Creating a Psychosis of Fear in the "War against Terror"

Workers' Daily Internet Edition: Article Index :

Queen’s Speech:
Creating a Psychosis of Fear in the "War against Terror"

Government's Plans on Reform to the Law of Manslaughter
TUC Comment on Queen's Speech
Amicus on the Announcement of a Corporate Manslaughter Bill in the Queen's Speech
New Corporate Manslaughter Law – CWU comment on Queen's Speech
Queen's Speech – GMB Response
Public and Commercial Services Union (PCS) Responds to the Queen's Speech
We Need Capacity Before Choice

Full Text of 2004 Queen's Speech
The Queen’s Speech on the Prorogation of Parliament

If we are to believe the government, the fight against terror and crime is central to society’s problems. To its already oppressive arsenal of draconian legislation, the government is adding "anti-social behaviour" legislation, plans for ID cards, and a Serious Organised Crime and Police Bill. The government lost no time in publishing this last Bill as proof of its intentions. A draft bill in the New Year will propose juryless trials, use of wiretap evidence in courts and civil orders for people suspected of "acts preparatory to terrorism".

Thus at a time when the occupation and aggression in Iraq to claim the country into the orbit of Anglo-US imperialism is slaughtering the Iraqi people, and the control of the monopolies of every pore of social life is destroying the social and economic fabric of Britain, and when the "elective dictatorship" of Tony Blair and his circle is exposing the fraudulence of parliamentary democracy and attempting to render working people impotent in controlling their lives, the government makes the issue one of the country’s security against terrorism and crime. Its legislative programme is predicated on the fraud that the domestic economy, the people’s health and education, are progressing in the right direction, that the war in Iraq is somehow "out there", and that Britain’s alliances with the US administration and the big powers of Europe is not putting it at loggerheads with the struggles of the world’s people for social and national liberation.

The arbitrary powers of the state to act to criminalise not only dissent but whole sections of society in the name of "law and order", of "security", of dealing with "anti-social behaviour", are being stepped up because "modern terrorism and crime cannot be defeated by traditional policing methods". Its stepping up of the anti-social offensive and handing over to the rich the wealth produced by the workers which has been appropriated by the Treasury is being presented as further facilitating the provision of "opportunity for all".

Following the Warwick Agreement in July, in which the leaders of the big trade unions were promised 56 concessions in return for delivering the workers votes to New Labour, the organised labour movement is being called upon to conciliate with this criminal programme of the Labour government.

Following the Queen’s Speech, the government has gone into overdrive to echo the Bush agenda, and to consolidate the psychosis of fear that this legislation is supposed to signal. People should support the government because they will be "safer", is what ministers are saying. This is the theory of "balance" between freedom on the one hand and security on the other taken to its extreme as a justification for attacking human rights and civil liberties.

The times cry out for disengagement from the ruinous competing in the global market, of stepped up opposition to the warmongering and intervention in Iraq, the Middle East and elsewhere, for a government which is against war, stands for the dignity of labour and invests in the well-being of the people through social programmes. But the Labour government is heading at a rapid pace in the opposite direction.

During New Labour’s first term, liberal illusions were shattered as the "Third Way" proved to be a programme encapsulating the interests of the monopolies and for keeping the working class and people marginalised. Labour’s second term heralded the sharp intensification of the anti-social offensive, of delivering social programmes to the rich, of aggression and war, and of the growing fascism of the state. Now Labour has set out its stall for a "radical" third term as it defends monopoly right to the hilt and the regimentation of the people behind this agenda.

The working class and people must reject and oppose this legislative programme utterly. They must step up their struggles for an independent pro-social, pro-worker programme and prepare to hit at the ruling elite in the coming election by strengthening their unity around candidates of the alternative, fighting for a political system which outlaws war, exercises dictate over the monopolies and puts the well-being of the people and their empowerment at the centre.

Centre for Corporate Accountability Comment on Queen's Speech

David Bergman, Director of the Centre for Corporate Accountability, said:

"We are pleased that the Government will soon be publishing a draft bill, but it should be noted that the Labour government first promised reform in October 1997 – and it was a manifesto commitment in March 2001. An apparent lack of Government commitment to reform has resulted, over the last couple of years, in a series of broken commitments to publish a draft bill. These delays now mean that legal reform appears dependent on the Labour Government winning the next election.

