Category Archives: Law

The #DPP Lady shows the LAW is not “a ass”

alison-saunders1

The Director of Public Prosecutions, Alison Saunders, is quite right in having decided NOT to prosecute Lord Janner for alleged child abuse. Her reasons and rationale are to be found here: http://blog.cps.gov.uk/2015/04/the-decision-not-to-prosecute-lord-janner-statement-from-the-dpp.html

Although her reasons not to prosecute are (quite rightly)  based in law, there is also the question of compassion…..something definitely not afforded the hundreds of  children who have been abused over the years. However, compassion must never be confused with forgiveness and we must also remember that Greville Janner has never been convicted of child abuse.

Needless to say, this will be a great disappointment to his accusers as well as their families. His family must also be disappointed that he will go to his grave with accusations hanging over him without having had the opportunity to prove his innocence.

However, an old man who possibly may no longer understand either his alleged crimes or even a long legal process and whose medical condition definitely means that he is not a danger to society is certainly not an ideal subject for prosecution.

Janner has not “got away with it” as have many able-bodied and fully compos mentis individuals, who are doubtless still stalking Establishment corridors. His life is over – guilty or not.

Meanwhile a big “up” to Ms Saunders for taking the difficult decision, although she would do society as well as disappointed victims an immeasurable favour if her department and the police fast-tracked some of the many other files on their desks.

Government Debt: “We’re all in this together.”

Never mind all that “Debt as a percentage of GDP” nonsense. Here’s a picture of government debt on a simple picture, courtesy of ukpublicspending.co.uk.

It is OUT OF CONTROL.

All steep graphs are scary, no matter which way they’re pointing. Make no mistake, the above graph is so scary and the Chancellor is running out of options so fast, that we are about to reach a very significant and critical moment in Britain’s social and economic history.

Because Chancellor Gideon has well-and-truly painted himself into a corner and is greedy for cash, he will soon become like a schoolkid with his nose pressed up against the sweet-shop window. But what will he be looking at? Surely, there’s nothing left to plunder.

Currently, our savings are languishing in banks, gradually losing their value. Investment rates are lower than inflation and currently it seems as if the differential will continue to increase. THAT will erode our savings at an accelerated rate.

Dormant bank savings accounts have already been looted in order to fund one of the Chancellor’s rapidly growing array of “schemes” to stimulate the economy. On this occasion, the booty (up to £400 MILLION) will be destined for the Big Society Bank (remember?) which has now been rebranded BIG SOCIETY CAPITAL (BSC). Forty percent of  BSC shares are owned by Barclays, HSBC, Lloyds Banking Group and RBS (They are preference shares which means that in the event of a collapse, the banks will have preference over other shareholders).

So what could the Chancellor and the banks be planning next? What happened in Cyprus ought to give us a clue.

As a country, we are not spending enough. One way to encourage us to spend would be to threaten our savings either by way of a levy (tax) or seizure.

You may be thinking “Yes, but surely, our savings are protected?” Yes, they are. The capital is protected  but our cash is not protected against taxes.

Within four to five years, the government will have to find about £70 BILLION per year JUST in order to fund the interest payments on the money it owes. So where will it find the money?

It is there somewhere. Here’s a clue:

The richest 1% of our population, many of whom famously squirrel away  their cash offshore, won’t be affected and neither will the large corporations  – they pay tax when they want to plus they are also lucky enough to be able to decide how much to pay.

That leaves the ordinary Saver and Depositor.

The only thing that the government needs to decide is how to present the raid on our money so as to disguise what essentially will be a tax. There are several ways in which the exercise can be delivered.

For instance, a Cyprus-like levy. Simple and straightforward.

There may be some sort of government share-offer, designed to relieve us of our cash or even a mandatory Government Bond which those with a certain level of savings will be bound to purchase.

I would suspect that even Pension Funds are no longer safe.

But the really scary thing is that because this will be a concerted and choreographed international assault by governments and banks, there will be nowhere to run.

We are well and truly “All in this together”………well….most of us.

