One law for the poor at Grenfell Tower

Steve Tombs, Open University and David Whyte, University of Liverpool

 

In austerity Britain, can justice and accountability be served for the victims of the Grenfell fire? Or are our laws already too much shaped to the needs of the business class?

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Image source: ChiralJon/FlickrCC BY 2.0

 

Days after the Grenfell Tower disaster, London Mayor Sadiq Khan expressed the sentiments of many, not least the bereaved, the survivors and the local community at large, when he stated that, “if negligence or other wrongdoing by individuals or companies played any role whatsoever, I will fight for the full force of the law to be brought to bear.” But what exactly is the full force of the law in this case?

One demand has been that those who had the knowledge and ability to prevent what has happened should be prosecuted for corporate manslaughter. And the fire at Grenfell seems exactly the kind of disaster which the Corporate Manslaughter and Homicide Act was introduced in 2007 to deal with. Yet in almost 10 years since it was introduced, the law has only been used successfully 21 times – and in no cases has a large organization been convicted following a multi-fatality disaster. In fact, following the deaths of six people at the Lakenal tower block in 2009, the CPS eventually decided against pursuing a case of corporate manslaughter against Southwark council despite the fact that the council “knew the building posed a fire risk but did not act and had not carried out a fire risk assessment.”

In any case, the scope of this relatively new law was carefully shaped to the needs of the business class rather than ordinary people. Champagne and Pimms glasses would no doubt have been chinking in some parts of Kensington and Chelsea when the Blair government announced in 2006 that the new law would grant a blanket exemption to directors and senior individuals in organizations. This means that the most likely result of any such prosecution is a fine against the organization (and in this case the costs of a fine against the Royal Borough of Kensington and Chelsea Council (RBKC) would ultimately fall on local taxpayers). It is a prime example of what happens so often in our legal system: even the laws that appear to be holding the wealthy to account tend to do nothing of the sort.

Some senior experts have noted that there may be evidence to support a different approach, a prosecution of individuals for the common law offence of manslaughter. We already know unequivocally from the testimonies of the Grenfell Tower Residents Association, that the RBKC was told about the fire risks, and were warned of specific risks on multiple occasions. Yet apparently there was no adequate fire safety assessment.

Here we confront a much deeper problem with the law designed to regulate organizations and businesses. Regulation has been on the back-foot in the UK for some 30 years. Successive governments have virtually mandated a withdrawal from law enforcement in health and safety and in local authority regulation.

When David Cameron pledged to kill off health and safety for good, he followed a long line of governments desperate to prove their pro-business credentials by cutting inspection and prosecution, and stripping back regulations. In most recent years, austerity cuts have taken us to the point that the average workplace can now expect an inspector to call once every 50 years.

Fire protection has been similarly compromised by the cuts. A report by the National Audit Office shows that between 2010 and 2015 funding for stand-alone fire and rescue authorities fell by 28% on average in real terms. Savings came predominantly from reducing staff costs and reducing audits, inspections and fire risk checks. The result: fire safety checks in tower blocks fell 25% in the most recent 5 years. Perhaps most alarmingly in light of Grenfell, the report noted that the government had “reduced funding most to fire and rescue authorities with the highest levels of need….as defined by the social and demographic factors.” In other words, the cuts to fire and rescue services have fallen hardest on the poorest – just like all austerity cuts.

More generally, at local authority level, since the cuts began to bite, campaigns to enforce regulation against business have become almost extinct. This is because most councils, unlike RBKC, have reached rock bottom in terms of their ability to maintain services. As an Environmental Health Officer in Merseyside put it to one of us recently: “it’s going to come to the point where it’s going to affect the residents, the local population, in many ways we are at that point now, public health and protection is being eroded.” Even more galling is that RBKC, the richest borough in London and one of the few councils that remains cash-rich, is choosing law enforcement on behalf of the rich over enforcing the law in the general interest.

We know this by looking closely at what building enforcement officers in Kensington and Chelsea have been doing in recent years. In 2015 RBKC embarked on a major campaign to stop construction companies displaying unlawful and ugly advertisements and messages on the side of the buildings. At the time, RBKC planning policy head Cllr Timothy Coleridge said:

“Unfortunately, some developers ignore the rules and turn their hoardings and scaffolding covers into huge adverts, sometimes in the heart of historic and sensitive residential areas. This is unfair on our residents and it is unfair on those developers that follow the rules and we will prosecute when required.”

In other words, this was a law enforcement campaign aimed at enhancing the aesthetic appeal of the area, and maintaining the successful gentrification of the area, rather than ensuring high standards of building renovation for working class residents.

