Tag Archives: The Independent

When the trust is gone

In an age where we see an abundance of political issues, an overgrowing need to sort things out, the news that was given visibility by the Guardian is the one that scared and scarred me the most. With ‘Lack of trust in health department could derail blood contamination inquiry‘ (at https://www.theguardian.com/society/2017/jul/19/lack-of-trust-in-health-department-could-derail-blood-contamination-inquiry), we need to hold in the first stage a very different sitting in the House of Lords. You see, the issues (as I am about to explain them), did not start overnight. In this I am implying that a sitting with in the dock Jeremy Hunt, Andrew Lansley, Andy Burham and Alan Johnson is required. This is an issue that has grown from both sides of the Isle and as such there needs to be a grilling where certain people are likely to get burned for sure. How bad? That needs to be ascertained and it needs to be done as per immediate. When you see “The contamination took place in the 1970s and 80s, and the government started paying those affected more than 25 years ago” the UK is about to get a fallout of a very different nature. We agree that this is the term that was with Richard Crossman, Sir Keith Joseph, Barbara Castle, David Ennals, Patrick Jenkin, Norman Fowler, and John Moore. Yet in that instance we need to realise that this was in an age that was pre computers, pre certain data considerations and a whole league of other measures that are common place at this very instance. I remember how I aided departments with an automated document system, relying on 5.25″ floppy’s, with the capability that was less than Wordstar or PC-Write had ever offered. And none of those systems had any reliable data storage options.

The System/36 was flexible and powerful for its time:

  • It allowed 80 monitors (see below for IBM’s description of a monitor) and printers to be connected. All users could access the system’s hard drive or any printer.
  • It provided password security and resource security, allowing control over who was allowed to access any program or file.
  • Devices could be as far as a mile from the system unit.
  • Users could dial into a System/36 from anywhere in the world and get a 9600 baud connection (which was very fast in the 1980s) and very responsive for connections which used only screen text and no graphics.
  • It allowed the creation of databases of very large size. It supported up to about 8 million records, and the largest 5360 with four hard drives in its extended cabinet could hold 1.453 gigabytes.
  • The S/36 was regarded as “bulletproof” for its ability to run many months between reboots (IPLs).

Now, why am I going to this specific system, as the precise issues were not yet known? You see in those days, any serious level of data competency was pretty much limited to IBM, at that time Hewlett Packard was not yet to the level it became 4 years later and the Digital Equipment Corporation (DEC) who revolutionised systems with VAX/VMS and it became the foundation, or better stated true relational database foundations were added through Oracle Rdb (1984), which would actually revolutionise levels of data collection.

Now, we get two separate quotes (not from the article) “Dr Jeremy Bradshaw Smith at Ottery St Mary health centre, which, in 1975, became the first paperless computerised general practice“, as well as “It is not developed or intended for use in any inherently dangerous applications, including applications that may create a risk of personal injury. If you use this software or hardware in dangerous applications, then you shall be responsible to take all appropriate fail-safe, backup, redundancy, and other measures to ensure its safe use“, the second one comes from the Oracle Rdb SQL Reference manual. The second part seems a bit of a stretch; consider the original setting of this. When we see Oracle’s setting of data integrity, consider the elements given (over time) that are now commonplace.

System and object privileges control access to application tables and system commands, so that only authorized users can change data.

  • Referential integrity is the ability to maintain valid relationships between values in the database, according to rules that have been defined.
  • A database must be protected against viruses designed to corrupt the data.

I left one element out for the mere logical reasons.

now, in those days, the hierarchy of supervisors and system owners was nowhere near what it is now (and often nowhere to be seen), referential integrity was a mere concept and data viruses were mostly academic, that is until we get a small presentation by Ralf Burger in 1986. It was in the days of the Chaos Computer Club and my trusty CBM-64.

These elements are to show you that data integrity existed in academic purposes, yet the designers who were in their data infancy often enough had no real concept of rollback data events, some would only be designed too long later, and in all this, the application of databases to the extent that was needed. It would not be until 1982 when dBase II came to the PC market from the founding fathers of what would later be known as Ashton-Tate, George Tate and Hal Lashlee would create a wave that would get us dBase III and with the creation of Clipper by the Nantucket Corporation, which would give a massive rise to database creations as well as the growth of data products that had never been seen before, as well as being the player that in the end propelled data quality towards the state it is nowadays. In this product databases did not just grow with the network abilities within this product nearly any final year IT person could have its portfolio of clients all with custom based products all data based. Within 2-3 years (which gets us to 1989), a whole league of data quality, data cleaning and data integrity base issues would surface for millions of places, all requiring solutions. It is my personal conviction that this was the point where data became adult, where data cleaning, data rollback as well as data integrity checks became actual issues that were seriously dealt with. So, here in 1989 we are finally confronted with the adult data issues that for the longest of times were only correctly understood by more than a few niche people who were often enough disregarded (I know that for certain because I was one of them).

So the essential events that could have prevented only to some degree the events we see in the Guardian with “survivors initially welcomed the announcement, while expressing frustration that the decades-long wait for answers had been too long. The contamination took place in the 1970s and 80s“, certain elements would not come into existence until a decade later.