Gideon and the Welfare State.

This is what Chancellor Gideon said about Mick Philpott, the scumbag who killed his own children through an act of gross stupidity:

“Philpott is responsible for these absolutely horrendous crimes and these are crimes that have shocked the nation. The courts are responsible for sentencing, but I think there is a question for government and for society about the Welfare State and the taxpayers who pay for the Welfare State, subsidising lifestyles like that. I think that debate needs to be had.”

These ill-conceived words from an ill-conceived Chancellor have sparked a debate because of the link made between the crime and the Welfare State. Let’s test Osborne’s opinion with a small substitution:

Shipman is responsible for these absolutely horrendous crimes and these are crimes that have shocked the nation. The courts are responsible for sentencing, but I think there is a question for government and for society about the NHS and the taxpayers who pay for the NHS, subsidising lifestyles like that. I think that debate needs to be had.”

It doesn’t work, does it?

Philpott is the product of an upbringing, a  British education, a social environment, a learned set of values and generations of genetic programming.

Juxtaposing the Welfare State and Philpott’s crime was yet another “bad call” in a long list of bad calls by the Chancellor.

The Genesis of the United Kingdom’s Welfare State is to be found in the Liberal Welfare Reforms of 1906-1914, under Liberal Prime Minister Herbert Asquith.

Surely, Gideon and Dave aren’t going to blame the Libdems for this one too, are they !?

Barclays out of CONTROL?

A few years ago, I moved away from teaching and coaching the “soft” skills of management and have been concentrating much more on the “hard” skills.

One of the hard skills of management, which everyone running a department or process should know,  is one which appears to be missing in MOST businesses. It is the art of Business Control.

It is very straightforward: POPS.

POPS is a very simple but effective method of structured management thinking.

If the POLICY, ORGANISATION, PROCEDURES, SUPERVISION Business Controls had been applied to the Banking Industry, we would never have had a financial crisis.

“POLICY” is the high-level control and is the responsibility of the Board and Senior Management. They not-only put together the Policy but their duty is to ensure that everything which happens within the organisation is in keeping with Company Policy.

For instance, if  traders fiddle with interest rates and interest rates have been fiddled-with for years without anyone being brought to book – they may be forgiven for assuming that fiddling with interest rates is part of the bank’s Policy and culture.

“ORGANISATION” is about the people. Are the right people doing a particular job? Have they been trained? Have they been communicated with? Do they know what they can and cannot do? Is there a good Management Structure which can report up to Board level?

“PROCEDURES”  : For instance, is a trade or block of trades recorded and checked? Are there “snap” checks and audits designed to check that company Procedures are being adhered to.

SUPERVISION is a day-to-day control (so is the Procedures Control).  This control is the responsibility of the “one-up” manager. The one who is there not the one at meetings. Very often , things happen without day-to-day supervision. For instance, if a trader makes a few dodgy deals, a good manager’s responsibility is to (at least) make the trader know that he could be caught.

Here’s an example of how a thorough Management Audit which looks at specific Business Controls can unearth the REAL cause of an issue. It is also surprising how many breakdowns and corporate crises are the result of a bad or non-existent high-level POLICY control.

In 1987, the car-ferry, The Herald of Free Enterprise sank in Zeebrugge Harbour and 193 people died. There appeared to be a very simple explanation for the “accident”.   The loading doors at the front of the boat (through which cars entered the boat) had been left open.

However, a proper structured  investigation  designed to identify the Root Cause of the disaster was needed.

The doors were left open because one man was asleep when he should have pressed the button to close the doors. Therefore, the PROCEDURES control had broken down. The procedure was that when the boat was about to move, a button would be pressed on the bridge. That would trigger the man to press the button to close the doors.

The direct SUPERVISION control was  was non-existent because the man who should have pressed the button was managed by a senior man who was only in charge of ferry car-parking and not door-closing.

In addition, there was no PROCEDURE for anyone to confirm to the bridge whether the doors were closed or not. It was assumed that once the “close the doors”  button had been pressed, that the doors were closed.