The public inquiry and inquests will seek to learn how we can prevent another Grenfell Tower happening again. If the police and the CPS are serious about using the full force of the law, it may well be possible to prosecute for corporate manslaughter and for common law manslaughter. Individuals in charge of key decisions can be held accountable for this latter offense if they have acted with gross negligence and have breached a particular duty of care. It is very possible those conditions will be met in the case of Grenfell Tower.

By contrast, a lack of prosecution will send a clear and powerful message: that justice and accountability cannot be served in austerity Britain. But the solution to what happened at Grenfell will not be found in the courts. If there is one resounding lesson that must be learned, it is that any future government must reverse 30 years of attacks on regulation and law enforcement and cease this war against the poor.

This post was first published by Open Democracy on the 21st of June 2017, at: https://www.opendemocracy.net/uk/steve-tombs-and-david-whyte/on-grenfell-one-law-for-rich-one-poor

Undoing Social Protection

Steve Tombs, The Open University

 

It’s going to come to the point where it’s going to affect the residents, the local population, in many ways we are at that point now, public health and protection is being eroded.” Environmental Health Officer, Merseyside

 

Making Regulation Better

 

In 2004, Sir Phillip Hampton was appointed by Chancellor Gordon Brown to oversee a review of 63 major regulatory bodies as well as 468 local authorities. His subsequent report proved to be a watershed in the trajectory of business regulation and enforcement across Britain.  The report formally established a concept of ‘better regulation’ which entailed, notably, a policy shift away from formal law enforcement.

 

The effects of this initiative have been staggering. Between 2003/04 and 2014/15:

 

  • Food hygiene and food standards inspections fell by 15% and 35% respectively, while there were 35% fewer food prosecutions.

 

  • In relation to occupational health and safety, inspections by both the national regulator, the Health and Safety Executive, and local health and safety inspectors, fell by 69%; national prosecutions fell by 35%, whilst local prosecutions fell by 60%.

 

  • Local Environmental Health Officers enforcing pollution control law undertook 55% fewer ‘Part B’ inspection visits and issued 30% fewer enforcement notices.

 

The trends in enforcement are staggering in that they all point in the same direction – enforcement across these three areas is in rapid decline. But if these clearly are effects of ‘Better Regulation’, they are also effects of austerity policies.

 

Better Regulation and the Local State

 

In order to assess what this combination of the politics of better regulation overlain by austerity have meant on the ground, I interviewed 35 local authority front-line inspectors  across 5 local authority areas in Merseyside (Knowsley, Liverpool, Wirral, St Helens, and Sefton) during 2014 and 2015, as a way of examining the state of their enforcement capacities across food, pollution control and occupational health and safety.

 

In the context of business regulation and enforcement, Local Authorities are a particularly appropriate site of analysis – in the three spheres of social protection at issue here, the vast bulk of enforcement occurs at this level. Meanwhile, this is also the place where funding for regulation and enforcement has been reduced the most. Thus, from 2009/2010, local government funding from Westminster came under pressure. Indeed, of all the cuts to Government departments between 2010-2016, the Department for Communities and Local Government has been impacted most of all.  Moreover, analyses of the distribution and impacts of these cuts indicate overwhelmingly that they impact most heavily upon poorer Local Authorities. As one calculation in 2014 put it, “Councils covering the 10 most deprived areas of England – measured  according to the index of multiple deprivation – are losing £782 on average per household, while authorities covering the richest areas are losing just £48 on average. Hart district council in Hampshire, the least deprived local authority, is losing £28 per household, while in Liverpool District B, the most deprived area, the figure is £807”.

 

Perhaps the clearest finding in my interviews across five Local Authorities was that each experienced significant reductions in staffing, notably in the latter part of the period under scrutiny.  In every Local Authority, the numbers of front-line inspectors had fallen significantly between April 2010-April 2015. Overall, total numbers across the three functions fell by over 52% – from 90.65 FTEs to 47.78 FTEs. The declines were across all functions and Authorities, with health and safety inspectors falling most starkly; indeed, in two authorities, Liverpool and Sefton, by 2015 there were no dedicated health and safety inspectors, while at the same date there were no pollution control inspectors in Knowsley.

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Sonae UK’s controversial chipboard plant in Knowsley. Image courtesy of Dave Jacques.

 

Inspectors were in no doubt what these cuts in staffing meant. As one told me, “It’s going to come to the point where it’s going to affect the residents, the local population, in many ways we are at that point now, public health and protection is being eroded”. That view was mirrored almost exactly by another who told me: “We’re at the point where there is no flesh left, this is starting to get dangerous, a danger to public health”.