So when we see “Liz Carroll, chief executive of the Haemophilia Society, wrote to May on Wednesday saying the department must not be involved in setting the remit and powers of an inquiry investigating its ministers and officials. She also highlighted the fact that key campaigners and individuals affected by the scandal had not been invited to the meeting“, I am not debating or opposing her in what could be a valid approach, I am merely stating that to comprehend the issues, the House of Lords needs to take the pulse of events and the taken steps forward from the Ministers who have been involved in the last 10 years.

When we see “We and our members universally reject meeting with the Department of Health as they are an implicated party. We do not believe that the DH should be allowed to direct or have any involvement into an investigation into themselves, other than giving evidence. The handling of this inquiry must be immediately transferred elsewhere“, we see a valid argument given, yet when we would receive testimonies from people, like the ministers in those days, how many would be aware and comprehend the data issues that were not even decently comprehended in those days? Because these data issues are clearly part of all of these events, they will become clear towards the end of the article.

Now, be aware, I am not giving some kind of a free pass, or give rise that those who got the bad blood should be trivialised or ignored or even set to a side track, I am merely calling for a good and clear path that allows for complete comprehension and for the subsequent need of actual prevention. You see, what happens today might be better, yet can we prevent this from ever happening again? In this I have to make a side step to a non-journalistic source, we see (at https://www.factor8scandal.uk/about-factor/), “It is often misreported that these treatments were “Blood Transfusions”. Not True. Factor was a processed pharmaceutical product (pictured)“, so when I see the Guardian making the same bloody mistake, as shown in the article, we see and should ask certain parties how they could remain in that same stance of utter criminal negligence (as I personally see it), but giving rise to intentional misrepresentation. When we see the quote (source: the Express) “Now, in the face of overwhelming evidence presented by Andy Burnham last month, Theresa May has still not ordered an inquiry into the culture, practice and ethics of the Department of Health in dealing with this human tragedy” with the added realisation that we have to face that the actual culprit was not merely data, yet the existence of the cause through Factor VIII is not even mentioned, the Guardian steered clear via the quote “A recent parliamentary report found around 7,500 patients were infected by imported blood products from commercial organisations in the US” and in addition the quote “The UK Public Health Minister, Caroline Flint, has said: “We are aware that during the 1970s and 80s blood products were sourced from US prisoners” and the UK Haemophilia Society has called for a Public Inquiry. The UK Government maintains that the Government of the day had acted in good faith and without the blood products many patients would have died. In a letter to Lord Jenkin of Roding the Chief Executive of the National Health Service (NHS) informed Lord Jenkin that most files on contaminated NHS blood products which infected people with HIV and hepatitis C had unfortunately been destroyed ‘in error’. Fortunately, copies that were taken by legal entities in the UK at the time of previous litigation may mean the documentation can be retrieved and consequently assessed“, the sources the Express and the New York Times, we see for example the quote “Cutter Biological, introduced its safer medicine in late February 1984 as evidence mounted that the earlier version was infecting hemophiliacs with H.I.V. Yet for over a year, the company continued to sell the old medicine overseas, prompting a United States regulator to accuse Cutter of breaking its promise to stop selling the product” with the additional “Cutter officials were trying to avoid being stuck with large stores of a product that was proving increasingly unmarketable in the United States and Europe“, so how often did we see the mention of ‘Cutter Biological‘ (or Bayer pharmaceuticals for that matter)?

In the entire Arkansas Prison part we see that there are connections to cases of criminal negligence in Canada 2006 (where Canadian Red Cross fell on their sword), Japan 2007 as well as the visibility of the entire issue at Slamdance 2005, so as we see the rise of inquiries, how many have truly investigated the links between these people and how the connection to Bayer pharmaceuticals kept them out of harm’s way for the longest of times? How many people at Cutter Biological have not merely been investigated, but also indicted for murder? When we get ‘trying to avoid being stuck with large stores of a non-sellable product‘ we get the proven issue of intent. Because there are no recall and destroy actions, were there?

Even as we see a batch of sources giving us parts in this year, the entire visibility from 2005-2017 shows that the media has given no, or at best dubious visibility in all this, even yesterday’s article at the Guardian shows the continuation of bad visibility with the blood packs. So when we look (at http://www.kpbs.org/news/2011/aug/04/bad-blood-cautionary-tale/), and see the August 2011 part with “This “miracle” product was considered so beneficial that it was approved by the FDA despite known risks of viral contamination, including the near-certainty of infection with hepatitis“, we wonder how the wonder drug got to be or remain on the market. Now, there is a fair defence that some issues would be unknown or even untested to some degree, yet the ‘the near-certainty of infection with hepatitis‘ should give rise to all kinds of questions and it is not the first time that the FDA is seen to approve bad medication, which gives rise to the question why they are allowed to be the cartel of approval as big bucks is the gateway through their door. When we consider the additional quote of “By the time the medication was pulled from the market in 1985, 10,000 hemophiliacs had been infected with HIV, and 15,000 with hepatitis C; causing the worst medical disaster in U.S. history“, how come that it took 6 years for this to get decent amounts of traction within the UK government.

What happened to all that data?