"When the Bill is published the key questions to consider will be:

•	will it only apply to companies or also to other employers including crown bodies? The CCA considers that it should apply to 'all employers'.
•	what will be the new legal test – and will it allow organisations to be prosecuted for causing death as a result of serious management failures without the need to prosecute an individual?
•	what impact will the new offence have upon directors? We are concerned that the government's proposals are unlikely to engage with increasing the accountability of company directors.
•	who will investigate and prosecute the offence? The CCA considers that it should remain the primary responsibility of the police and Crown prosecution Service.
•	what types of sentences will be available? The CCA considers that there should be sentences other than cash fines available to the courts, like corporate probation, corporate community services and adverse publicity orders."

Why reform is necessary
Companies can under the current law be prosecuted for manslaughter. So the offence of "corporate manslaughter" does exist in current law.

What the government is planning to do is to enact a new offence of "Corporate Killing". This would allow a company (or any other employing organisation) to be prosecuted for causing a death as a result of a very serious management failure on the part of the organisation.

In effect, the new offence will make it easier to prosecute a company or other employing organisation for a homicide offence.

The reason for the proposal is that it is difficult under existing criminal law to prosecute a company – particularly large companies for manslaughter. This is because the current legal test is whether or not there is sufficient evidence to prosecute a director or senior manager (the "controlling mind" of the company) for manslaughter (which requires evidence of "gross negligence"). If there is sufficient evidence, the company can be prosecuted. If there is not, the company cannot be. And the company will only be found guilty of manslaughter if the individual can be found guilty of manslaughter

The guilt of a company is therefore entirely dependent upon the guilt of an individual director or senior manager.

Large companies, which delegate safety decision to managers low down the hierarchy, can escape prosecution even though there may well be serious management failures in the company that caused the death.

This is why a new offence of "Corporate Killing" has been proposed.

Commenting on the announcement on Tuesday that there is to be a draft bill on corporate manslaughter, TUC General Secretary Brendan Barber said:

"After many years of waiting, we are pleased to see a draft bill on corporate manslaughter finally make it into the Queen's Speech. The proposed legislation will make life more difficult for the bosses who show scant regard for the health and safety of their employees and the public.

"But we are disappointed that the bill doesn't threaten individual directors with the ultimate sanction of a jail sentence, nor does it end crown immunity. The Government should be leading by example and we will continue to press ministers to change their minds on these crucial points."

Derek Simpson, General Secretary of Amicus, said:

"A draft bill represents serious slippage in terms of time – we had expected a corporate manslaughter bill in the Parliament just gone or at least before the election. We are also concerned about speculation that senior directors accountability will only extend to fines.

"We know that the threat of prosecution and imprisonment is the main incentive for companies to improve their health and safety standards. This is what was agreed to at Warwick and we will not stop until companies are made accountable for their actions that result in deaths or injuries at work."

Commenting on the announcement in Tuesday's Queen's Speech that there is to be a draft bill on corporate manslaughter, the National Health, Safety & Environment Officer of the Communication Workers Union (CWU) Dave Joyce said:

"Our Union amongst others including the TUC and CCA have been campaigning for the introduction of a new Corporate Manslaughter Law since 1997, when the Government first promised to introduce a new offence.

"After seven years of waiting, we're pleased to see a draft corporate manslaughter bill finally make it into the Queen's Speech. I hope that the proposed new legislation will have a profound impact on those Directors and Managers who fail to ensure the health and safety of the workforce and the public.

"However, I am very disappointed that the bill does not impose individual liability for the new offence either in a direct or contributory way upon individual Directors with the ultimate sanction of a jail sentence. I think the campaign goes on in this regard and we must continue to press Government Ministers to change their minds on this crucial point."

Dave Joyce added, "It is my view, that the Government must, alongside the new Corporate Manslaughter Law, immediately impose statutory safety duties upon Directors, as promised by the Deputy Prime Minister in 2000. Unless both these reforms are made, Company Directors will continue to escape accountability for 'manslaughter' and other serious safety failures where in all other respects they are seriously culpable."