 

With fewer staff, it is hardly surprising that the inspectors I interviewed raised the issues of a long-term decline in inspection; a long term decline in the use of formal enforcement tools, and a decreasing use of prosecution. Time and time again, inspectors told me of increasing obstacles to the ability to prosecute. These obstacles included: a lack of staff time; fear of losing cases; lack of support from Legal Services departments to prosecute; and an increased political risk (“flak”) in prosecuting. Moreover, these types of responses are indicative of a political context for regulatory enforcement where the idea of regulation is under attack, and are a powerful illustration of how discourses and policies at national level can translate into barriers to enforcement at local levels.

 

While all of the local authorities had seen reductions in staff, this did not just mean a loss of overall resource, but the loss of a particular kind of resource, that is, expertise and experience: redundancies did not only mean that staff were not replaced but a loss of specialist expertise, alongside pressures for regulators to become generalists. As one  inspector put it, “it’s the experienced staff who have gone, so we have lost numbers and expertise”.  In fact, the shift from regulators being specialists to generalists was one consistent theme across the interviews, referred to by numerous respondents and in every authority: “People have had to become generalists”; “most of them are just thankful they’ve still got a job”.

 

The End of Social Protection?

 

Taken together, the trends set out above may mark the beginning of the end of the state’s commitment to, and ability to deliver, social protection. What began as a neo-liberal policy turn to ‘better regulation’ then become turbo-charged under conditions of austerity, where the state claims that it cannot afford to enforce law, and where business must be left to generate recovery. The subsequent institutionalisation of non-enforcement of law sends a green light to business that its routine, systematic, widespread social violence is to be tolerated, allowing private business to externalise the costs of its activities onto workers, consumers, communities, the environment. It further diminishes the quality and longevity of lives of those with the least choice about where they live, what they do for a living or where they buy foodstuffs. And it adds a further dimension to our understanding of the multi-dimensional violence of austerity – even if the story documented in this article is one which attracts little or no political attention.  In short, we are witnessing in the UK the transformation of a system of regulation – a system of social protectionwhich has existed since the 1830s. And, despite its political framing, this is not a story about rules, regulations, nor red tape, nor about the demands of austerity. It is a story about social inequality and avoidable business-generated, state facilitated violence: that is, social murder.

 

Steve Tombs is a contributing author in ‘The Violence of Austerity’ where he writes on Undoing social protection. The book is available to buy from Pluto Press:

http://www.plutobooks.com/promo_thanks.asp?CID=AUSTERITYCOOPER

Austerity’s impact on rough sleeping and violence

Daniel McCulloch, The Open University

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Image source: Osvaldo Gago/Flickr, CC BY-SA 2.0

 

‘Rough sleeping’ or ‘street homelessness’ is often regarding as the most visible manifestation of poverty. Since the onset of austerity in 2010, the number of people estimated to be sleeping rough in England has increased year-on-year, with the number of people estimated to be sleeping rough in 2016 more than double the 2010 figure. There is strong evidence linking this increase to welfare reform, a cornerstone of the UK Government’s austerity measures.

People who sleep rough are up to 13 times more likely than the general population to experience violence. This violence takes physical, sexual, and verbal forms – with a recent Crisis report showing continuing high prevalence of violence in the lives of people sleeping rough. However, this isn’t the only way in which violence is felt by people sleeping rough, as these individuals also feel the full force of the state’s structural violence, in the form of suffering poorer health outcomes than the housed population, as well as suffering emotional and psychological trauma through statutory requirements to negotiate demeaning and excessively bureaucratic processes in order to gain access to basic services.

People who sleep rough use numerous strategies to deal with the violence they face, such as carrying a weapon for self-protection or sleeping in industrial bins to shelter – but both of these can lead to other, sometimes fatal, outcomes. One strategy often employed by those sleeping rough is to make use of local homelessness services. These services don’t always offer the perfect answer to the difficulties faced whilst homeless, but can provide basic amenities such as food, drink, washing facilities and social support. As such, they can be a vital, if sometimes imperfect, resource for homeless people.

 

However, austerity is exacerbating the violence faced by people sleeping rough, with wide-ranging impacts. These impacts are felt in various ways by people who are sleeping rough, with these individuals facing increased difficulties in moving out of homelessness, and some turning to harmful behaviours such as alcohol and drug use to deal with the effects of measures such as welfare reform. Cuts to services within and outside of the homelessness sector have exacerbated the difficulties faced by rough sleepers, with many vital support services finding it increasingly difficult to support individuals. Many of these services have seen reduced government funding and are increasingly stretched, facing little option but to ration their provision. Consequently, some individuals whose needs are too acute to be met by general services, but not severe enough to be met specialist services, are falling between the cracks in provision.