You see, this is not merely about the events, I believe that if any old systems (a very unlikely reality) could be retrieved, how long would it take for digital forensics to find in the erased (not overwritten) records to show that certain matters could have been found in these very early records? Especially when we consider the infancy of data integrity and data cleaning, what other evidence could have surfaced? In all this, no matter how we dig in places like the BBC and other places, we see a massive lack of visibility on Bayer Pharmaceuticals. So when we look (at http://pharma.bayer.com/en/innovation-partnering/research-focus/hemophilia/), we might accept that the product has been corrected, yet their own site gives us “the missing clotting factor is replaced by a ‘recombinant factor’, which is manufactured using genetically modified mammalian cells. When administered intravenously, the recombinant factor helps to stop acute bleeding at an early stage or may prevent it altogether by regular prophylaxis. The recombinant factor VIII developed by Bayer for treating hemophilia A was one of the first products of its kind. It was launched in 1993“, so was this solution based on the evolution of getting thousands of people killed? the sideline “Since the mid-1970s Bayer has engaged in research in haematology focusing its efforts on developing new treatment options for the therapy of haemophilia A (factor VIII deficiency)“, so in all this, whether valid or not (depending on the link between Bayer Pharmaceuticals UK and Cutter Biological. the mere visibility on these two missing in all the mentions, is a matter of additional questions, especially as Bayer became the owner of it all between 1974 and 1978, which puts them clearly in the required crosshairs of certain activities like depleting bad medication stockpiles. Again, not too much being shown in the several news articles I was reading. When we see the Independent, we see ‘Health Secretary Jeremy Hunt to meet victims’ families before form of inquiry is decided‘, in this case it seems a little far-fetched that the presentation by Andy Burham (as given in the Express) would not have been enough to give an immediate green light to all this. Even as the independent is hiding behind blood bags as well, they do give the caption of Factor VIII with it, yet we see no mention of Bayer or Cutter, yet there is a mention of ‘prisoners‘ and the fact that their blood was paid for, yet no mention of the events in Canada and Japan, two instances that gives rise to an immediate and essential need for an inquiry.

In all this, we need to realise that no matter how deep the inquiry goes, the amount of evidence that could have been wiped or set asunder from the eyes of the people by the administrative gods of Information Technology as it was between 1975 and 1989, there is a dangerous situation. One that came unwillingly through the evolution of data systems, one that seems to be the intent of the reporting media as we see the utter absence of Bayer Pharmaceuticals in all of this, whilst there is a growing pool of evidence through documentaries, ad other sources that seem to lose visibility as the media is growing a view of presentations that are skating on the subject, yet until the inquiry becomes an official part we see a lot less than the people are entitled to, so is that another instance of the ethical chapters of the Leveson inquiry? And when this inquiry becomes an actuality, what questions will we see absent or sidelined?

All this gets me back to the Guardian article as we see “The threat to the inquiry comes only a week after May ordered a full investigation into how contaminated blood transfusions infected thousands of people with hepatitis C and HIV“, so how about the events from 2005 onwards? Were they mere pharmaceutical chopped liver? In the linked ‘Theresa May orders contaminated blood scandal inquiry‘ article there was no mention of Factor VIII, Bayer (pharmaceuticals) or Cutter (biological). It seems that we need to give rise that ethical issues have been trampled on, so a mention of “a criminal cover-up on an industrial scale” is not a mere indication; it is an almost given certainty. In all that, as the inquiry will get traction, I wonder how both the current and past governments will be adamant to avoid skating into certain realms of the events (like naming the commercial players), and when we realise this, will there be any justice to the victims, especially when the data systems of those days have been out of time for some time and the legislation on legacy data is pretty much non-existent. When the end balance is given, in (as I personally see it) a requirement of considering to replace whatever Bayer Pharmaceuticals is supplying the UK NHS, I will wonder who will be required to fall on the virtual sword of non-accountability. The mere reason being that when we see (at http://www.annualreport2016.bayer.com/) that Bayer is approaching a revenue of 47 billion (€ 46,769M) in 2016, should there not be a consequence of the players ‘depleting unsellable stock‘ at the expense of thousands of lives? This is another matter that is interestingly absent from the entire UK press cycles. And this is not me just speculating, the sources give clear absence whilst the FDA reports show other levels of failing, it seems that some players forget that lots of data is now globally available which seems to fuel the mention of ‘criminal negligence‘.

So you have a nice day and when you see the next news cycle with bad blood, showing blood bags and making no mention of Factor VIII, or the pharmaceutical players clearly connected to all this, you just wonder who is doing the job for these journalists, because the data as it needed to be shown, was easily found in the most open of UK and US governmental places.

 

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Betrayed by government?

That is how you should feel in the UK. This is not some issue with the conservatives, I myself am a conservative. The issue is on both sides of the isle. That issue was shown to be very much the case yesterday in an article by Robert Booth titles ‘Tower cladding tests after Grenfell fire lack transparency, say experts‘ (at https://www.theguardian.com/uk-news/2017/jun/26/tower-block-cladding-tests-after-grenfell-fire-lack-transparency-say-experts). Yet, Robert is skating around a few issues, and he should be confronted about this. You see, I covered a few of them three days before that and it took less than an hour to get those facts, they are out in the open. I published them (at https://lawlordtobe.com/2017/06/23/under-cover-questions/), with the actual brochure. You see, the Arconic brochure, which I had in the article as well. Stated: ‘it is perfect for projects less than 40 feet high‘. So please give us the name of the project manager who allowed for this cladding to be chosen, please give us his/her name. So when I read “The communities secretary, Sajid Javid, announced on Monday that samples of aluminium panels from all 75 buildings that had been sent for fire retardancy testing had so far “failed”“, I am not that surprised as the Arconic brochure states on page three ‘a polyethylene or fire-retardant compound’, so which is it, because polyethylene is a combustible element, so there must have been two options here. And there is, you see whoever made the choice chose the Reynobond (PE), which is the combustible edition, that is what earlier news gave us. So in that case, who signed off on that idea?

