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Post by nickd on Sept 17, 2011 9:03:31 GMT 1
(1) IntroductionFollowing on from the very well read 'welfare reform car crash' article, let's take a look at the Ministry of Justice.
Headed by the Right Honourable Kenneth Clarke QC -
the 'Minister for Justice' Or is it a 'Ministry of Injustice' which uncle Ken presides over?
Have a read and make up your own mind as I cast Mylegal eye over our Ministry of Justice...By Nick D Old Ken Clarke looks pretty impressive in all his regalia, almost Dickensian in many ways. That said; - out of many of the newly appointed ministers, I initially thought Ken Clarke was surprisingly modernistic in his thinking on restorative justice and he appeared to have quite an impressive understanding of how offenders weren't necessarily best punished by spells of imprisonment. He struck me as someone who actually understood the values of a decent social fabric and the important part it plays in making for a better society. But don't get me wrong, when I learned that David Cameron had pulled off the coalition deal and secured himself a tenancy in number 10, I knew legal aid was in trouble. Oh yes, I'll never forget how my heart sunk when I saw Dave walk through the big black door. Having worked our socks off over the years to build up a really good community legal service, I wondered whether our newly bid for contract in welfare benefits and debt was going to end up in jeopardy. After many nail biting moments, I was delighted to learn that our contract had been awarded; - our prize being the largest welfare benefit legal aid contract in the county of Devon and an exciting opportunity to deliver debt and housing advice across Devon in conjunction with other CAB and shelter. It also enabled us to continue to build on our excellent working links with criminal and civil solicitor firms in the locality, I stupidly looked forward to the challenge. When I heard our chancellor announce the Comprehensive Spending Review in October of last year and his plans to reduce the legal aid bill by £350 million a year by 2015, I never envisaged Ken Clarke would so savagely wield the axe in the direction of social welfare legal aid; - I think he's made a very grave mistake. It has well and truly incensed me and thus prompts me take an analytical look at how the Ministry of Justice operates. It seems that a position of power has returned Ken Clarke back to the Dickens era; - a very socially regressive step if you ask me. So I think it only fair, we have a look at how the Ministry of Justice operates, where the money goes and how little we get by comparison. This article will build bit by bit, I do this in my own unpaid time; my day job being to help people fight social injustice;- a job I love, but one which I now see as being seriously under threat, it's a great shame to me. I hope you find it of interest and that it may just compel you to do something about it. And all because we're up against a precarious 'Ministry of Injustice'.____________________________________________________ Over 47,000 have viewed the welfare reform car crash so far, if you've not taken a look yet, it's still running...
mylegal.org.uk/index.cgi?board=frontline&action=display&thread=405
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Post by nickd on Sept 23, 2011 22:47:57 GMT 1
(2) Ken Clarke's vision  By the all cigar smoking Secretary of State for
Justice and the Lord ChancellorHere's his introduction to the Ministry of Justice accounts..."Keeping the public safe, ensuring that those who break the law face the consequences and providing swift, cost-effective access to justice are fundamental responsibilities of the state towards its citizens. Yet for too long the system has not been working as well as it should. Our prisons are places of enforced idleness rather than proper punishment, and their dreadful reoffending rates blight the lives of new victims every day. Meanwhile, ordinary citizens turning to the courts sometimes find themselves part of a bureaucratic nightmare, not the beneficiaries of a public service. Addressing these problems is an urgent priority. That’s why the past year has seen the first steps in one of the biggest shake-ups of the justice system in a generation. Ministry of Justice (MoJ) and its agencies have made good progress in many areas, taking forward a wide-ranging and bold programme of reform. Though it is still early days in many of the areas where we are implementing change, I’ve been encouraged by the Department’s performance to date – not least in the