The Home Office says you don’t need to know about its ‘spying’ on lawyers

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Original article republished from Open Democracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

Exclusive: Government refuses to answer questions about its surveillance of immigration lawyers

Jenna Corderoy 24 April 2023, 10.00pm

The government has refused to answer questions about its “monitoring” of human rights lawyers – saying revealing the extent of its surveillance is not in the public interest.

In February, immigration minister Robert Jenrick admitted during a parliamentary debate that the Home Office is “monitoring the activities” of “a small number of legal practitioners”, after claiming that “human rights lawyers abuse and exploit our laws”.

Using Freedom of Information (FOI) laws, openDemocracy asked the Home Office how many legal practitioners it is monitoring, the nature of the monitoring and when it began. We also asked which unit within the department is carrying out the surveillance or if it has been outsourced to private firms.

The Home Office has now rejected the request, saying it is not in the public interest to disclose any of the information. openDemocracy has appealed against this decision.

Paul Heron, senior solicitor at the Public Interest Law Centre, told openDemocracy: “Government ministers spying on lawyers sounds like something from an authoritarian state. It is a direct threat to the rule of law and undermines the principles of justice and fairness.

“State surveillance of lawyers, and indeed any worker, is a clear violation of human rights and civil liberties and undermines the very foundation of a free and democratic society.”

Heron added: “The Home Office’s refusal to respond openly, adequately and indeed at all to the FOI request from openDemocracy regarding the monitoring strategy of lawyers by the Home Office should be a real concern, indicating not only a fundamental lack of transparency but a fundamental lack of accountability.”

State surveillance of lawyers, and indeed any worker, is a clear violation of human rights and civil liberties

Jon Baines, a senior data protection specialist at law firm Mishcon de Reya, shared Heron’s concerns.

Speaking to openDemocracy, Baines said: “The secrecy shown by the Home Office is regrettable, particularly as there is a distinct lack of any meaningful analysis of the public interest factors weighing in favour of disclosure.

“Secret monitoring of lawyers by the state has very serious connotations, and if the information really is exempt from disclosure, it is incumbent on the Home Office to give more detail and more justification for what is an inherently oppressive activity.”

The Home Office’s silence comes ahead of the return of the Illegal Migration Bill to the Commons this week, for its third and final reading before moving to the Lords. On Monday, the Equality and Human Rights Commission warned that the bill “risks breaching international obligations to protect human rights and exposing individuals to serious harm”.

The government claims the legislation will deter people from crossing the English Channel in small boats.

In February, Tory MP Bill Wiggin used a parliamentary session about a violent incident outside a hotel used to temporarily house asylum seekers in Knowsley, Liverpool to ask about legislating to stop such crossings.

Jenrick replied: “This is one of the most litigious areas of public life. It is an area where, I am afraid, human rights lawyers abuse and exploit our laws.”

The Home Office must give more detail and more justification for what is an inherently oppressive activity

Later in the debate, Liberal Democrat MP Alistair Carmichael asked: “The minister told us a few minutes ago that part of the problem here is human rights lawyers who abuse and exploit our laws… could the minister tell the House how many solicitors, advocates and barristers have been reported by the Home Office in the last 12 months to the regulatory authorities?”

Jenrick did not answer the question or provide figures. Instead, he said: “We are monitoring the activities, as it so happens, of a small number of legal practitioners, but it is not appropriate for me to discuss that here.”

At the time, Jenrick’s comments prompted dismay and concern among lawyers.

In its FOI refusal, the Home Office stated that a disclosure would “inhibit free and frank analysis in the future, and the loss of frankness and candour would damage the quality of risk assessments and deliberation and lead to poorer decision-making”.

Explaining its decision to withhold the information, the department said: “The Home Office has a process that allows caseworkers to check companies and individuals are qualified to provide immigration advice and reporting mechanisms that allows us to escalate any issues to regulatory bodies.”

Original article republished from Open Democracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

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Calls for lobbying crackdown after we expose £13m ‘backdoor’ to MPs

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Original article by Ruby Lott-Lavigna republished from openDemocracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

Standards committee demands tighter rules after openDemocracy uncovers lobbying by firms including weapons makers

Unofficial parliamentary groups should face tighter rules, a new report has recommended after openDemocracy revealed that they are easy prey for private firms and lobbyists wanting to buy access to politicians.

On Tuesday, the Committee on Standards called for tighter rules for All-Party Parliamentary Groups (APPGs) – informal groups run by MPs and peers, which are often funded by or closely linked to external organisations.