The actual Arconic leaflet gives you this information BEFORE purchasing. So when Robert gives us “The Department for Communities and Local Government (DCLG) asked councils to cut samples of at least 25cm x 25cm from the cladding of towers and send them to the Building Research Establishment (BRE) at Watford for testing but has not said if the tests show whether they meet a British standard test” I wonder who are they kidding here. My question would be ‘Did the DCLG know that they were enabling their buildings to become Roman Candles with the option to kill anyone inside that building?‘ it is not really the same question, yet with Grenfell, we have the ‘evidence‘ to the better extent. The next part is even more hilarious, although not on the side of Robert Booth. The quote “Experts have warned that far more comprehensive tests on the entire cladding system are needed to establish if buildings are as at-risk as Grenfell was, including the insulation and design details such as fire stops. The shadow housing secretary, John Healey, told the House of Commons that “cladding is not the whole story”.” You see, here John Healey is as I personally see it the joke and it will be on him. There is indeed more than Cladding, yet the Celotex RS5000 seems to hold water as there are comprehensive fire tests, as one would expect and the brochure does not beat around the bush. They are giving the reader the test names, what and how it was tested. Unless specific combinations crop up (which is possible), the French firm who resides in Saint-Gobain did a decent job. Although in the last days there is an update that they are withdrawing their materials for any project on buildings that are taller than 18 metres. That is a fair step to take, yet with the possible impact this offers, certain parties could under common law now find themselves in a torts case for loss of economic value and losses, which could be a very large amount. This is what a lack of transparency gets you and Robert Booth does point that out. And yes, after my article, Celotex gives us “Celotex is shocked by the tragic events of the Grenfell Tower fire. Our thoughts are with everyone affected by this devastating human tragedy. We have been supplying building products for over forty years and as a business our focus has always been to supply safe insulation products to make better buildings.” I find that acceptable. Their brochure is to the point, gives us a lot of good and the architects should have had the info they needed as well as a handle what else to ask for or what else to test for. At present, unless there are inconsistencies or misquotes, the work of Celotex is all above board and all good (me speaking as a non civil-engineer). The second person now under scrutiny should be Barry Turner as we read: “Barry Turner, director of technical policy at Local Authority Building Control, which represents council building control officers also asked: “I would like to know just what tests these panels are failing.”“. You see, in opposition I would ask, what tests were performed, how was testing done and who signed off on that? Again Arconic gives us in their own brochure: “the ASTM E84 test” and it passed with a Class A. Yet, that test involves a horizontal test sample’, so how horizontal was the Grenfell tower when people were living in there? Perhaps a vertical test would have been needed. I am merely going for broke with the questions. Of course the press will soon focus on the ‘savings of £1.5 million‘ yet I wonder if there is a real story there. It could be, but I am not convinced. You see, the directive to choose away from the initial builder as to the why, and the shown facts beyond the mere cost saving that will impact it all. In addition, the fact that the cladding was done to appease the luxury flats around that building is another matter for discussion. You see, when a building was safe enough, adding a fire hazard means that those requestors can also be interviewed very visibly now. They wanted a better view, so how was that view on June 14th? Yet we see little of that in the article. At this point, Robert gives us a gem, one that is interesting. The quote “The London Borough of Hounslow, where the Clements Court tower failed the DCLG test, panels are being “swiftly” removed, but the council stressed: “The insulation material behind this outer cladding is a ‘Rockwool’ material which is a non-combustible product, unlike the case of the Grenfell Tower, where the insulation was a combustible type“. You see, when we look at the RS5000, we see “Due to its excellent thermal insulating efficiency at service temperatures ranging from -297°F to +300°F, polyiso foam has become the standard for low temperature insulation applications“, this is the information we get on ‘Polyisocyanurate Foam‘ which is what is used in RS5000. So who are the members of that council, can we get names please? With the encountered allegations that go nowhere, we do not seem to get any names, so shall we get all the members of the Borough of Hounslow in the dock and ask them some questions? The fact that the insulator seems to fail is that vertically burning polyethylene (Raynobond PE) tends to go beyond 300F really fast, and we can agree that under normal weather conditions, the temperature of 150 degrees would never be met, would it? The final quote to look at is “One architect responsible for some of the projects where cladding has been ruled to have failed, asked: “What are they testing to what standard? This could be a massively costly and disruptive error to thousands of residents.”“, what standard? Well the one that does not burn people to a crisp would be nice. And if it is a costly, does that not make the test still valid? Also the given term “’costly and disruptive error’ to thousands of residents” by that architect? Perhaps his comment was taken out of context to some degree, but it still leaves me with questions. The disruptive error we see now is that those people who died do not complain, the ones burned and still living will complain as will their family members. The fact that I as a non architect, with limited firefighting expertise (a remnant of my merchant navy and marine rescue days) was able to question the validity of choosing Raynobond PE the moment I had gone through their 7 page marketing brochure. There remains an option that there are questions regarding the Celotex RS5000, yet with the massive failure that the cladding was, the insulator has no real way of proving itself. All this was obtained from merely watching 30 seconds of news film and one product brochure. In that we see that over half a dozen councils need to reassess their values and choices as we now see that changes made in haste are done in Liverpool, London, Plymouth, Salford city and Camden. I reckon that a few more are to follow before the week is out. In all this I love the BBC radio 4 quote the best: “Cladding is being removed from three tower blocks in Plymouth, which were found to have the lowest possible fire safety rating“, how does one consider going for the LOWEST possible fire rating? It almost sounds like a Victorian advertisement: “Pay rent until the day you die, we offer both in our places of settlement!