Dave concluded, "The Government should have recognised that imposing positive safety duties on Directors and Managers is the only way to ensure real corporate responsibility and successful prosecutions."

(HSE) Health and Safety Statistics 2003/04 (Nov 2004)
The HSE reported 235 fatal injuries to workers in 2003-04, an increase of 4% on the 227 recorded in 2002-03. They also said the rate of fatal injury to workers increased in 2003-04 from 0.79 deaths per hundred thousand workers to 0.81 – an increase of 3%. The trend in both the number and rate of fatal injuries was generally downwards in the 1990s; however, there have been two rises since then, in 2000-01 and in 2003-04.

23 Nov 2004

GMB General Secretary Kevin Curran said:

"The GMB has been waiting for this year's Queen's Speech with trepidation. After the high hopes of the Warwick Agreements, we knew today would be a litmus test for Labour.

"With legislation announced on corporate manslaughter, albeit only in draft, and on Crossrail, the Government has shown it remains serious about honouring its 56 policy agreements from Warwick. We welcome these first steps in advance of an election.

"We also welcome legislation on child welfare and the extension of financial support for 16 to 19 year-olds in training and education, which will help to boost skills.

"Legislation to outlaw sharp practice in the consumer credit industry is another welcome step which should protect people on low incomes.

"The many thousands of people who are facing a threat to their financial security after retirement will be concerned that there was no mention of action on pensions in the speech. In light of the likely publication of the Pension Commission's report in the next year and the urgency of the problems facing the UK pensions sector, that is a glaring omission. With an election looming, and so many mature voters deciding how they will cast their vote, the Government must stop sitting on its hands.

"The GMB sees many benefits for working people coming from Britain's continued membership of the EU. So we welcome the announcement of the Constitution Treaty Bill, which will allow the issue of Europe to be discussed and decided, maturely, as a nation.

"GMB members remain to be convinced that the introduction of ID cards will bring the security and anti-fraud benefits that are claimed. Apart from the substantial cost, which we feel would be better spent on public services or pensions, we are concerned that ID cards may expose young people and people from black and minority ethnic backgrounds to unfair attention from authorities whose record on civil liberties is already questionable, under the guise of "routine checks". We will be pursuing these concerns with the Government."

"We welcome measures to tackle crime and antisocial behaviour, which will reassure GMB members at work and at home."

Responding to the Queen's Speech on November 23, the union warned that the government would be unable to put the bills announced today into practice due to job cuts in key areas.

Pointing to areas such as Ofsted, who announced today they were axing up to 800 jobs and the Department for Education and Skills (DfES), where a third of staff are being cut, the union questioned the ability of the government to meet it's ambition to raise standards and extend skills.

On the Serious Organised Crime Agency (SOCA) bill the union cautioned that the new agency would need to be given adequate resources for it to have teeth and that issues surrounding equal pay and terms and conditions for staff in the new agency would need to resolved to ensure motivated crime fighters.

On the formation of Her Majesty's Revenue and Customs (HMRC) through the merger of the Inland Revenue and Customs and Excise (HMRC), the union maintained that the merger shouldn't be an excuse for crude cost cutting and that access to services such as tax advice shouldn't be restricted.

On the Commission for Equality and Human Rights (CEHR) bill the union cast doubt on whether it would be allocated sufficient resources to carry out its functions. The union went on to warn that the law on equality needed to be harmonised to ensure the commission didn't become a wasted opportunity.

Commenting Mark Serwotka PCS general secretary said: "It is all well and good the government saying it is committed to raising standards and extending opportunities in skills in the Queen's Speech, yet on the same day announce up to 800 job loses in Ofsted, threatening standards and undermining the safety of children in early years. On top of that you have a third of the DfES being chopped and have to question whether the government's ambition can become a reality."

On the creation of SOCA and HMRC he added: "For SOCA to be effective it can't be done on the cheap and issues on pay, terms and conditions for staff will need to be resolved satisfactorily to ensure a motivated team of crime fighters. The creation of HMRC should not be an excuse for crude cost cutting and we would warn against any plans to close offices which would restrict the public's and small business's ability to access tax credits and tax advice."