aftermath of the riots in August, where colleagues across the justice system pulled together with creditable professionalism and dedication. We remain committed to a long term programme of change. First on punishment, where we are seeking to introduce a full working week in to the prison estate so that our jails are places of hard work, with a proportion of earnings used to fund victims’ services. After punishment comes rehabilitation and reform. The current system has often been unable to tackle the underlying causes of criminality such as drug abuse, poor mental health and inadequate skills. We are introducing a range of measures including drug-free wings in jails and greater use of treatment requirements in community sentences, so that more people can have mental health, drug and alcohol issues addressed in the community. More broadly, we are taking forward a fundamental shift in how offenders are rehabilitated, paying by results to deliver better outcomes for the public at the same, or less, cost. This is a world first, and one where the Department and its agencies can be genuinely proud of operating at the cutting edge of public service reform. A second area of reform is our civil justice system, including the provision of Legal Aid. The aim is to deliver a system that is affordable and promotes the early resolution of disputes – not one that is expensive, slow and which can tend to worsen disagreements. Hence, we are seeking to streamline civil procedure, improve the family justice system and to restore balance to the operation of ‘no-win, no fee’ agreements. On Legal Aid, we are taking forward legislation to reform the scope of the scheme. To promote the early resolution of disputes, we are increasing funding for mediation by £10 million per year. Our priority is to ensure funding is routinely available in cases where people’s life or liberty is at stake, where they are at risk of serious physical harm or immediate loss of their home, or where their children may be taken into care. Changes to sentencing and the civil justice system are just the most visible parts of a broader vision of reform. Its other elements include looking afresh at how we provide our services – for example, wider use of competition to improve efficiency and effectiveness. We are also pushing ahead with much greater transparency, with the publication of far more data about the way the justice system works. All told, we have achieved much in the past year, achievements all the more impressive given challenging financial circumstances and the need to make substantial spending reductions. Progress to date is due in no small part to the professionalism, commitment and hard work of all the staff in MoJ and its agencies. I’d like to extend my thanks to everyone for their contribution. But of course, delivery never stops, and we have a great deal more to do to ensure that we achieve our vision of a transformed justice system. The coming year will doubtless throw up new challenges, and MoJ is nearer the start of its journey than the end. The prize is a great one: lower reoffending and crime, thereby improving public safety and preventing future victims; a civil justice system that works as a true public service. The Rt Hon Kenneth Clarke QC MP,
Secretary of State for Justice and Lord Chancellor
____________________________________________________ Mylegal eye analysis...
Clarke's introduction is a marked departure from all he previously advocated. Not that long ago, the Minister for Justice was advocating reductions in sentencing of up to 50% in return for an early guilty plea. He was much softer edged; - you could be forgiven for thinking that Ken Clarke concurred that prison didn't work.
Clarke has always had a bit of a problem with his words, more recently this included a reference to the 'feral underclasses' when looking into the route causes of the riots; prior to which he was in hot water over a major gaff when talking about the seriousness of rape in certain cases.
This introduction seems to infer that whilst mental health may be a cause of criminality, the way of dealing with it is to punish first, then reform and rehabilitate. I'm surprised this hasn't been picked up by many mental health charities who strongly campaign against punishment for those with a mental health problem.
Clarke also heavily criticises our civil justice system, he infers it's over litigious, expensive, slow & worsens the resolution of disagreements. For now, let's just carry on looking at Clarke's various thoughts, we will analyze them in more depth all in due course.
