and social care and of wider public health.

    This decline has been well-documented by the Institute for Government think tank; as well former King’s Fund chief executive Professor Sir Chris Ham, who set out in expert detail the rise and decline of the service from the late 1990s through to the 2010 election and the current crisis in performance and public satisfaction.

    Blaming our NHS crisis on the cost of translation and interpretation services, and diversity and inclusion managers, foments hostility against people from ethnic minorities, white people with poor English skills, and even those with full entitlement to use our public services and who contribute towards their costs.

    They aren’t all rich enough to pay for their own personal translator or digitally equipped enough to auto-translate NHS information documents into their own languages.

    I don’t see commentators on the right arguing against hospitals in France or Spain finding translations for ill white British expats or embassies around the world employing translators to help British citizens who have found themselves in a spot of bother with the local law. I wonder why.

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