On the formation of a single equality body he said: "We welcome the promise of effective enforcement powers for CEHR that this bill will bring but it needs sufficient resources and staffing if it is to be a success. The fear is that the creation of the CEHR without first harmonising the law on equality will prove to be a wasted opportunity."

Unison’s Response to the Queen’s Speech, November 23

Labour laid out its legislative agenda for the next 12 months in today's Queen's speech, likely to be the last before the next general election.

The fight against terror and crime were central as were plans for ID cards and tackling anti-social behaviour.

The speech contained six separate Home Office bills, with a further five, from other departments, including law and order elements.

"The government has set itself an impossibly heavy schedule if it is to deliver all the legislation outlined, before the expected Spring election," said Unison general secretary Dave Prentis. "My real worry is what may fall off the legislative agenda – it would be shameful if the long-overdue bill for corporate manslaughter, a commitment made to unions at Warwick, was not fast-tracked through this parliamentary session."

Prentis said the speech included the government's "new mantra of choice" but argued that capacity was more important.

"The government must concentrate on giving the electorate what it voted for – good local hospitals, schools and transport. These are the things that will win them the next election."

He also expressed concern over the introduction of ID cards, saying nurses and paramedics could be forced to act as gatekeepers to medical help and expected to ask for identification before they give treatment.

But there was also much to be pleased about, said Prentis.

"We welcome the wide range of commitments within the speech that should result in improvements to the lives of disabled people; high levels of employment as the welfare state is reformed; health and welfare; reform of mental health legislation; and considerable action on transport."

Key measures include:

1. ID cards
2. Creating Serious Organised Crime Agency
3. Drug tests for minor offenders
4. Offering schools more freedom
5. EU constitution referendum rules
6. Consumer Credit Bill – New rights for borrowers to contest unfair credit terms
7. Constitutional Reform Bill – creation of a supreme court, scrapping post of Lord Chancellor
8. Charities Bill – cutting red tape
9. Road Safety Bill – tougher penalties for drink drivers and dangerous drivers
10. Animal Welfare Bill – moves to protect circus animals and pets
11. Railways Bill – scrapping the strategic rail authority
12. Corporate manslaughter laws

The creation of a single Commission for Equality and Human Rights was of concern though, added Prentis.

"The new Commission would have to tackle discrimination and promote equality on grounds of race, sex, disability, sexual orientation, religion or belief and age – a huge challenge. Unison is against putting human rights in with equalities as it muddies the waters. They are two distinct issues requiring two very different responses." "We welcome the proposed extension to the meaning of disability within the Disability Bill and we will continue to campaign for a complete overhaul of the definition of a disabled person so all these changes can be enjoyed equally between disabled and non-disabled people. Making work, the public services and in particular transport accessible to disabled people will need considerable resources and we will continue to press the Government to make funding available for these much needed changes.

"Unison has called for irresponsible lending practices to be outlawed by government, so I am pleased to see it is taking action at last. Irresponsible lending and greedy banking practices have led to a great deal of heartache and worry to families and in some tragic cases have led to suicide. Our welfare service is dealing with an increasing number of people in serious debt with loans and credit cards making up the bulk of the debt, it's about time action was taken."

Here is the full text of the 2004 Queen's Speech:

My Lords and members of the House of Commons.

My Government will continue to pursue policies which entrench economic stability and promote growth and prosperity.

My Government will continue to reform the public services to ensure they provide more security and opportunity for all.

My Government attaches the highest importance to extending educational opportunity so that all individuals can realise their full potential and the country can benefit from the talents of all its people.

A Bill will be introduced to streamline the regime of school inspections to help raise standards for every child in every school.

A Bill will be introduced to extend financial support for 16 to 19-year-olds engaged in training and education.

My Government recognises that we live in a time of global uncertainty with an increased threat from international terrorism and organised crime. Measures to extend opportunity will be accompanied by legislation to increase security for all.

My Government will legislate to introduce an identity cards scheme, and will publish proposals to support the continuing fight against terrorism in the United Kingdom and elsewhere.