The ORGANISATION control is about the people involved in the process. In this case, the organisation consisted of just ONE lowly manual worker who, on this occasion, was asleep. The  First Officer who pressed his button, immediately assumed that once he had pressed it, his job was over.

The last Control is the highest-level  – POLICY. This control is administered right at the top of an organisation –  by the Senior Management and the Board of Directors.

One may be forgiven for thinking that there is absolutely no way that such a high-level control could possibly have anything at all to do with someone forgetting to close the loading-doors on a ferry.

However, the Root Cause of the Herald Of Free Enterprise disaster WAS a breakdown in the POLICY control.

The Company’s POLICY was to turn the ferry around in 15 minutes.

Consequently, the man who should have pushed the button was tired because he had not slept properly for two days and was already asleep when the boat had docked.

As is often the case, the ultimate responsibility for the sinking belonged to the management.

Today, Barclays banks has a very similar situation in respect of its traders who are alleged to have manipulated LIBOR for purposes of profit!

Was there proper SUPERVISION? Were PROCEDURES in place to guard against improper behaviour? Was the ORGANISATION right? Were the traders only (as far as they understood) acting within Barclays’  POLICY? Did Barclays have a “SELL, SELL, SELL!!!” Policy which encouraged short-cuts and cheating?

A measured, thought-through approach is needed.

The reaction by the media and politicians already suggests that instead, there will be a free-for-all, accusatory, disorganised  non-process, preceded by the customary witch-hunt and a Lawyer Benefit in the shape of an inquiry.

What is REALLY NEEDED is a Management Audit delivered by a team of sceptics NOT PAID FOR by Barclays.

That is to say –NOT Pricewaterhouse Coopers and certainly NOT those Muppets at the Financial Services Authority.

There may be trouble ahead….

In my predictions for 2011, I suggested riots and civil unrest. Many said that I was being too pessimistic but Italy, Greece , Portugal and the United Kingdom have clearly shown that civil dissidence is on the increase. Tents may be pulled down, arrests can be made  and demonstrators dismissed as “trouble makers” but the mind-set cannot be destroyed – just look at the current goings-on in Egypt.  Potentially 2012 could become the MOST crucially important year in world history. It could be THE year of change but also the year of homelessness, poverty, hunger, civil unrest, violence, crime and martial law .

THAT’S where both Europe and the United States of America are  currently headed, unless the politicians act NOW.

Both the unemployed as well as the  overstretched taxpayers will join forces and destroy governments during 2012. It is not something that anyone really wants to either think or talk about  but the sad fact is that ALL the components for a nightmare scenario are already in place with citizens EVERYWHERE moving towards a militant mindset. Politicians would do well to take note.

Meanwhile in Europe, politicians within the Eurozone are once again sitting back and observing the Greek, Italian and Spanish regime changes, in the vain hope that a simple change of administration will somehow have an effect on tumbling markets and crumbling economies.  The Americans appear to be in denial as well as out of leadership and ideas.

The only possible explanation for the politicians’ intransigence is that there has already been an acceptance of catastrophe and that the only device remaining is damage limitation after the event.

Riot Overkill

Looking at the increasingly worrying sentencing discrepancies, it looks as if Judges are sentencing people NOT for the mainly minor offences committed but for the fact that people participated in  rioting.  Opportunist pilferers should NOT be treated as harshly as those who torched buildings, vandalised or killed.

What is currently occurring is NOT justice – it is retribution.

That does NOT belong in the once fiercely independent British Judicial system.

They are acting like Cameron’s lackeys.

Long sentence!

A Southampton 18 year-old who set up a Facebook page which appeared to incite people to riot was kept in custody overnight  and then released without charge.

That does not compare well with the two morons who were handed down sentences of FOUR YEARS each in Chester for doing exactly the same thing. Although judges are only given sentencing guidelines, there is far too much variation in sentencing. THAT will generate appeals and once again, we have a multi-million Lawyer Benefit on the horizon.