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Post by nickd on Sept 25, 2011 0:33:42 GMT 1
(3) Ken Clarke's glowing praise of the UK's legal service marketElsewhere, in the Ministry of Justice ''Plan for Growth',
Ken Clarke is a lot more 'business like' about his
revolutionary reforms  Ken Clarke says I'll 'go into bat' for UK legal services in global push14 Sep 2011 Justice Secretary Kenneth Clarke has pledged to champion the UK's £23bn legal services industry including lobbying key foreign jurisdictions to open their markets. In a speech delivered in London today (14 September) Clarke said he would "go in to bat" for the UK's legal services market, arguing that he was part of a "Government supporting the business of law". He commented: "Law as an industry has in the past sometimes felt itself to be something of an overlooked Cinderella in its treatment by Government - certainly relative to financial services. "I want to make it clear that, for this Government, the City of London is a legal centre - not just a financial one. All that is why I have been working closely with the [UK Trade & Investment, the Government-backed agency that supports UK business abroad] and the legal profession to develop a range of measures." Clarke also pledged that the Government's 'legal services action plan' would include lobbying for access to emerging legal markets like Southeast Asia, Brazil and Turkey. So Ken's going to bat what he sees as a highly competitive UK legal services around the world to promote growth; - wow he's really knocking this one for a six Here's his Ministry of Justice 'Plan for Growth... Foreword by the Lord Chancellor and Secretary of State for Justice, and the Minister for Trade & Investment"As Britain’s economy emerges from a difficult period, it is vitally important that the country builds on its strengths to support the recovery. There are few areas where Britain is stronger than in the law. Whether it’s in the provision of legal services, the use of our courts for the resolution of disputes, or the application of English law for contracting, the UK is truly a global centre of excellence. People turn to us because they know they will find world class, highly specialised practitioners and expert judges in the specialist courts. They understand that a decision from a court in the UK carries a global guarantee of impartiality, integrity and enforceability. These strengths help to explain why the Legal Services sector generated £23.1 billion or 1.8% of the UK’s gross domestic product in 2009 and constituted £3.2 billion in exports – nearly three times more than a decade earlier.Yet despite this very strong record, there is no room for complacency. Protectionist regulations remain a major obstacle to us exporting our services to some foreign markets. Meanwhile, worldwide competition for legal services is set to intensify over the coming decade. New York, Stockholm, Paris, Geneva, Dubai, Singapore and Hong Kong all stand ready to compete with London and other UK jurisdictions as a hub of legal expertise. While the UK’s excellence and reputation is undoubted, costs and speed may affect where companies choose to resolve their disputes. We intend to do all we can to protect our competitiveness and build on our success.The Government’s Plan for Growth, announced as part of the Budget on 23 March 2011, aims to put the UK on a path to sustainable, long term growth. As the Chancellor made clear then, law is a central part of this vision. In particular, the Ministry of Justice is committed to working closely with UK Trade & Investment and the sector to promote the UK as the global centre of legal arbitration and commercial law services.This Action Plan sets out what we are doing as part of that UK wide effort and in response to concerns raised by the legal sector. Ultimately of course it is not government or ministers that run businesses. Rather, government’s role is to help create the conditions in which firms can flourish. This Plan and our work over the next 12 months describe the measures we will be taking to support their success. We are delighted to be working with industry experts, including the Law Society of England and Wales, the Bar Council and The CityUK, to find a joint approach to encouraging growth in the legal services sector. Working in partnership, our hope and belief is that legal services will go from strength to strength." Lord GreenMinister for Trade & Investment Kenneth ClarkeLord Chancellor Secretary of State for Justice ____________________________________________________ Mylegal eye analysisI have to confess to being astounded when I read how our legal service market generates £23.1 billion a year for our economy; about 1.8% of GDP.
Given what Clarke says about the inefficiency in our civil legal aid sector, I'm somewhat puzzled as to how he now sees it as an essential tool towards steering our country back to economic prosperity.
Surely, it's a mixed message to be cutting our justice system to the bare bones for those who need it most; yet putting plenty of meat on them for those with lots of money?
Ken's paving the way for a two tier legal service system; those with the cash can access the law - those without will have little, if any, redress!