Legislation will be introduced to establish the Serious Organised Crime Agency, and the powers the police and others have to fight crime will be strengthened.

In particular, the Bill will introduce new measures to deal with harassment by animal rights extremists.

My Government will introduce legislation to tackle the problem of drug abuse and the crime that flows from it, and will tackle the disorder and violence that can arise from the abuse of alcohol.

My Government has always recognised the importance of clean and safe neighbourhoods. There will be further legislation to tackle anti-social behaviour.

A Bill will be introduced to help to reduce further the numbers of those killed or injured on the roads.

My Government will bring forward legislation to reduce re-offending by improving the management of offenders.

A draft Bill will be published to tackle juvenile crime through more effective rehabilitation and sentencing.

Legislation will be introduced to reform the criminal defence service, making better use of legal aid resources. A draft Bill will be published to support those with legitimate civil claims and reform the system of tribunals.

A draft Bill will be published to introduce a new offence of corporate manslaughter.

My Government will continue to take action to secure high levels of employment as it reforms the welfare state.

My Government will continue to provide protection from discrimination and exploitation.

Legislation will be introduced to combat discrimination in the provision of goods and services on the grounds of religion, as well as race, sex and disability. A single Commission for Equality and Human Rights will be established.

My Government will maintain its commitment to social justice and legislate to increase the rights of disabled people.

My Government will continue its reform of the National Health Service, offering more information, power and choice to patients, with equal access for all and free at the point of delivery.

My Government will continue with legislation to provide a statutory framework for dealing with the financial, health and welfare decisions of those people who might lack capacity through mental illness or disability.

Measures to reform the law on mental health will continue to undergo pre-legislative scrutiny.

My Government believes that the welfare of children is paramount. Draft legislation will be published to safeguard the welfare of children in circumstances of parental separation and inter-country adoption.

Consumer credit law will be updated to provide greater protection from unfair lending practices and create a fairer and more competitive credit market.

My Government will also introduce a Bill to improve standards of animal welfare and increase the penalties for abuse.

My Government will continue to modernise the constitution and institutions of our country to ensure they are equipped to meet the challenges of the future.

Legislation will be brought forward to provide a modern and comprehensive framework for statutory inquiries into matters of public concern.

My Government will continue to take forward in this session the constitutional legislation introduced last year.

A Bill will be introduced to give effect to the Constitutional Treaty for the European Union, subject to a referendum.

My Government is committed to reducing bureaucracy and the costs of Government, and to promoting efficiency. A Bill will be introduced to integrate the Inland Revenue and Her Majesty's Customs and Excise.

My Government recognises the importance of modern, effective and safe transport to meet the needs of the public and the wider economy.

Legislation will be introduced to streamline the organisation of the national rail system to improve performance.

A Bill will be brought forward to authorise the construction of Crossrail.

The Government will continue to legislate to allow local authorities to provide innovative and safe school transport.

My Government believes that the voluntary sector is a great strength of this country.

Charity law will be modernised so that a vibrant, diverse and independent charitable sector can continue to flourish with public confidence.

My Government will introduce legislation to consolidate the distribution of lottery money to good causes.

Proposals will be published to protect the nation's rural heritage, through draft legislation to modernise the management of common land, and to create new arrangements to deliver rural policy.

Members of the House of Commons. Estimates for the Public Services will be laid before you.

My Lords and members of the House of Commons.

My Government will continue to work closely with the devolved administrations in Scotland and Wales, and will work to bring about the conditions necessary for the restoration of the political institutions in Northern Ireland.

Legislation will be introduced to provide the Welsh Assembly with a range of transport related powers.

Other measures will be laid before you.

The Duke of Edinburgh and I look forward to our visit to Canada. We look forward to receiving the state visit of His Excellency the President of the Republic of Korea and receiving the state visit of His Excellency the President of Italy.

To mark the centenary of Norway's independence, we also look forward to receiving Their Majesties King Harald and Queen Sonja of Norway.

My Government will assume the Presidency of the European Union in July and will use this opportunity to work towards building an increasingly prosperous and secure Europe.

In addition to the European Union Presidency, my Government will hold the G8 Presidency in 2005, which will include working on the important issues of Africa and climate change.