Grenfell is showing clearly that the focus of the government failed, not just this one, both Labour and Conservatives are equally guilty here. Having seen the paper trail as a foundation of non-clarity for far too long, I wonder how this was not brought to light a lot earlier. The complaints from the people in Grenfell can be used as evidence in this case. This time it got a lot of people killed and as he Tottenham MP, David Lammy stated the term “corporate manslaughter“, it leaves me with two things that you all should consider carefully. The scope implies that it is not just corporate and there is every chance that MP’s and council members could share the dock here in court. The second one is that when the evidence shows that it was about cutting costs at any expense, we see that with the BBC4 radio part. Is it still manslaughter, or does it become murder? Is leaving people in death-traps, with such intend manslaughter, or should we call it the way it is “casualties for the sake of profit margins“. There is no common law part in law or in UK cases to make this an actuality, but perhaps it should. Perhaps it is time to make that change, if only to stop greed to some degree, because 149 victims in one building would sanctify such a change in law. The government that does not give that honest consideration in both the House of Commons and the House of Lords during at least two sittings each is betraying the trust you bestowed upon them. This is now becoming a job for the Law Lords and as the blogger Lawlordtobe I call upon them to make the UK a safer place to be.

 

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Age of darkness coming

An interesting article came to light today. Actually, it might not be that interesting. It is merely the consequence of a series of bad decisions by several people. The interesting part is that it was not a local thing. This is possibly one of the few times where several decisions on a global scale escalated one another into the move away from what at times now is laughingly referred to as ‘journalism’. The Guardian (at https://www.theguardian.com/media/2017/apr/15/journalism-faces-a-crisis-worldwide-we-might-be-entering-a-new-dark-age) gives us “Australia’s two largest legacy media organisations recently announced big cuts to their journalistic staff“, up to 120 editorial positions are being wiped from the list of employment options. Apparently there was also the mention “Both announcements were accompanied by corporate spin voicing a continuing commitment to quality journalism. Nobody in the know believes it“. It is followed by the mention that this is partly thanks to Donald Trump. The truth is nowhere near Trump, the entire Trump bashing is merely putting in the spotlight what had been known for some time. There is however a side that is very much true and it is escalating into a movement that will change even further over the next 20 months. The quote “technology has torn apart the two businesses – advertising and news – that used to be bound together by the physical artefact of the newspaper. Once, those who wanted to find a house, a job or a car had to buy a newspaper to read the classifieds. Now, it is cheaper and more efficient to advertise and search online“, it will change even further and the bulk of the audience is not up to speed yet, but within a year they will be.

For me the messed up situation was visible for a long time. No matter what excuse the people of News give, whatever Fairfax claims, it does not matter. Consider the following: ‘Will you pay $2.4 for filtered news?‘ This question is a lot harder than you realise, because the definition of ‘filter’ is not a given, but it is at the heart of the matter. Let’s take a few parts to give you a little perspective.

2010, 2011, we are given all kinds of news regarding Grexit, a weird dirty dance where some players are ‘threatening’ to expel Greece from the Euro. We see the news for weeks, yet no one seems to know what they are doing and the papers are absent in mentioning a legal work that was published in December 2009 by Phoebus Athanassiou that basically inform us that expulsion is not an option, you can only voluntarily leave the EEC and the Euro. The paper (at https://lawlordtobe.files.wordpress.com/2015/07/ecblwp10.pdf) is a paper that comes from the European Central Bank, so why were the newspapers in the dark? Why were the readers not properly informed on this? All the value of a newspaper thrown into the circular filing system, value lost forever.

2011 Operation Weeting. This would be the beginning of a decline that escalated on a global scale. Most people took notice to some degree regarding the News of the World, the phone hacking scandal and the celebrities involved, yet when the world learned of the hacked phones of murdered schoolgirl Milly Dowler, relatives of deceased British soldiers and victims of the 7 July 2005 London bombings the world did not react in kindness, those involved had crossed a line that a very large group found too unacceptable. Many went from ‘Ah well, celebrities!‘ towards ‘WTF!‘ and ‘Could this happen here?‘ two very different trains of thought, the Leveson inquiry that followed was followed by many and a lot of them not in the UK, when the conclusions were revealed we saw a group of editors shouting murder, fascism and on how the freedom of the press was in danger whilst none of them showed any level of accountability, this was one of the clearest coffin nails. There is more and part is not their fault. In this the politicians also have a blame in the matter. As the actual press (the Guardian, the Times, the Independent) were trying to continue to be the responsible ones (to the larger degree), they were placed next to tabloids, magazines proclaiming to be newspapers whilst limiting themselves to ‘Kardashian puts ample bust on display’ (Daily Mail). A lot could have been prevented by making these tabloids VAT (read GST) enabled. Giving the tabloids no longer a 0% VAT options would have levelled the bar a little (read: truly, just a little) against the actual newspapers in the UK. It could have spurred a larger European change. It would not have ended better for the newspapers, yet some of them would have had more time to change their product and business approach.