Recent proclamations by the UK Government of ‘investment’ in homelessness services do little to stem to impact of these cuts, instead masking the impact such cuts have had. In 2016, the Conservative Government announced a £115 million ‘investment’ into homelessness services, committing to delivering 2000 more bed spaces. However, this figure is less than half of the bed spaces lost in such services since 2010. The Government has also administered funding for specific types of provision, whilst reducing general levels of funding for homelessness services. Such a move allows the Government to exert greater control over which types of services receive funding. Thus, services faced increased pressure to conform to Government expectations in order to receive state funding, making it increasingly difficult for service providers to be critical of Government policy.

Thus, the Government’s austerity measures simultaneously serve to punish those sleeping rough, whilst allowing the Government to exert increasing control over the homelessness sector. Meanwhile, those on the streets feel the full force of this austerity programme, with the violence of austerity felt in the increased number of people subject to violence whilst sleeping rough; the violent impact of austerity measures such as welfare reform; and the removal of core funding streams from services who support those sleeping rough.

 

Daniel McCulloch is a contributing author in ‘The Violence of Austerity’ where he writes on Austerity’s impact on rough sleeping and violence. The book is available to buy from Pluto Press:

http://www.plutobooks.com/promo_thanks.asp?CID=AUSTERITYCOOPER

Asylum and austerity: a means to separate the ‘should haves’ and the ‘should have nots’

Victoria Canning, The Open University

 

When austerity erodes essential public services, it is easy to create categories of ‘should haves’ and ‘should have nots’. Alongside other migrant groups, people seeking asylum are increasingly seen as burdensome, to the detriment of their rights, dignity and civil liberties.

 

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The gradual erosion of welfare has long been a cilice forced onto those most dependent on financial support. Decisions made under the guise of austerity have taken that a step further, slicing through the very mantel of public services, not only those receiving benefits or care, but those giving them. Legal aid cuts have reduced the capacity for lawyers to provide free guidance, whilst the strain of cuts to the NHS renders healthcare staff stretched, stressed and well beyond safe working environments.

 

Alongside the creeping criminalisation of migration, the language of austerity has provided ample justification for reducing asylum rights in the UK. In times of particular financial hardship, it becomes ever easier for the state and the public to call for measures reducing support to people who are seen as ‘non-citizens’. In the aftermath of the global financial crisis, the cascading austerity cuts have been hard felt by people seeking asylum. Since 2010, individuals and families seeking asylum have faced reductions in legal aid, and now face ever more significant barriers accessing services for mental health problems, sexual violence counselling, or post-torture support. Since refugee groups often have disproportionately violent histories, these services are absolutely vital.

 

Austerity has, in reality, encouraged an environment that facilitates neglect and increased violence against people seeking asylum, amongst other migrant and non-white populations. When I started researching the British asylum system in 2008, at the beginning of the ‘crisis’, I could not have imagined that the social or economic landscape for people seeking asylum could get much worse. I found that the lack of access to interpreters impacted on the health of pregnant women and their children, sexual violence services were thinly stretched, and local foodbanks in Mosques and churches were commonplace. Support was minimal, but it was at least existent in some capacity.

 

Now, at the height of austerity and scores of interviews and thousands of hours of activist participation later, it is plain to see how the social, legal and economic conditions have rapidly evaporated. To echo the sentiments of a community mental health worker:

 

Five, six, seven years ago Liverpool had so many organisations supporting asylum seekers and probably that’s because there was a lot of funding available from government or local authorities or even trust funders.  Over the last two, three years things have changed, there isn’t a lot of money around, so a few other organisations have had to shut down their doors, they’ve had to streamline their services.

 

‘Streamlining their services’ suggests making services more focussed. In reality, it has basically meant that fewer specialised organisations exist, with central and local cuts – some of the most severe across the UK – adding further weight onto the few shoulders that are still available to carry it.  This is a key issue for women fleeing domestic violence who otherwise face the reality of daily abuse. As a councillor in the North-West of England put it:

 

In terms of women’s issues as refugee and asylum seekers they were just expected to be absorbed into the existing organisations but what people didn’t realise that the existing organisations were only working to a minimum capacity because of their funding. Now with austerity and the European Brexit and stuff like that, that’s beginning to look even worse, if you can imagine it to be any worse.

 

As I argue in The Violence of Austerity, and as advocacy and pressure groups such as Sisters Uncut and Safety 4 Sisters can attest, cuts to specialist services have the capacity to effectively facilitate deaths. If women cannot escape cycles of violence, gain access to refuges and receive emotional support – if they are depressed or feeling suicidal – some women will die. Such deaths are foreseeable when financial support is all but eradicated. Ignoring their potential has been a decision central to the agenda of austerity, not a by-product of it.

 

Deflecting responsibility on to those who least deserve it?

