Tag Archives: News

Article 50 could be reversed, government may argue in Brexit case

Interesting. So we can leave then change our minds?
This should be fun then.


Powered by Guardian.co.ukThis article titled “Article 50 could be reversed, government may argue in Brexit case” was written by Owen Bowcott Legal affairs correspondent, for The Guardian on Saturday 12th November 2016 06.40 UTC

Government lawyers are exploring the possibility of arguing in the supreme court that the article 50 process could be reversed by parliament at any time before the UK completes its exit from the European Union.

Prominent academic experts have told the Guardian they know the government’s legal team has sounded out lawyers about the potential change of tack, which some argue would lead to a victory in the case brought by Gina Miller and other campaigners.

Prof Takis Tridimas, an expert in EU law at King’s College London, said: “I know that the issue of revocation is a live issue in terms of the supreme court hearing.” He had heard that the government had commissioned research on the subject, he said.

Earlier this month, the high court ruled that the government could only invoke article 50, which begins the EU exit process, through a parliamentary vote. The case was decided on the basis that, once article 50 was triggered it was irreversible and British citizens would inevitably lose rights granted through the 1972 European Communities Act.

Royal prerogative powers – the government’s executive authority – cannot be used to repeal rights granted by parliament, the three high court judges concluded in their ruling, which was sharply criticised by several tabloid newspapers, including the Daily Mail which described the judges as “Enemies of the People”.

If the government argued that MPs could vote to revoke article 50 during the exit negotiation period, some academics say, the outcome of the government’s appeal to the supreme court would be different, because it would imply that the sovereignty of parliament had not been removed.

Dr Eirik Bjorge, a senior law lecturer at Bristol University and an expert in EU law, said: “If the government decides to – and is allowed to – argue that the article 50 notice can be revoked, then it is all but sure to win in the supreme court. In those circumstances it cannot be said that, once the trigger has been pulled, the bullet will inexorably hit the target and expunge our rights under the European Communities Act 1972.”

   <figure class="element element-video element--supporting" data-canonical-url="https://www.theguardian.com/world/video/2016/jun/29/what-is-article-50-brexit-video-explainer" data-short-url="https://gu.com/p/4mqd2" data-show-ads="true" data-video-id="2578097" data-video-name="What is article 50? – video explainer" data-video-provider="guardian.co.uk"> <video data-media-id="gu-video-577251eee4b030d83eb4b037" class="gu-video" controls="controls" poster="">  </video> <figcaption><a href="https://www.theguardian.com/world/video/2016/jun/29/what-is-article-50-brexit-video-explainer">What is article 50?</a></figcaption> </figure>   <p>Tridimas is one of those who believes the article 50 process could be reversed before the UK’s exit from the EU had been completed. “My view is that it is reversible,” he said. “There’s nothing in the wording of article 50 which says that it cannot be withdrawn. The Vienna convention on the law of treaties says that they can be reversed unless they state otherwise. The point of no return is two years after notification has been given [to the EU].”</p> <p>Prof Paul Craig, an Oxford University expert on both EU and constitutional law, said the triggering of article 50 should be revocable by parliament. “It is a cardinal legal principle that a party is not bound by a contract or treaty until agreement has been reached,” he has argued in a blogpost. “The consequences of not being able to revoke would be particularly severe: withdrawal would have to proceed even if invocation of article 50 triggered an economic meltdown in the country.”</p> <p>However, Craig said, enabling parliament to give its approval at an early stage might have dangerous consequences for democracy later on: “There is a deeper paradox in this litigation.” <br></p> <p>He said the claimants, who he said would like Britain to remain in the EU, were “willing to risk everything for some parliamentary voice at the trigger stage”, but this could result in a decisive parliamentary vote to invoke article 50, which would be difficult to undo subsequently.</p> <p>“The government wishes to exit the EU. It conceded the article 50 point knowing that it might then lose the immediate battle, and would therefore have to seek parliamentary approval, but was confident enough that this would be forthcoming, and that thereafter the war was won, since the triggering, once done, was irrevocable.”</p> <p>The government has already submitted its initial grounds for appeal at the supreme court. The papers do not indicate any shift of emphasis so far in the way the case will be presented, although it is possible that could change before the hearing in December.</p> <p>A government spokesman said: “Our position is clear: the country voted to leave the EU and we will respect the will of the British people. The government told the high court that as a matter of firm policy, once given, the article 50 notice would not be withdrawn. Because legal proceedings are under way it would not be appropriate to comment further.”