2012 Sony, this is the one that really got me mad. Two weeks before the PS4 was launched, Sony pulled a fast one. I discussed this (at https://lawlordtobe.com/2014/08/12/no-press-no-facebook/), in my article ‘No Press, No Facebook!‘, in this case the Guardian was pretty much the only newspaper that gave it any decent attention. A change that would affect 30 million gamers and the news remained absent. So where is the value of my newspaper now? It was “7.1. You must not resell either Disc-based Software or Software Downloads, unless expressly authorised by us and, if the publisher is another company, additionally by the publisher“, it was followed by a weak statement by a board member of Sony, but the papers and other media were quick to ignore it and none had the critical statement: ‘A terms of service is a legal document, a statement by a board member of Sony can be countermanded with a mere memo‘, the press remained absent! It all sizzled down the track as the TPP never came into effect, but the damage was done and now it was damage that hits the press as well as they were too busy with circulation numbers and facilitating to your advertisers, because Sony PS4 advertisement money is what all newspapers desperately needed, so compromising 30 million gamers (that’s Europe, with 5 million in the UK) was likely not a big deal to them.

These are a few of a growing list of issues where the newspapers are in a bad place, but to some extent they got themselves there. Margaret Simons gives us “Today, just about anyone with an internet connection and a social media account has the capacity to publish news and views to the world. This is new in human history” near the end. She is correct here, but she also forgets to mention that reach and quality is still and issue. I have, with my blog, a mere reach of 5-6 thousand readers, which is next to nothing. I believe that I offer a quality view, but that is in the eyes of the beholder. However, I am only a blogger. When she mentions ‘the capacity to publish news‘ is not entirely correct. Some are falling in front of the news because of location, yet these people are for the most not journalists and that is the kicker. Pieces that are truly journalistic remains pieces of value, the people are just having too many question marks. In addition, the people have lost a massive amount of quality of life, and the price of a newspaper subscription whilst news online tends to be free and the cost of living is going up is also a factor we cannot deny. Yet in equal measure I have worked in firms where they all had 2-5 newspapers on a daily base, most (read: nearly all of them) have stopped doing that, cutting costs did that to some degree.

So as we see the announced age of darkness coming into the newspaper business, we cannot fault their hardship, even though they themselves are partially to blame, yet in equal measure, it seems to me that quality journalism is becoming a nuisance in several European nations. They can hide some of the bad news in sponsored morning shows, there they can spin to some degree, but in a newspaper, and it is all about the relevant information, a side too many players are currently too uncomfortable with. Its fair enough that some journalists are trying to get around that part, but as too much actual news is given to us freely at a moment’s notice, many agree that there is too much speculation in some news, like ‘North Korea may be capable of firing a missile loaded with sarin nerve gas toward Japan‘ (source: CBC), yet in equal measure the newspapers have not been the utterly reliable source of news either and on both sides of the publications, there seems to be a growing issue with ethics to consider and that is even before we add tabloids like Daily Mail, Mail Online, and whatever Murdoch gets to publish. The newspapers became a multidimensional mess. I personally think it is because they waited too long to embrace the online community and that is before the new changes hits them over the next two years. By proclaiming themselves as non-accountable and considering themselves as too important, they marketed themselves straight into the insolvency mode. Yet, that is merely my view on all this.

 

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Hospitality starts with hospital

There is no way around it, United Airlines has found a new way to get mentioned on every social media at the same time. The article (at http://www.independent.co.uk/voices/united-airlines-passenger-beaten-flight-chicago-airport-apologise-newunitedairlinesmottos-trump-a7678296.html) gives us a first view on how the people are perceiving United Airlines. The headline ‘United Airlines hasn’t even bothered apologising to the passenger beaten on its flight‘ gives us the goods. The article goes into a few elements, although I am not entirely in agreement with: “this blood-soaked guy who simply wanted to go home and get to work the next day could have been any one of us“, I will at least admit that it is not entirely incorrect.