 

In a recent interview in Merseyside, a case worker for a refugee women’s service told me she felt that, ‘there has been definitely a concerted drive to divert attention away from the fact that there’s been less money provided, and put attention on stuff like, “Well who else could be using the services who doesn’t have as much right to the service as you?”’. In other words, rather than looking at those responsible for austerity, we are encouraged to look at those around us as potential threats to dwindling resources.

 

The reality of life in asylum has, however, long been more than arduous. Currently, people seeking asylum in Britain receive £36.95 per week in cash (£5.28 per day), but those who are awaiting asylum appeals receive £35.39 per week on a prepayment card. Considering that people seeking asylum received around £5 per day in 2008, at the beginning of the so-called ‘economic crisis’, and that inflation has increased on average 2.6 per cent each year since then, the end result of the infliction of such poverty is clearly foreseeable. Evidencing the harmful effects of this meagre entitlement, in 2014 Refugee Action found that:

 

Half of asylum-seekers surveyed couldn’t buy enough food to feed themselves or their families. [Our] research also found that 43 per cent of asylum-seekers miss a meal because they can’t afford to eat while a shocking 88 per cent don’t have enough money to buy clothes.

 

Over the past few months, I have spoken with women seeking asylum who are literally choosing between food and legal support payments. Cuts to support workers are devastating for people who can’t read English or who gain no advice, because it literally means not being able to access food or healthcare – even if they have the right to do so.

 

If there is one point to take away from a collection as hard hitting as The Violence of Austerity, it is that the decisions made in the aftermath of the so-called financial crisis were exactly that – decisions, made by some of the very people responsible for ensuring welfare and protection. They were not made by people seeking sanctuary – people requesting protection – who will likely feel the social and economic impacts of austerity for years to come.

 

Victoria Canning is a contributing author in ‘The Violence of Austerity’ where she writes on‘‘Multiple forms of violence in the asylum system’. The book is available to buy from Pluto Press:

http://www.plutobooks.com/promo_thanks.asp?CID=AUSTERITYCOOPER

Abolitionism in Question(s): Part Two

Deborah H. Drake and David Scott, The Open University

 

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  1. Can prison abolition work in large urban centres and inner cities with high crime rates and where ordinary people are fearful of being victimised?

Abolitionism is about building communities of inclusion and strengthening social bonds.  We are less likely to be fearful of ‘crime’ if we feel a sense of connection to our local communities.  Fear and insecurity around ‘crime’ are often closely tied to people feeling socially isolated.  Fear of victimisation is significantly decreased when there are strong local communities and support mechanisms for people to participate in community activities and opportunities to get to know their neighbours better.  Although measuring the relationships between communities ties and ‘fear of crime’ is complicated by other variables (most notably because social and economic inequalities often blight high crime areas sharpening tensions and conflict rather than fostering closer human connectedness) there is empirical evidence from Nordic Countries, which themselves are grounded more holistically in welfare policies and economies promoting social integration, indicating that stronger culture promoting the welfare of others and collective solidarity has a significant impact on both perceptions and recorded rates of ‘crime’.

 

  1. Isn’t it human nature to be self-interested and to take advantage of others? Don’t we need a tough and harsh criminal justice system to keep these natural human impulses under control? 

It is inaccurate to suggest that human beings are “naturally” interested mainly in themselves.  No person is an island and we are all social beings.  We cannot thrive without the help and support of other people.  Human nature and human survival is dependent on us being grounded in notions of mutual aid and collaboration and we may well have a natural or innate predilection to help and care for other people.  There are many historical and contemporary examples that can be drawn upon to indicate that human beings have a natural propensity to care and support people, sometimes even those that they do not know.  There are everyday examples of human beings helping others when they are in trouble, from small acts of kindness like offering advice on directions when someone is lost to attempts to rescue other unknown people when their lives are imperilled (with the classic example of given here of the people who in flimsy lifeboats in coastal towns across the UK would risk life and limb in treacherous waters to rescue survivors of ship wrecks).  There are also wonderful tales of hospitality to strangers when people have been dependent on others for guidance and assistance, most recently evidenced in the accounts of George Mahood or Peter Mortemor, whose travels  across the UK were dependent upon the generosity of the general public.

 

  1. Don’t we need criminal justice responses that morally condemn and punish those who have broken the law?

Blame and moral condemnation are based on the assumption that people should ‘get what they deserve’.  However, this idea often begins at the wrong starting point, that is, at the point when someone breaks the law.  But – for the sake of argument – if people really should get what they deserve, then how do we make sense of unjust and unequal societies where we do not all have the same choices and options?  We may well make choices, but often these choices are heavily constrained by limited options and we do not all live in circumstances of our choosing.  When we decide to lay the blame for a misdeed solely on the shoulders of an individual we fail to recognise the complex web of social, political and economic factors that may have also played a role.  Even philosophers of law who are strong advocates of prisons and punishment have acknowledged that it is impossible to achieve justice through the penal law in a structurally unequal society.