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Allen Toussaint, R&B singer-songwriter and producer, dies aged 77

He will be missed….


Powered by Guardian.co.ukThis article titled “Allen Toussaint, R&B singer-songwriter and producer, dies aged 77” was written by Tshepo Mokoena and agencies, for theguardian.com on Tuesday 10th November 2015 13.15 UTC

Songwriter, producer and revered New Orleans R&B performer Allen Toussaint has died aged 77 after suffering a heart attack, according to reports.

Toussaint died on Monday 9 November in Spain while on tour with his performance quartet, according to Louisiana station WWL-TV, and had played his last show in Madrid on Monday evening.

Toussaint was next scheduled to perform in Antwerp on Thursday 12 November and in London on Sunday 15 November, before returning to the US at the end of the month.

Last week, non-profit organisation New Orleans Artists against Hunger and Homelessness announced Toussaint and musician Paul Simon as acts confirmed to play an annual benefit concert on 8 December. Toussaint co-founded the organisation in 1985 alongside Neville Brothers lead vocalist Aaron Neville, in a bid to help homeless and impoverished citizens of New Orleans.

Beyond his philanthropic work, Toussaint was a legendary fixture of New Orleans R&B. Born in New Orleans on 14 January 1938, he started his musical career as an apprentice to composer, bandleader and producer Dave Bartholomew, according to the Rock and Roll Hall of Fame. Toussaint then came into his own as a session musician, before becoming a songwriter and producer affiliated with record labels Minit and Instant.

Toussaint wrote hit R&B songs for the likes of Neville, Ernie K-Doe, The Showmen and Irma Thomas and collaborated with Joe Cocker and Paul McCartney, among many others.

His songs often found new life when performed or covered by other artists. He was responsible for Lee Dorsey’s Working in the Coal Mine, Fortune Teller, covered by the Rolling Stones and Benny Spellman, K-Doe’s Mother-in-Law, Southern Nights, covered by Glen Campbell, and Ruler of My Heart, famously recorded by Thomas.

Toussaint was inducted into the Rock and Roll Hall of Fame in 1998 and made a Grammy awards trustee in 2009.

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Benefit sanctions: the 10 trivial breaches and administrative errors

I must admit I live in absolute terror of being in a situation where I might ever have deal with the tender mercy’s of the DWP.  So far I have been fortunate enough to avoid any involvement but  it is  a case of there but for the grace of … 

A lot of this is positively kafkaesque.  I can’t for the life of me understand why anyone sitting behind a desk at the DWP would behave in some of the examples shown below.
Is it because they are in fear of losing their own jobs? In some cases it would seem that is the case. Have the simply been brainwashed by the sensationalist stories fed to the press?

Perhaps I really am getting out of touch with how the world is now.

Powered by Guardian.co.ukThis article titled “Benefit sanctions: the 10 trivial breaches and administrative errors” was written by Patrick Butler Social policy editor, for theguardian.com on Tuesday 24th March 2015 01.44 UTC

The coalition’s benefit sanctions regime, under which more than 1 million jobseekers had their unemployment benefits stopped last year, has spawned hundreds of documentary accounts of claimants being penalised for capricious, cruel and often absurd reasons.

The recent MPs’ inquiry into sanctions heard copious evidence of claimants being docked hundreds of pounds and pitched into financial crisis for often absurdly trivial breaches of benefit conditions, or for administrative errors beyond their control.

A typical example is the following anonymised list of sanctions reported by food bank clients to the Trussell trust charity:

  1. Man who missed appointment due to being at hospital with his partner, who had just had a stillborn child.
  2. Man sanctioned for missing an appointment at the jobcentre on the day of his brother’s unexpected death. He had tried to phone Jobcentre Plus to explain, but could not get through and left a message which was consequently not relayed to the appropriate person.
  3. Man who carried out 60 job searches but missed one which matched his profile.
  4. Man had an appointment at the jobcentre on the Tuesday, was taken to hospital with a suspected heart attack that day, missed the appointment and was sanctioned for nine weeks.
  5. Man who secured employment and was due to start in three weeks. He was sanctioned in the interim period because JCP told him he was still duty bound to send his CV to other companies.
  6. Young couple who had not received any letters regarding an appointment that was thus subsequently missed. Their address at the Department for Work and Pensions was wrongly recorded. They were left with no money for over a month.
  7. One case where the claimant’s wife went into premature labour and had to go to hospital. This caused the claimant to miss an appointment. No leeway given.
  8. One man sanctioned for attending a job interview instead of Jobcentre Plus – he got the job so did not pursue grievance against the JCP.
  9. Man who requested permission to attend the funeral of his best friend; permission declined; sanctioned when he went anyway.
  10. A diabetic sanctioned and unable to buy food was sent to hospital by GP as a consequence.