My Government will continue to work with partners around the world to prevent terrorism and the proliferation of nuclear, chemical and biological weapons, and the problems of drug smuggling and international crime.

My Government will work to strengthen commitment on both sides of the Atlantic to the transatlantic relationship and to the continued effectiveness of the North Atlantic Treaty Organisation, and will work with the international community to strengthen the United Nations.

My Government will continue to support the Government of Iraq to provide security and stability and ensure that elections can be held in January.

My Government will continue to support efforts to build peace in the Middle East, to promote democratic reform and reduce conflict and extremism.

My Lords and members of the House of Commons.

I pray that the blessing of Almighty God may rest upon your counsels.

The Queen’s "Most Gracious Speech" was delivered to both Houses of Parliament on November 18, 2004, by the Lord High Chancellor, one of the Lord Commissioners. The text follows:

My Lords and Members of the House of Commons

My Government has taken action in support of economic stability and growth, and to deliver reform of the public services, increasing opportunity and social justice.

My Government is committed to delivering a world class education system to allow individuals to achieve their full potential. An Act has been passed to enable higher education institutions to secure the additional necessary funding and ensure fair access for all. My Government has brought forward a Bill to enable some local authorities to pilot new arrangements for school transport to extend provisions to cover more pupils.

An Act has been passed to provide all children born from September 2002 with a child trust fund, encouraging parents and children to save and ensuring that all children have a financial asset at 18.

Legislation has also been passed to protect pension scheme members if companies become insolvent, to encourage employers to provide good quality pensions and individuals to save effectively for retirement.

My Government has published a draft Bill to ensure comprehensive civil rights for disabled people.

In addition, legislation has been passed putting in place a range of measures to streamline the asylum and immigration system and tackle abuse.

My Government continues to make the reduction of crime and the fear of crime a priority, and to enhance security and protection.

An Act has been passed modernising the laws on domestic violence and establishing a Commissioner to support the interests of victims and witnesses.

A Children's Commissioner for England has also been established as part of legislation improving services to protect children.

Draft legislation has also been published on establishing a national identity card scheme.

Legislation has been passed creating a long-term foundation for civil contingency planning in the UK, improving the basis for preparations at a local level and modernising the emergency powers framework.

An Act has been passed to ensure the fire and rescue services can respond effectively to the changing demands they face.

Members of the House of Commons

I thank you for the provision you have made for the work and dignity of the Crown and for the public service.

My Lords and Members of the House of Commons

My Government remains committed to working closely with the political parties and the Irish Government to see an end to all forms of paramilitary activity and to restore as soon as possible a stable and inclusive partnership government in Northern Ireland. An Act has been passed establishing a Northern Ireland Judicial Appointments Commission.

My Government continues to work closely with the devolved administrations in Scotland and Wales. Acts have been passed to retain the current number of members in the Scottish Parliament and to establish a single public audit body for Wales. A Bill to provide the National Assembly for Wales with a range of transport-related powers has been published in draft.

My Government continues to take forward a programme of constitutional reform.

Legislation has been passed to improve traffic flow and manage road works more effectively.

An Act has been passed to establish a Nuclear Decommissioning Authority and to promote secure and sustainable energy supplies.

Legislation has been passed to help create a fairer housing market and protect the most vulnerable, and to make the planning system fairer and faster with greater community participation.

In addition, legislation has been passed implementing the Government's review of the Employment Relations Act 1999, and to improve company law by strengthening accounting, audit and inspection arrangements removing barriers to recruiting directors and creating Community Interest Companies to enable social enterprises to meet the needs of their communities in new and innovative ways.

My Government has brought forward draft legislation on a number of other matters including animal welfare, charities and mental health.

Other important measures have been enacted.

My Lords and Members of the House of Commons

The Duke of Edinburgh and I were pleased to pay a state visit to Nigeria in December and attend the Commonwealth Heads of Government meeting. We were pleased to receive the state visit of His Excellency the President of Poland in May, and to pay a state visit to Germany earlier this month. We were also pleased to mark the centenary of the Entente Cordiale with a state visit to France in April and will receive His Excellency the President of France this week.