 

Davis

 

  1. Prison abolitionists only focus on traditional forms of crime, with identifiable offenders and victims – what about providing an appropriate symbolic response to harms with no obvious victims?

Abolitionism recognises that problems, troubles and harms exist – they step outside the normal boundaries and parameters of legal definitions of “crime” and think about the wider harms that come to people at the hands of states, corporations and – most importantly – the criminal justice system itself.  So abolitionism is very well suited to dealing with new problematics and wrongful conducts whatever their origin.  They also recognise that the symbolic message of punishment can be interpreted differently by different people.  The penal law has never proved very effective in sending a symbolic message to its intended audience of law breakers and this is likely to remain the same whatever the criminal activity in focus.

 

  1. Doesn’t prison abolitionism focus too heavily on individual, inter-personal crimes and ignore the structural issues that cause harm and violence – like gender, race, class inequality?

Abolitionism is a way of saying NO to certain responses to problematic and harmful events.  It calls us to beware of punishment and warn that it will not deliver justice.  Justice is a central concern of abolitionists, but they focus on the broader concept of ‘social justice’. They argue that there is an obligation to build a social structure that can meet the needs of all social members. Abolitionism calls for redress not just for individual and interpersonal harms but the harms generated by social injustice.  Abolitionists promote interventions that can help build pro-social attitudes and solidarity as well as calling for a much more equitable distribution of wealth.  The harms, violence and suffering of the prison are then situated within the structural violence of societies and abolitionists call for not only radical alternatives to the criminal process but also for radical alternatives to societies that systematically fail to meet human need.

 

  1. Don’t prison abolitionists just suggest alternative punishments rather than alternatives to punishment?

Abolitionists fundamentally question the rationale of prisons and punishment – they question all institutions and practices predicated on the deliberate infliction of pain.  They promote transformative rather than restorative justice – it is about transforming the lives of ‘victims’ and ‘offenders’ and of society as a whole.  Making changes might be difficult, but the intervention must be predicated upon principles where both the means and the end of the response to the problematic conduct are concerned with building respect, dignity and a more socially responsible society. Abolitionists have called for non-penal alternatives to punishment such as voluntary therapeutic communities and other intentional communities populated by lawbreakers and their families; places of sanctuary and refuge for both offenders and victims; mediation and conflict handling services; and the total reorientation of our response to ‘crime’ away from the offender and towards meeting the needs of victims.

 

  1. Is there any evidence that abolitionist alternatives are cheaper, more humane, or more effective?

Prisons are both exceptionally expensive and impersonal.  They do not and cannot establish an attachment with the law breaker.  Community solutions for many ‘crimes’ have been proven to be more effective and value for money.  Voluntary and community led interventions which have directly engaged with people in their own community have often proven to be the most effective of all (see for example Outside Chance, Liz Dronfield, 1981).  Because abolitionist alternatives are not grounded in the deliberate infliction of pain, inevitably they will be much more humane than any prison sentence could ever be.

 

  1. If societies did away with prisons, wouldn’t we lose legal safeguards that only the criminal law and the certainty of imprisonment can deliver?

Prisons are lawless institutions run often on personal authority and an imperfect application of rules.  Due process and following guidelines and rules are important.  It is significant that any alternative in place of the criminal process has appropriate oversight and accountability.  Alternatives require an awareness of the dignity and human rights of all parties, and a sensitivity to the ethic of care to ensure fairness and humane treatment.

 

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  1. It remains unclear what should happen if things go wrong – what happens when people don’t not wish to participate in mediation process, when the offender might be asked to give too much in mediation process, or power differentials between parties are entrenched?

No crime or harm is exactly the same as another.  The uniqueness of every fracture that occurs in society or in our relations with other people demand a unique response.  There needs to be a raft of alternatives rather than only just one (see this article for example).  The appropriate response needs to be negotiated with all the parties involved.  The needs of the individuals and the safety of victims, future victims and of perpetrators should be top priority.

 

  1. You say that there are a lot of alternatives available – but surely you have to match any suite of alternatives to the historical and political conditions of a given society? How could it ever work?

Alternatives need to be generated from the ground up in a given community and society.  Ideas from other places and cultures should be used as inspiration.  We need to adopt what works best within the social, political and economic conditions of any given society and not be bound by outdated or moralistic traditions.  Abolitionism is a step-by-step process.  Alternatives to the criminal process must be understood within the wider envelope of a commitment to social and transformative justice.   Alternatives mean building a society in which the conditions are suitable for a wide range of interventions that can handle troubles, conflicts and disputes of all kinds.