The committee warned that there “remains a significant risk of improper access and influence by commercial entities or by hostile foreign actors”.

It comes a year after an openDemocracy transparency investigation found that weapons makers and private healthcare firms were among companies to have donated £13m to APPGs for exclusive access to politicians. The subsequent backlash led 1,500 people to contact their MPs demanding “more transparency” for the groups.

Now, in a report published this week, the Committee on Standards has demanded stronger regulations for the groups, which have been revealed by this website to lobby for big tobacco, fuel companies and arms companies.

The report called for a ban on APPG secretariats being supplied by foreign countries and a requirement that all groups produce an annual income and expenditure statement.

It also said that MPs should be allowed to join no more than six APPGs, and that when reports are published and funded by external organisations, this must be made transparent.

“When communicating with ministers, public officials, public officer holders or outside organisations,” the report says, “APPGs and their officers must declare their sources of funding.”

Sometimes one questions whether a group really is an APPG or just a personal campaign or a money-making venture

Chris Bryant MP

Last year, openDemocracy revealed that MPs who successfully lobbied the government to introduce for a controversial ‘greener’ petrol were part of an APPG funded by the fuel industry. The APPG for British Bioethanol, supported by various fuel companies, met with ministers and urged the government to roll out E10 petrol “as swiftly as possible”.

openDemocracy uncovered that the APPG for British Bioethanol’s influential report on E10, published in 2019, had been paid for by a bioethanol company, Ensus Ltd. We found that staff from Ensus provided “assistance” with researching and writing the report, which mentions Ensus numerous times and includes quotes from the firm’s commercial director, Grant Pearson.

Writing for openDemocracy in the wake of our investigation, Labour MP Chris Bryant, who chairs the Committee on Standards, said MPs should “run a mile” from APPGs that feel like “front of house for a direct commercial interest,” “a cover for free trips to exotic locations” or “the brainchild of a lobbying company”.

Bryant added: “Sometimes [APPGs’ AGMs] are so poorly attended as to make one question whether the group really is an APPG or just a personal campaign or a money-making venture masquerading as a parliamentary affair.”

Original article by Ruby Lott-Lavigna republished from openDemocracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

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We must face up to neoliberalism’s flaws if we’re to halt climate breakdown

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OPINION: Tackling the climate crisis effectively requires transition to a more fair and sustainable global economy

Original article by Paul Rogers republished from OpenDemocracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

The Climate Change Committee (CCC) delivered a report this week that is especially sobering in light of the fact that the committee is an independent, statutory body, established under the Climate Change Act 2008. The CCC is not just a think tank. Its function is “to advise the UK and devolved governments on emissions targets and to report to Parliament on progress made in reducing greenhouse gas emissions and preparing for and adapting to the impacts of climate change”.

Funded by the government, the committee is developing a reputation for being surprisingly blunt when it comes to government policy.

This was amply demonstrated in this week’s report, covered in some detail by the Environment Journal and neatly summed up by a single paragraph:

Simply put, the National Adaptation Programme (NAP) – which should respond to the scale of the challenge – falls well short. According to the CCC, it lacks a clear vision for the future, is not underpinned by tangible targets, and is not driving policy changes or steps towards implementation. If this does not improve then wider measures, including the net zero journey and restoration of biodiversity and ecosystems, will also fail.

Just a day later, the government delivered its revised plan to meet its climate change targets, with a heavy emphasis on carbon capture and nuclear power. It was received with relief by the oil and gas industry, but with a singularly large raspberry by environmental analysts.

By coincidence, the week also saw a study published following research by Australian climate scientists. As reported in The Guardian, it predicted: “Melting ice around Antarctica will cause a rapid slowdown of a major global deep ocean current by 2050 that could alter the world’s climate for centuries and accelerate sea level rise.”

This is just one of several reports on recent research showing that radical and rapid decarbonisation is now vital if climate breakdown and chaos are to be avoided. The reports raise two vital questions: What does rapid decarbonisation involve in practice? And what are the chances of success?

Back in 2020, the Intergovernmental Committee on Climate Change (IGCC) estimated that to limit global temperature rises to 1.5°C, a 7% decline in carbon dioxide output was needed every year for the whole decade. That has already failed for the first three years of the 2020s and a per annum decrease of about 10% is now needed, equivalent to a 60% decrease overall.