I get the distinct impression Ken's been led in to line by those who think in millions as they pace the corridors of Westminster. Links www.legalweek.com/legal-week/news/2109268/ken-clarke-ill-bat-uk-legal-services-global-push
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Post by nickd on Sept 25, 2011 9:49:37 GMT 1
(4) The real influence of powerOh, I think the 'Bullingdon boys' may just have had more
than a say in Ken's apparent 'new style' thinking, can't help
but think Danny Alexander is a little wary of the camera.  Perhaps, he's been helped by the little 'elves' in number 10; curious? - let me explain....One thing which has always perplexed me is how the Ministry of Justice chose to embed all of it's radical reforms into a bill called the 'Legal Aid, Sentencing & Punishment of Offenders Bill'. It's often termed 'LASPO' when bandied around the Internet on Twitter; - its initials aren't affectionately born; for they invoke fear amongst those who nervously await the outcome of these reforms. The biggest loser in these reforms is without doubt 'social welfare law' which generally can be associated with family matters, employment, housing, welfare benefits, education, clinical negligence and community care. The majority of the argument put forward by campaigners is done by those campaigning for 'social welfare justice'. It therefor comes as no surprise to me that government didn't choose to introduce these reforms by way of a new 'Access to Justice' act, the last one being in 1999 when the Community Legal Service and criminal defence service were introduced. It would be absolute hypocrisy to remove social welfare legal aid from any bill which bears a name associated with access to justice. It seems there may well have been some
influence from those at the top over the wording
of the bill as an article in the media makes all too
clear, so what it is it with these little elves?.. No, no, no - not those little elves!; - the ones who aren't exactly lighting up a lord's christmas tree.... Here's what Lord McNally says..."A wider dispute is raging between Clegg's party and the Conservatives on how to respond to the riots. The Liberal Democrat justice minister, Lord McNally, revealed that Downing Street wanted the word "punishment" inserted into the legal aid and sentencing bill. He said the "little elves that work in No 10 helping the prime minister" had been at work. He warned Conservative ministers not to turn the legislation into a "Christmas tree bill" loaded with new ideas, adding that this could jeopardise its passage through the Lords. Downing Street said the word punishment would not be included in the bill, but the proposals set out by Cameron in the wake of the riots would appear. They include withdrawing benefit from parents whose children play truant." I'll be back with more cracks in LASPO in the next post, rest assured the little elves have been more than hard at work!
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Post by nickd on Sept 25, 2011 9:50:55 GMT 1
(5) The puppet on a string; - or in this case a Blackberry?Have the little elves been having a word? Oh yes, I'm sure they have. Dave Cameron would have spluttered over his coffee and croissants when he read in the Daily Mail what Nick Clegg was going to say in his key note speech at conference:
" WE LET THE RIOTER'S DOWN"Dave would have reached for the blackberry very quickly indeed. Here's what the Daily Mail said the day before Clegg gave his speech: "We let down the looters""Clegg to announce £50m summer schools for disadvantaged children as Lib Dem response to riots" Last updated at 9:25 AM on 21st September 2011 Accompanied by a picture of a very angry looking deputy PM  'Social tension must not be ignored' Nick Clegg will tell his party today the country let the looters down The social tensions behind this summer’s rioting must not be ignored, Nick Clegg will warn today. The Deputy Prime Minister will use his flagship conference speech to insist many of the looters had ‘lost touch with their own future’ because they had been let down by society. Mr Clegg will also announce a £50million scheme to offer 100,000 disadvantaged children two weeks of summer school at the age of 11 to help them to ‘catch up and get ready for the challenges ahead’. But it is the Lib Dem leader’s language on the riots that will cause most controversy. He will try to rally traditional supporters by distancing himself from the Conservatives over law and order. Read more: www.dailymail.co.uk/news/article-2039821/Nick-Cleggs-response-riots--50m-summer-schools-disadvantaged-children.html#ixzz1ZHdsAGrZ
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Post by nickd on Sept 28, 2011 22:25:21 GMT 1