My issue is not initially with the act as such, it is with the utter stupidity of removing someone who had boarded without a proper reason. Consider that people check into flights, they get their luggage through, get past all the check and end up with a boarding pass. At that precise moment, that seat is taken! So basically up to an hour before the flight, this issue could and should have been clear, and this level of stupidity has consequences. Market watch reported ‘United’s stock falls 1.1%, wipes out $255 million off the airline’s market cap‘, which seems a little much so that one additional staff member could get on that flight. The quote “If you’ve flown anywhere in the last 10 years, you’ve definitely been on an overbooked plane. You might have even been offered a few hundred quid to skip your flight in order to make room for travelling airline staff” gives a fair view of what happens at time. In my case it was a first class passenger who had to get on the flight I was one and we were offered 600 euro’s and a free upgrade to get the next flight. I was not in the market, but someone took this offer. That is the easy option for the airline. In this case there was no option and someone got dragged off. As I would see it, a logistical screw up that gave a market dive of $255 million and that is not all. There is a solid chance that this doctor can sue the airline and the security detail that dragged him off costing the airline several million more. You see this is not a case of wrongful acting by the passenger. The passenger had checked in, went through all the screenings that happen and passed all the requirements. The passenger was given a boarding pass and was allowed to board the plane, it is at this point that the airline is screwed (as I personally see it). At this point it becomes an institutional failure of an airline to properly conduct its business. The excuse of a press conference where we see CEO Oscar Munoz calling the incident a ‘system failure’ and says staff could have solved it with ‘common sense’ is not a clear answer. The additional statement “proper tools, policies, procedures that allow them to use common sense” sounds like a joke to me. Common sense should be on the forefront of all this. The mere logistical part that the boarding procedure was not tattooed on the supervisors’ brainstem is not a medical requirement, but it might have saved them a quarter of a billion write down. I will give him that he took the blame towards himself, but in the end this failure went past the head of the hospitality crew, the pilot and captain of the flight and the security detail. Three levels that did not ask the questions that should have been asked before this disaster took shape. The fact that this was because of a needed seat for a staff member makes the disaster complete and a lot bigger too.

Now, there was also a mention that ‘aviation experts have said the company acted legally‘, is that so? You see, the contract of carriage of United Airlines: “If a flight is oversold, no one may be denied boarding against his/her will until UA or other carrier personnel first ask for volunteers who will give up their reservations willingly in exchange for compensation as determined by UA. If there are not enough volunteers, other Passengers may be denied boarding involuntarily in accordance with UA’s boarding priority“, here is the kicker: ‘may be denied boarding involuntarily‘, this was not the case, the man had already boarded and had boarded validly with a valid boarding pass. This is the part that will get United Airlines in hot water!

The other part that I do not get is the issue for one steward(ess), what was the beef here? There are close to 50 flights a day going from Chicago to St. Louis, so unless it was about a directly connecting flight, or better stated, even then, there would have been logistical solutions available. All this (I admit speculated) seems to reflect the opposite of what Oscar Munoz claims, mainly that the bulk of staff and support groups in Chicago airport were pretty much all devoid of common sense. So, from that point of view, no policy or protocol would have saved United Airlines the disaster it was heading to at full speed.

The part I disagree with in the article is that this is not about a Trump America, this is not about “This sort of stuff is becoming so commonplace that it’s difficult to feign surprise or disgust anymore. It’s become completely entangled in America’s psyche, and no one seems to care“, this was a collective act of utter stupidity, not a common sensing brain cell around to stop this from escalating. I would argue that this is linked to “A profit-driven airline company wanted to make room for employees, and so private security staff were more or less given the green light to beat somebody up to make it happen“, yet in this I am not sure if the second part on the private security side would be correct, yet as they dragged the valid passenger off the plane, questions will need to be asked with their superiors and the clarity of what had transpired will need to be scrutinised, because they too will feel the blows of what happened, I feel certain that the United Airlines legal team will be looking under every pebble to see where the costs, losses and blame could be placed.

The interesting side is that this is not the first time, the same week saw an issue with the president of an investment firm flying back from Hawaii, as well as an issue with two teenage female passengers wearing leggings, yet in that case there are a few issues that give optional valid defence of United Airlines as these were ‘pass travellers‘, where the passengers have to comply with company policy as they are in fact free staff flights.

There is no denying that the United Airlines will suffer a while longer as the social media is pushing and pulling the quotes in all directions to let viral reign continue, which is equally not fair on United Airlines, yet that is the world we live in nowadays. The fact that we now see surging stories of UA overbooked flights, with people getting send-off going all the way back to 2015. Then it was Nobel Prize-winning economist Robert Shiller who lost his seat. These stories seem a waste of time and I would agree immediately, yet the effect is that for the next few months, people will initially book with whomever has a flight not named United Airlines, which stops the overbooking danger, yet in equal measure it will drive forecasting down by a fair bit, so this disaster could cost United Airlines a lot more than the quarter of a billion cap loss. How much is not clear and I reckon no speculation will be on the mark, no matter how good you know this industry. Whenever social media goes viral on several paths, all bets are off, United Airlines is experiencing this effect in person.

To finish this off, we also see another side of social media. It is Fox News who reports (at http://www.foxnews.com/tech/2017/04/12/twitter-accused-deleting-tweets-slamming-united-airlines.html) the issue that allegedly, Twitter has been deleting tweets on United. The quote: “One user, @Jay_Beecher, says that a number of his United-related tweets were deleted, including one poking fun at the airline over the now-notorious incident. “Within seconds of tweeting I noticed that my tweet had disappeared,” he told Fox News. “After rewriting the same tweet numerous more times, I began to suspect that Twitter was censoring/automatically deleting any slightly critical tweets which contained an @United tag.”” gives us that at times Twitter seems to be doing whatever seems to please those with a vested interest. This is now also becoming an issue on cases where Twitter did not intervene, giving additional strength that Twitter has certain options, yet refuses to use them. This is not even close to the end for Unites Airlines as we see: “The airline kicked off the #UnitedJourney campaign last week in an attempt to get passengers to share their travel photos. Instead, the hashtag is being used to slam the airline and share memes related to Sunday’s now-notorious incident.