The likes of carbon capture and more nuclear power for the richer states are simply a non-starters

On the question of how to achieve this, Kevin Anderson, professor of energy and climate change at the universities of Manchester (UK), Uppsala (Sweden) and Bergen (Norway), and co-founder of the Climate Uncensored website, spells out what is required in the Scientists for Global Responsiblity’s journal, Responsible Science.

He writes that a starting point is that the world’s major emitters, the wealthier states, must get to zero carbon emissions by 2030 to 2035 to allow the poorer states extra time to follow suit. On this timescale, the likes of carbon capture and more nuclear power for the richer states are simply a non-starters. It would take far too long to reach net zero using these methods.

So what would this involve for a country such as the UK? Anderson sketches out a few examples, starting off with an immediate moratorium on airport expansion and an 80% cut in air travel by 2030. No new internal combustion engine cars would be built after 2025, and there would be a huge shift away from private cars in urban areas and towards public transport and active travel (such as walking and cycling). There would be a nationwide retrofit on all existing housing stock “rolling it out street by street at mass scale”, and new housing would be built to “passive house” standards.

Anderson underpins the whole process by a massive expansion of electrification across the entire energy system, with an obvious emphasis on wind, solar and other renewables, already cheaper than coal, oil or gas.

There is much more to Anderson’s article, so you should read it yourself, but three elements stand out. The first is that what is required is, in effect, a ‘Marshall Plan’ for a greened world. He uses the term to indicate the ambition necessary rather than, as in the original, the US helping Europe.

That brings us to the second element – the money to effect that change must come from the richer sectors of society right across the world. Although Anderson does not spell it out in detail, these cannot just be the super-rich, the ultra-high net worth individuals who now number close to 600,000 worldwide. It must also include the many millions more who are merely ‘high-net-worth’ people on a global scale.

This questions the very basis of the current economic model, but that won’t come as a surprise to anyone who has looked in any detail at what needs to be done. A frequent conclusion is that neoliberalism just isn’t fit for purpose when it comes to wealth distribution, and it is also not able to respond to climate breakdown at anything like the speed that is needed.

For his third point, Anderson points to some of the benefits that would follow in the wake of the changes. They include the elimination of fuel poverty; improved and warmer homes that are cheaper to run; better internal and external air quality; high-quality, reliable public transport; quieter urban spaces with more room for playing fields, parks and recreation; and plenty of skilled jobs supporting the green transition.

We might add that it also means finally facing up to the deep flaws in neoliberalism, especially those market fundamentalist dimensions that simply cannot, by their nature, respond to climate breakdown .

We might not meet Anderson’s timetable, but we will have no option over the next decade but to come very close to it, since the alternative of a chaotic global climate will be increasingly evident.

In any case, look at it this way. Not only will we get on top of climate breakdown, but we will start the transition to a fair and sustainable global economy. That really is something worth aiming for.

Original article by Paul Rogers republished from OpenDemocracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

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Why Palantir’s latest NHS land-grab is such bad news for patients

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Original article by Cori Crider republished from openDemocracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

OPINION: Once Palantir is inside our health service, it will be hard to get rid of. The NHS should think carefully

NHS sign

This week I debated the future of the NHS with a cardboard cutout. This was, I confess, a bit of a let-down: Louis Mosley, the UK head of Palantir, looked very fine in 2D, watermelon cocktail in hand, but we’d hoped for the man himself. He’d agreed to debate Foxglove about the NHS’s massive new plans for our health data, only to pull out at the last minute, citing ‘commitments in eastern Europe’. I suspect the real reason is that the government leant on him – and the conference organisers – to scuttle the debate. So much for public engagement.

Funny cutouts aside, this is a serious matter. The NHS, as we can see from the strikes this week, is in a historic crisis. As well as 120,000 care vacancies, the NHS has over 3,000 vacant tech roles – which stops the service from evolving to meet future needs. But instead of gripping this crisis with a credible workforce plan, the government proposes to spend nearly half a billion pounds on a database.

This is what I was hoping to debate with Louis. The government wants to give his spy-tech firm, Palantir, the contract to manage a vast new ‘Federated Data Platform’. If it goes ahead as envisaged, the FDP will be the largest single point of access to patient data this country has ever seen. It’s a pity it was left to me and Dr Marcus Baw, a GP and health IT specialist, to debate this system – because there’s so much the government won’t say about it. Like exactly what shape it will take or what purposes it will eventually serve; what it will eventually cost; who will have access; or how patient choice and consent will be honoured.