You can just imagine the reaction from the Prime Minister ![]() He would not have been at all happy at the idea of his deputy going soft on rioters[/img] You see Dave's message has to please those who read the Sun, The Daily Mail and the Daily Express to name but a few. Here's how the Sun reported what Dave had to say on the riots.. "16,000 cops to reclaim the streets"
"Cameron vows to restore order" "Fight back ... PM David Cameron condemns the violence that has swept the country"David Cameron today condemned the "sickening" scenes of violence across England after jetting back from holiday to hold an emergency meeting on ending the three-day riots. Speaking outside Downing Street the Prime Minister said the Government would do "everything necessary to restore order to Britain's streets and to make them safe for the law-abiding". Mr Cameron, who arrived back from Tuscany, Italy, early today, added: "This is criminality pure and simple and it has to be confronted and defeated." PunishmentHe also announced that Parliament will be recalled on Thursday to discuss the crisis, that all Met officers' leave had been cancelled and that the number of police on London's streets of London will be nearly trebled to 16,000. Mr Cameron warned those involved in the trouble that they were not only risking their own communities but their own futures. DAVID CAMERON says troublemakers will be hit with "full force of the law"
He added: "If you are old enough to commit these crimes you are old enough to face the punishment." The PM spoke after meeting Home Secretary Theresa May and acting Scotland Yard Commissioner Tim Godwin at No10. He then chaired an emergency Cobra meeting at 9am. It came as police struggled to restore calm to shaken communities. Hundreds of people were arrested last night after the worst rioting in decades as looting, violence and arson spread across London and other major cities including Liverpool, Birmingham and Bristol. The Metropolitan Police Service was stretched to the limits, with arrests leaving all police cells in the capital full. Mr Godwin also called for every special constable to report for duty today. www.thesun.co.uk/sol/homepage/news/3741843/PM-David-Cameron-condemns-riots-after-jetting-back-to-deal-with-riots.htmlDave's got a clear message - even if it's not quite in tune with his fellow men in cabinet
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Post by nickd on Sept 28, 2011 22:27:29 GMT 1
It's not just a divided coalition  Dave can't see eye to eye with those he should stand
shoulder to shoulder withLet's look a few of the divisions which exist... ____________________________________________________ Police  The divisions which arose with the police over the riots highlighted problems. Cameron faced a great deal of criticism over his approach to American style policing; - it didn't go down well with police officers who faced job cuts in this country. There was criticism leveled at the Police over their handling of the riots and they fought back. Here's an extract to an article relating to Peter Hitchens and what he had to say on crime & punishment: It is not only that the police are inadequate but that the supporting "justice" system has also fallen apart. Peter Hitchens takes a look at it, arguing that, "It is not prison that is an expensive way of making bad people worse. It is this joke justice, defeatist and defeated, which ensures that almost nobody arrives in prison until he already has a higher degree in crime". However, Hitchens is spot on about Cameron, observing that he is "once again defrauding far too many people. He uses his expensive voice, his expensive clothes, his well-learned tone of public-school command, to give the impression of being an effective and decisive person. But it is all false. He has no real idea of what to do". eureferendum.blogspot.com/2011/08/other-pieces-of-jigsaw.html____________________________________________________ The Mayor Boris Johnson: the fallout
Yesterday Boris Johnson claimed that he was against any “Kosovo style” social cleansing of London. His words immediately found their way to their intended target: David Cameron who was out of the country on business. His choice of words was also seized upon by Nick Clegg who described them as “outrageous” while Vince Cable, the pre-election hero, accused him of being “ludicrously inflammatory”. Yet the government has failed to present a decent counter-argument to the charge that their proposed cap on housing benefit won’t force many people out of London to the periphery. The Housng Minister, Grant Shapps was in denial, “Just because you are on housing benefit, that shouldn’t give you the ability to live somewhere, where if you are working and not on benefit you can’t. We’d all love to live in different areas, but I can’t afford to live on x street