This is how we can properly protect the health and safety of workers

Phil James, Middlesex University

Steve Tombs, Open University

David Walters, Cardiff University

David Whyte, University of Liverpool

 

Too many workers and their families suffer from the failure of their employing organisations to provide safe and healthy working conditions. Injuries, acute and chronic ill-health and death occur all too frequently, also generating emotional and financial costs. Yet employing organisations are rarely held accountable for these outcomes. In fact, most of the associated costs are borne by those harmed and their families, and the taxpayer through the costs of paying benefits and providing health care.

It is also clear that the risks faced by workers vary not only in relation to the type of work they do but the basis on which they do it. Temporary workers and those deemed to be self-employed are, for example, significantly more likely suffer injuries. Indeed, while the self-employed constitute around 15% of employment, they account for 30% of workplace fatalities. Those working in SMEs have similarly been found to experience proportionally greater serious injuries and fatalities than those working in larger enterprises. Furthermore, evidence suggests that this in part stems from how large, powerful purchasing organisations can undermine health and safety standards in their (often smaller) suppliers through the price and delivery demands they impose.

To add insult to injury, current government policy, in failing to comply with relevant International Labour Organisation (ILO) requirements, exempts from inspection workplaces in which millions of workers earn their living through arbitrarily deeming them to be ‘low risk’. This means that some workers are more equal than others when it comes to the likelihood of their employer being held accountable for a failure to comply with their legal duties. Meanwhile, all employing organisations are operating under less and less external oversight: over the last decade the numbers of HSE and local authority inspectors have fallen by over a third, and all forms of enforcement action have declined dramatically – by 60% in the case of convictions relating to organisations in the local authority enforced sector.

None of this is either acceptable or inevitable. Changes to the current framework for regulating workplace health and safety could change the situation radically. All that is needed is a political will to take the necessary action.

IER

A think tank for the labour movement

The IER argues that such action, as a minimum, needs to include:

Equalising the application of statutory health and safety law by:

  • Amending the Health and Safety Act to impose its core duty to protect workers on to ‘businesses’ rather than employers and to make clear that it therefore covers any person whose work activities are influenced and directed by them;
  • Reinforcing this change by making clear that the duty covers all types of workers and applies to wherever they go, or are likely to go, while at work;
  • In some cases, further reinforcing it by imposing requirements on those at the head of supply chains in respect of the management of health and safety lower down them in sectors where this seems viable and necessary.

Re-introducing Sectoral Collective Bargaining                                                                  

The re-introduction of Sectoral Collective Bargaining (as advocated by the Manifesto on Labour Law and adopted by the Labour Party) where, in each industry, unions and employers negotiate a collective agreement binding on all employers and workers in the industry will not only set minimum pay, terms and conditions but will also:

  • impose new mechanisms for the appointment of workers’ safety reps with powers to inspect and, when necessary, stop the job;
  • access for trade union safety officers to inspect and, when necessary, stop the job;
  • the appointment of joint health and safety committees;
  • procedures for the introduction of new technologies and substances; and
  • a dispute resolution procedure to avoid or resolve many of the current issues for which there is no other alternative but court proceedings.

Enhancing the rights of workers to participate in health and safety matters via:

  • Providing that in the absence of a recognised trade union an appropriate non-recognised one has the right to appoint workplace health and safety representatives;
  • Giving unions the power to access workplaces in which they have members and to undertake inspections in them where there are reasonable grounds to believe that there is non-compliance with health and safety laws;
  • Empowering health and safety representatives to issue provisional improvement notices and to stop work they deem imminently dangerous;
  • Providing unions with the capacity to initiate private prosecutions;
  • Requiring businesses to consult all workers covered by the above core health and safety duty.

Creating a more rigorous regime of health and safety inspection by:

  • Ensuring inspection and enforcement regimes are ILO compliant;
  • Repealing current policies which prohibit unannounced inspections to low risk workplaces;
  • Considerably increasing the numbers of inspections carried out by HSE and local authority inspectors, including those undertaken on a random, rather than on (an alleged) ‘risk-based’ basis;
  • Providing government funding to recruit necessary inspectors to support an expansion of inspections and enforcement;
  • Abolishing the ‘primary authority scheme’ which allows large companies to avoid legal obligations.