The proposed system is vast. The aim is for it to sweep in hospital, GP, even social care records – and make all this patient data available to government planners and others.

Now, parts of this are all to the good. The NHS badly needs to make better and more efficient use of patient data for the good of the NHS and of patients; there are inefficiencies in the system that urgently need fixing. But we, and many experts within the NHS we speak to, have serious concerns about the design of this contract: about whether the procurement has been fair; whether the system will work as designed; and whether Palantir, which is mainly known for supporting CIA drone attacks, predictive policing and deportation raids, is a remotely appropriate partner for the NHS.

That’s why Foxglove (with openDemocracy) brought multiple legal cases seeking to shed light on this shadowy spy-tech firm’s beachhead in the NHS since their very first £1 no-bid pandemic contract. It’s also why 50 other groups have signed the ‘No Palantir’ pledge, saying a company whose values are so manifestly opposed to those of the NHS has no place handling so much sensitive patient data.

Having one supplier to join up data and analyse it risks creating a dangerous private monopoly over vital NHS infrastructure

But there are deeper issues with the FDP. It runs the risk of stealing oxygen – and funding – from other critical work already underway to help the NHS join up its patient data for good. For example, openSafely, a flagship national data platform for health research, was developed by Ben Goldacre and a team at Oxford and was used for vital Covid research. It’s completely open source, safe and lights a way forward for trustworthy health research. It also costs a fraction of what Palantir does.

What’s more, pushing so much access and control to the centre may not make sense. For some issues – vaccination, workforce planning – there is a clear case for a national solution. But ultimately, most care is delivered locally and planned regionally. There are already places, such as London, that have pioneered solutions to pool patient data to plan care better – at a fraction of the FDP’s cost. It is far from clear how this will interact with the FDP, or whether it can survive the new system.

Other competitors – like a UK consortium of universities and open-source firms that are apparently bidding for the deal – would have loved a fair crack at the FDP contract. But let’s be honest: they probably haven’t got a snowball’s chance at beating Palantir’s incumbent advantage, won through a mixture of insider influence and watermelon cocktail lobbying.

Once Palantir’s in, it will be hard to get it out. The technical architecture is proprietary – and other government agencies have struggled to get off Palantir when they’ve tried. Having a single supplier to help you join up data and analyse it also risks creating a dangerous private monopoly over vital NHS infrastructure.

Indeed, if you take Palantir chief executive Alex Karp at his word, that’s the plan. “We are working towards a future where all large institutions in the United States and its allies abroad are running significant segments of their operations, if not their operations as a whole, on Palantir,” he wrote. “Most other companies are targeting small segments of the market. We see and intend to capture the whole.” That reads like an express statement of an intention to seek monopoly power.

It’s also clear they’re in it to profit. Their chief technology officer, Shyam Shankar, recently wrote: “The problem with defen[c]e contracting is not the popular narrative that contractors make too much money. It is actually that they make too little money… Innovators will need outsized profits to motivate progress.” Monopoly and profiteering may be good for Palantir’s share price, but they sit uncomfortably with the ethos of a public health service.

Joining up the NHS’s disparate health data systems better will present stiff challenges, and the NHS will face trade-offs – buying in consultants may be easier in the short term, for example, but may prove more expensive in the long run. But at the moment the government is stonewalling legal letters asking even basic questions about the FDP. And they are also creating facts on the ground that could be seen to favour Palantir. The legal basis for all of this, now that the pandemic’s suspension of protections for patient data has lapsed, is unclear.

People care deeply about how their health data is used. We go to the doctor to share our worries, our fears, and our pain – and if we don’t trust that conversation to be private, we may not go at all. People want to feel safe to contribute their health data for the good of the NHS – but when the government runs out ahead of patient trust, overhauling patient data systems without explaining what it wants to do, who will see the data, and what safeguards there are, people baulk. In 2021 more than a million people in a month opted out of sharing their health data because they didn’t trust the government’s last plans to pool their GP records. The history of the NHS is a boneyard of such schemes: massive, expensive white elephants that all failed because the government didn’t take the time to get the governance or consent right.

It is past time for the government to learn from these mistakes. We can build a better future for our patient data – if we take the time to design carefully, honouring patient choice and thinking about what system will serve the NHS for the long haul. Anything less is likely to fail and set the cause of progress back another five years.

Original article by Cori Crider republished from openDemocracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

Continue ReadingWhy Palantir’s latest NHS land-grab is such bad news for patients