in y location. The housing benefit system has almost created an expectation that you could almost live anywhere, and that’s what has to stop.” Myths and tropes. The Leader of Westminster City Council, Cllr Colin Barrow, claimed on the BBC that people from lower incomes deliberately target his borough because of its stylish properties. Oddly enough he provided no evidence for this assertion. Remember this is the same council that sold off loads of council homes in order to gerrymander certain wards. It also sold off 3 cemeteries for 5p each. But has Bojo gone all One Nation on the Tory Party? When someone like Johnson comes out with a statement like the one he did yesterday, you have to spend time looking for the reasons behind it. First, the mayoral elections take place in 2 years time. He has Ken Livingstone snapping at his heels and he wants to try and steal as much thunder from his as he can. Secondly, he is well aware that London relies on a lot of cheap labour and he wants to ensure that there is a massive pool of cheap labour for London’s businesses to draw from. He isn’t doing this for altruistic reasons; his reasons are the same as any other capitalist exploiter of labour. The press have taken up differing positions: much of the right wing press is reporting how Johnson has been slapped down by Downing Street. Others tell of how Cameron and Johnson are on a collision course over benefits. Kennite claims that his hero has recanted his words. He says “I confess, however, to less sympathy for the capital’s unemployed”. buddyhell.wordpress.com/2010/10/29/boris-johnson-the-fallout/"Boris and Cameron at odds over riots"by Holly Smith / 06 Sep 2011 13:00 Boris Johnson made a point of distancing himself from the prime minister at the Home Affairs Select Committee this morning
 Mayor of London, Boris Johnson and the PM have had a few fall outs; - Boris Johnson chatting about BBM, Keith Vaz demonstrating his retro kitsch by dropping ‘keep calm and carry on’ into conversation – it could have been another unintentionally hilarious case of politicians casually trying to demonstrate how groovy and hip they are. Instead, it was the Home Affairs Select Committee hearing this morning. www.totalpolitics.com/blog/254852/boris-and-cameron-at-odds-over-riots.thtmlBorris plans... www.london.gov.uk/shaping-london/london-plan/docs/london-plan.pdf__________________________________________________________ The Chancellor Will George stop Dave from curing sick Britain? Last updated at 9:48 AM on 15th August 2011 Why did it take an epidemic of looting and lawlessness for the Prime Minister finally to find his true voice? When he talked this week about the magnitude of the moral crisis confronting Britain, it was powerful stuff. He said parts of our society are sick, correctly diagnosing the causes as a failure of parenting, a collapse of moral values, a breakdown of discipline and a rampant welfare state. It was music to Tory ears, as well as to many in Britain deeply fearful about this country’s prospects. It showed how polished under pressure he is and adept at responding to the national mood in an emergency. Divided George Osborne and David Cameron come from different political backgrounds But I fear his fine words this week won’t be followed by the necessary robust action. It is not just that he’s being held back by the presence in the Coalition of the Leftish Lib Dems — who the latest poll suggests are languishing at just 7 per cent. It is also that there is a profound split at the heart of the Tory leadership. Anyone who believes the clique who run the Tory Party are of one mind is mistaken. Certainly, David Cameron and George Osborne are united in a hunger for power and a belief that they have to be pragmatic to secure it. But Cameron is quite different from Osborne in a crucial respect. The Tory leader has long believed that, for him, politics should be, in part, a moral mission to rebuild a society after the damage wrought by the Liberal-Left since the Sixties. Osborne views such talk as unrealistic, romantic nonsense. Read more: www.dailymail.co.uk/debate/article-2025534/London-riots-Will-George-Osborne-stop-David-Cameron-curing-sick-Britain.html#ixzz1ZldlJEWWwww.dailymail.co.uk/debate/article-2025534/London-riots-Will-George-Osborne-stop-David-Cameron-curing-sick-Britain.html__________________________________________________________ The MOJ KC __________________________________________________________ Nick Clegg
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Post by nickd on Oct 4, 2011 0:31:09 GMT 1
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Post by nickd on Jan 15, 2012 14:44:20 GMT 1
Update and integrate with MOJ rolling out the injustice post
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