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Tag Archives: UK government

Joan Edwards’ will: whose money is it anyway?

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Joan Edwards was obviously one of those kindly but naïve souls who believe that governments do good and are capable, when using their discretion, of making good decisions about the use of other people’s money.

Her will, which left a £520,000 bequest to the UK government, shows her trusting nature – but did she make the intention of her bequest clear? Apparently not since the two governing parties were initially happy to split the money between them and then, within half a day of the bequest being publicised in the Daily Mail, somewhat miserably to hand it back.

But to whom should the money actually go? This seems, in modern American parlance, to be Trust Law 101: uncertainty of intention, risking making the bequest void – which would return it to the Edwards estate for a difficult decision about who the actual final recipient should be. Read the rest of this entry

Iain Duncan Smith needs to put on a new benefits thinking cap

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It seems that Britain’s Work and Pensions Secretary Iain Duncan Smith has solved a conundrum that has baffled and befuddled philosophers for millenia: how do we know what we know? He has cut through the Kant and ditched Descartes for this elegantly simple formulation: “I think, therefore it is”.

This, in sum, is his view of how his welfare changes will pan out; they will pan out just as he thinks they will pan out. Thus, when the Office for National Statistics suggested the figures did not bear out his assertion that the benefit cap of £26,000 would encourage people into work he told John Humphrys on the BBC Today programme: “Yes, but by the way, you can’t disprove what I said either” – a classic response of the sceptic school of epistemology. He went on: “I believe this to be right; I believe that we are already seeing people going back to work who were not going to go back to work.”

He has no evidence; indeed he has been told that the evidence he thought he had was not in fact evidence; but he believes he is right so he must be right.

Others who contradict him, such as Haringey Council in London, are “politically motivated”, whereas Iain Duncan Smith, Tory member for Chingford and Woodford Green and one time leader of the Conservative Party is, of course, not politically motivated.

All this is good news, not least because IDS has also said that his welfare changes won’t lead to people becoming homeless or being driven out of London. He has said it; he presumably believes it; and hence, cogito ergo est: it must be true.

Which is odd, because some of those on whom people rely for their homes, the housing associations of England and Wales, have in effect contradicted Duncan Smith’s position. They certainly believe that the welfare changes will lead them to evict their tenants, and they believe they may have to do it using the much criticised and draconian Ground 8 possession procedure. Read the rest of this entry

George Osborne’s shares-for-rights plan: new tax avoidance scheme for the rich

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UK Chancellor George Osborne’s employee “shares-for-rights” plan will have sent tax accountants scuttling to their calculators to assess just how big a windfall this will be for the rich.

Never mind the offer of a couple of thousand quid’s worth of shares to ordinary workers in exchange for surrendering rights on unfair dismissal, redundancy, flexible working, time off for training and maternity. Look instead at the £50,000 maximum for this share disbursement – free of capital gains tax (CGT) when they are sold.

Alrich is not privy to the envelope, upon the reverse of which Osborne’s plans are doubtless minutely detailed, but it seems unlikely that any company will hand out £50,000 to any shopfloor workers. However, the sum in free shares could provide a rather nice golden hello for their highly valued workers – the ones they already pay well and incentivise with bonuses, nice pensions and comfortable contractual conditions.

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Plebs row: Andrew Mitchell can’t necessarily rely on police officers’ thick skins

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So should Andrew Mitchell have been arrested and prosecuted for swearing at (or in the presence of) police outside No 10 Downing Street and allegedly calling them plebs?

Those who would love to see the stuck-up Tory toff (there, I’ve said it, and it’s on the record) doing time for his outbreak of incivility have had some difficulty finding any precedents for the offence of swearing at police officers. London Mayor, Boris Johnson, has certainly said they should be arrested, and one man is said to have been prosecuted for abusing police during the riots under Section 5 of the Public Order Act 1986 on “causing harassment, alarm and distress”.

But riots and the day-to-day hurly burly of a Cabinet minister’s life are two different things. As matters stand, the police are unlikely to arrest  people who abuse them – however irritating the odious oik might be who is doing the abusing.

And this is as it should be. To arrest people who insult the police would be a draconian power, criminalizing most ordinary people who find encounters with the police stressful, whether after a hard day of trying to keep a faltering Government on its feet or because you are young, black and you’ve been stopped and searched for the Nth time this year.

Crucially it has generally been held that the police have pretty thick skins and aren’t going to be moved to strike a man who insults them (as in “conduct likely to breach the peace” – see “Blemishing the peace” below) or feel harassment, alarm and distress – even when insulted by a here today, gone tomorrow member of Cabinet who thinks the world should jump to his every order. After all, most police are likely to hear plenty of this sort of thing – not least in their own canteens.

The case to look at is Harvey v DPP (2011) in which Denzel Harvey was one of several men being searched for cannabis. “Mr Harvey objected and said, ‘Fuck this, man, I ain’t been smoking nothing’. PC Challis told him that if he continued to swear he would be arrested for an offence under section 5 of the Public Order Act 1986. PC Challis searched the appellant but found no drugs, whereupon the appellant said, ‘Told you, you won’t find fuck all’.” Other searches proceeded and names were taken, then the officer “asked the appellant if he had a middle name and the appellant replied, ‘No, I’ve already fucking told you so’. The officer arrested Mr Harvey for the offence under section 5.” He was convicted and fined £50. Read the rest of this entry

Pleb or posh – the UK Cabinet’s class position analysed

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The  Andrew Mitchell row over the abuse allegedly hurled at police by the UK Government’s chief whip, and whether or not he called them plebs, brings the political focus back on to whether Britain is being governed by a bunch of out of touch posh boys. Here is a guide to the essential information to allow you to make up your mind. (Definitions and analysis are given below.) Included is information on the nature of Cabinet members’ work before they became MPs, which speaks to the issue of how out of touch they may or may not be.

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