Sometimes sanctions have a bizarre, nightmarish quality, such as this one, reported by Highbridge and Burnham-on-Sea food bank and cited in a recent Church Action on Poverty report:

We had a number of customers who had been sanctioned including one guy who had been sanctioned for being late for his appointment at the jobcentre because the queue was so long it took him to past his appointment time to be seen. He was sanctioned even though he had arrived at the jobcentre in plenty of time.

Or this one, cited on the A Selection Of Especially Stupid Benefit Sanctions tumblr website (and taken from a local newspaper report)

You apply for three jobs one week and three jobs the following Sunday and Monday. Because the jobcentre week starts on a Tuesday it treats this as applying for six jobs in one week and none the following week. You are sanctioned for 13 weeks for failing to apply for three jobs each week.

The consequences, however can be severe. One claimant, Glenn McDougall, recalled his experience of being sanctioned three times in written evidence to the work and pensions committee inquiry:

On the first occasion I cancelled a jobcentre appointment to go to a job interview. It was short notice however I phoned the jobcentre to inform them and was assured on the phone that it was ok. I was sanctioned two weeks JSA. I appealed this and was found to be in the right and the money was paid to me, which was great, but in the interim I had to go two weeks without a penny to my name. I missed other job interviews because I had no money for transport and went without food, electric and heating for some of that time. It was a cruel punishment issued arbitrarily, had a negative impact on my jobseeking and diminished my respect for the benefit system massively.

The committee heard that claimants with learning difficulties, were especially vulnerable to sanctioning. Here’s an example provided by the charity Mencap:

AP has a learning disability and was given 30 job searching actions every week after he applied for JSA. These actions included accessing UJM [universal job match] every week. However, he did not have the IT skills necessary to do this and was not given support by JCP [Jobcentre Plus] to do this. He had, however, still been pro-active in applying for jobs. He showed the JCP several pages of handwritten job notes. They would not accept these as they were handwritten and not using UJM. He was then sanctioned. Given his lack of IT skills and the lack of IT support by JCP, Mencap argues that handwritten notes are a reasonable adjustment. He had already been sanctioned by JCP several times.

Claimants with mental illness are also at high risk of being sanctioned, with serious health consequences. Here’s Jessica’s story, cited in research by Durham University academics Kayleigh Garthwaite and Claire Bambra:

Jessica is a 23-year-old woman, who was 22 weeks pregnant when she came to the foodbank. She had walked over two miles to get here as she cannot afford the bus fare from her flat. Jessica explained that she was receiving ESA [employment support allowance] for mental health problems following the stillborn birth of her first child eight months ago. Jessica was sanctioned for not attending a work-focused interview appointment – her mental health problems prevented her from leaving the house on that particular day. She received a foodbank referral from the Citizens Advice Bureau after seeking help for her mounting debts following her sanction. Jessica had not eaten a proper cooked meal for two weeks, and was instead relying on her sister’s children’s leftovers. Jessica explained: “I haven’t had my fridge or cooker switched on for three weeks, I can’t afford the electric. I sold the telly last week – there was no point in keeping it ‘cos I couldn’t afford to use it anyway.” As Jessica is 22 weeks pregnant, she knows she needs to eat healthily for herself and her unborn child, but currently cannot afford to adequately heat her home or feed herself.

The cross-party group of MPs on the committee has called for an independent review of sanctions. According to committee chair Anne Begg:

We agree that benefit conditionality is necessary but it is essential that policy is based on clear evidence of what works in terms of encouraging people to take up the support which is available to help them get back into work. The policy must then be applied fairly and proportionately. The system must also be capable of identifying and protecting vulnerable people, including those with mental health problems and learning disabilities. And it should avoid causing severe financial hardship. The system as currently applied does not always achieve this.

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