Reclaim rights

Enhancing the penalising of illegal and criminal health and safety offences through:

  • Formulating an enforcement policy that places more emphasis on inspectors making use of their powers to issue enforcement notices and initiate prosecutions, including on indictment;
  • Undertaking regular monitoring – by the Department of Justice, the Sentencing Council for England and Wales and the Scottish Sentencing Council – to ensure that sentencing practices are compliant with existing sentencing guidelines;
  • Providing for these guidelines to be kept under review by a new, democratically constituted, standing body;
  • Establishing a new, discrete Unit within the Crown Prosecution Service solely responsible for considering cases of Corporate Manslaughter.

Improving the recompense ill and injured workers receive by:

  • Re-establishing the right of workers to seek compensation through civil actions for breach of statutory duty;
  • Introducing universal entitlements to sick pay that amounts to a substantial proportion of normal pay;
  • Imposing new duties on employing organisations in respect of the rehabilitation and return to work of ill and injured workers.

These policies build on the IER’s Manifesto for Labour Law

 

This blog was originally posted at http://www.ier.org.uk/blog/how-we-can-properly-protect-health-and-safety-workers on 26 May 2017

Government austerity demands that we die within our means

Victoria Cooper, The Open University

David Whyte, University of Liverpool

 

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Image source: Lee Davy/FlickrCC BY 2.0

 

As we move towards the general election, we are paralyzed by what is probably the biggest single issue affecting ordinary people in the country: austerity. We are unable to fully understand both the economic madness of austerity and the true scale of the human cost and death toll that ‘fiscal discipline’ has unleashed.

Since coming into power as Prime Minister, Theresa May has made a strategic decision not to use the word ‘austerity’. Instead she has adopted a more palatable language in a vain attempt to distance herself from the Cameron governments before her: “you call it austerity; I call it living within our means.”

The experience of countless thousands of people is precisely the opposite: people are actively prevented from living within their means and are cut off from their most basic entitlement to: housing, food, health care, social care and general protection from hardship. And people are dying as a result of these austerity effects. In February, Jeremy Corbyn made precisely this point when he observed the conclusions of one report that 30,000 people were dying unnecessarily every year because of the cuts to NHS and to local authority social care budgets.

But this is really only the tip of the iceberg. The scale of disruption felt by people at the sharp end of these benefit reforms is enormous.  Countless thousands of others have died prematurely following work capability assessments: approximately 10,000 according the government’s own figures. People are dying as a result of benefit sanction which has fatal impacts on existing health conditions, such as diabetes and heart disease.

Austerity is about dismantling social protection. The crisis we face in social care is precipitated by cuts to local authority funding.  In the first 5 years of austerity, local authority budgets were cut by 40%, amounting to an estimated £18bn in care provision.

A decade of cuts, when added up, also means that some key agencies that protect us, such as the Health and Safety Executive and the Environment Agency will have been decimated by up to 60% of funding cuts. Scaling back on an already paltry funding in these critical areas of regulation will lead to a rise in pollution related illness and disease and will fail to ensure people are safe at work.

The economic folly is that austerity will cost society more in the long term.  Local authorities are, for example, housing people in very expensive temporary accommodation because the government has disinvested in social housing.  The crisis in homelessness has paradoxically led to a £400 million rise in benefit payments.   The future costs of disinvesting in young people will be seismic.

Ending austerity would mean restoring our system of social protection and restoring the spending power of local authorities.  It would mean, as all the political parties except the Conservatives recognise, taxing the rich, not punishing the poor in order to pay for a problem that has its roots in a global financial system that enriched the elite. It would also mean recognizing that the best way to prevent the worsening violence of austerity and to rebuild the economy is to re-invest in public sector jobs.

In our book published this week, we bring together 31 leading authors to challenge this violent agenda. The book provides a comprehensive guide to the social violence that has been unleashed by austerity and shows, unequivocally, that austerity is not about ‘living within our means’ like some kind of fantasy household budget in Hampstead.  Austerity is designed to punish already disenfranchised populations, in targeted and violent ways.

Both the economic madness and the vicious cruelty of austerity have been almost written out of this election.   Come June, the next elected government has to produce a viable alternative strategy to austerity if it wants to reduce the death toll and properly protect its people.  No matter how the politics of Brexit or the politics of devolution and independence play out in the future, austerity is the key political issues that will shape the lives and deaths of the British people.

The Violence of Austerity, edited by Vickie Cooper and David Whyte, is published by Pluto Press.

 

This post was originally published by Open Democracy.

 

Over the next four weeks we will  publish a series of blogs by HERC authors included the new book ‘The Violence of Austerity.’  Vicky Canning, Dan McCulloch, Steve Tombs and Joanna Mack will each describe in detail how austerity is having profoundly violent impacts.  The book is available to buy from Pluto Press

http://www.plutobooks.com/promo_thanks.asp?CID=AUSTERITYCOOPER