Children and Families Act 2014

I am very humbled to announce that my original article on this topic has now had to be removed as it has been published by The Lawyer magazine.
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Thank you so much to each one of you 1800 readers I could not have done this without you.

Kelly Thornton

Transatlantic Trade deal: A global union or a constitutional nightmare?

The Transatlantic trade deal: what is it?

The purpose of the Transatlantic Trade and Investment Partnership (TTIP) is a deal which will enable the US and EU to remove their regulatory differences. Prima facie, this seems like a great idea and a good way to create a more global and free market however with the shock statement from Lord Livingstone yesterday saying that this deal will include the NHS it seems the deal will do more damage than good.

For more information on what the TTIP is please see:  http://www.independent.co.uk/voices/comment/what-is-ttip-and-six-reasons-why-the-answer-should-scare-you-9779688.html

Image source: http://www.nwoo.org/2014/06/21/us-velvyslanectvi-v-nemecku-da-20-000-usd-na-ttip-propagandu/

The issue

The problem with the TTIP is it will provide businesses with the power to sue governments whom defending their citizens.  Many legal theorists and lawyers take issue with the TTIP because It would allow a secretive panel of corporate lawyers to overrule the will of parliament and destroy our legal protections. This goes against the key principle of the UK's constitution: Parliamentary Sovereignty.

The mechanism through  all this will happen is known as investor-state dispute settlement. The shocking news is that this settlement is already being used in many parts of the world to destroy regulations protecting people and the planet. Investor-state dispute rules found in in trade treaties allow companies to sue the countries that signed the treaties. Worryingly the rules are enforced by panels which are not safe-guarded, the hearings are  secret and the judges are corporate lawyers, many of whom work for companies of the kind whose cases they hear. This is all gobsmackingly unconstitutional and the defenders of fair trials and human rights are up in arms about it. Secret hearings limit the public's right to see current cases published and this risks clouding the Rule of Law and creating a less transparent and unjust legal system here in the UK. The idea that some of the judges may be biased means that the defendants will never be guaranteed a fair trial, a human right under the HRA 1998 s 6. Worst still is the fact that this entire system is not subject to appeal as citizens and communities affected by their decisions have no locus standi.

For more information surrounding the debate about the Investor- state dispute settlement please see this great opinion piece in the Washington Post http://www.washingtonpost.com/opinions/debating-the-investor-state-dispute-settlement/2014/10/05/2c2477ec-4b15-11e4-a4bf-794ab74e90f0_story.html

The NHS

The big worry surrounding the TTIP is that it could lead to the NHS being bought by a big commercial player and there is nothing that we can do to prevent this.  It will give big business vast new powers over public services which could see our human rights breached and environmental protection rules disregarded. 

For a more detailed analysis of the threat to the NHS please see: http://www.theguardian.com/business/2014/sep/07/trade-unions-trade-deal-threat-to-nhs

Conclusion 

The conservatives have been  made aware of the opposition to the TTIP and suggest that it will benefit the UK by £10bn but statistics also show that 1m jobs will be lost in the EU. The conservatives are trying to kill off the opposition by insisting that those opposing the TTIP  are simply anti-american and that this is too good an opportunity to miss as it could mean we sell our NHS services to the US. However, this is only one side of the picture on the other thousands if not millions of jobs will be lost, big public authorities could be nationalised and our constitution faces a future in tatters. There is huge outcry for a referendum on this issue. However, despite the TTIP being a constitutional nightmare it is unlike to result in a referendum come as it seems Mr Cameron has made up his mind.