There is currently no end to this viral motion as we still see the News act on events nearly a week old, with the latest news merely three hours ago, as such it seems clear that Mr Munoz has his work cut out for him. The rehashed news regarding “United customer Geoff Fearns, who told Los Angeles Times columnist David Lazarus on Tuesday that United threatened to put him in handcuffs last week if he didn’t surrender his first-class seat to a “higher priority” passenger” gives rise on more issues, the most prominent being the one where United Airlines needs to seriously redefine what a high priority passenger is, especially when such a person makes ‘demands‘ on his last minute booking, whilst seemingly not being able to time manage his travel needs. It is my personal view that any company that facilitates to the arrogant and possibly loud mouthed will see their value decrease in ways that was not even close to the value of the ticket sold. It is a lesson they might learn from, but as this situation is created in America, I highly doubt it.

 

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Retrenching under false pretence

Today we see (at https://www.theguardian.com/business/2017/mar/01/len-mccluskey-ford-unite-tariff-free-single-market-access-bridgend), how Ford is moving its needs and its projections towards other places. It fill the pattern and projected promise that have been set in motion a few years ago. The US is moving parts back to the US and some parts to Asia. Australia had been feeling this for some time. Ford left Australia in 2016 when in October the last Falcon XR6 came of the belt. Now we see the beginning of their exodus from the UK and in this the title ‘Unite blames Brexit as Ford prepares to cut 1,160 Welsh jobs‘ is as they call it, a total load of bullocks! You see, this is the other side of a one market and tariff free access. You see, as these costs fall away, making these 4 wheeled thingamajigs in America becomes profitable again. Now, let’s be fair, Ford is an American company. For American companies to move back to their home turf makes sense, it could even be seen as patriotic. But in all this, Ford remains a business. So they need profit to soar and that can be done by having their factories in America and Asia. Brexit was never a factor, Australia never had a Brexit.

Is there a chance that Brexit was any factor? I do not believe so, the UK is not yet in a completed Brexit and it would take a few years before all would be complete, so there is no Issue for Ford, in their camp it was already planned, the entire pressure on Brexit is just tactics, because the US is scared of what comes next, so for the US, in light of the upcoming French elections, the anti-Brexit pressures are essential. The game is changing in France. President Francois Hollande is not seeking a second term, according to the BBC the first French president to do this in modern times (at http://www.bbc.com/news/world-europe-39130072), he is that unpopular and as such France is seeing several different issues and power plays in place. With one in four under-25’s is unemployed. So even as all parties agree that massive changes are needed, the Socialist failure gives rise to additional voices moving towards Front National. In all this, we see additional moves. We could even consider that this is a partial discriminatory ruling. The EU claims to be all about the freedom of speech and freedom of opinion, yet they will happily lift parliamentary immunity for the French prosecution to take legal action. We can argue the validity here in two ways. One: Marine Le Pen did break French law. Two: how many other French people have been prosecuted for ‘publishing violent images’? I would really like to see the numbers on that one. So as we will see big data mining on transgressors, I wonder how many have not been investigated, which shows that the EU is very willing to upset the sanctity of a fair election, especially as those deciding on this are likely to lose their jobs when Frexit becomes a reality.

So as we see through the (what I personally regard to be) blatant lies by Ford, or better stated by Len McCluskey, and in this as Ford is not forthcoming they get to be tainted by the very same lie. The quote “UK’s biggest trade union has urged Theresa May to guarantee car makers tariff-free access to the single market“, in this I would state ‘Mr McCluskey, are you usually just facilitating for big business?‘, you see, as I see it, Ford is using Len McCluskey not for the plant, not for the single market access ‘need’. No, they want to sweeten the deal! They need other concessions, like the ones they had in Australia. ABC Australia (at http://www.abc.net.au/news/2015-12-17/tax-transparency-report/7036708) gave the people a Tax Transparency report. Where: FORD MOTOR COMPANY OF AUSTRALIA LTD, had a Total income ($) of 2,940,670,099 (so basically almost $3 Billion), a Taxable income ($) of a mere 7,057,051. This means that 99.9917% of the income did not need to be taxed. So as we see: Tax payable, Tax payable as percentage of total income, as well as Tax payable as percentage of taxable income. These numbers become zero (that means $0.00 and 0.00%). So is Len McCluskey going to open his eyes? Is he going to realise that he is made the bitch of big business that requires the UK government to give away taxable income in the form of free labour? Perhaps Len McCluskey remembers what slave labour is? All valid questions, more important, if this is the path Ford wants, why not let then fuck off to merry old America? Let’s be fair and honest. America is in dire need of actual jobs and an actual economy. They are bleeding currency value and as such, if American companies decide to retrench in the US to save their home country, than that should be regarded as a noble action. Yet, these companies are run by boards that have one need, dividend and bonuses. Let’s also be honest here, these people don’t make any massive coin, not compared to a few other fortune 500 companies. The top executives, have an income ranging from $5.2M to $17.7M, which in Wall Street terms might be laughingly little, yet the retrenching has the danger of those people losing 28%-42% of what they are getting now. You see, as the US has a collapsing infrastructure, the strain the US is getting by having these manufacturers move back to the US is going to cause a few infrastructural gaskets to blow. It will not happen overnight, but within 24 months they setbacks will hurt Ford, there is no doubt in my mind on that. The level of setback will be anyone’s guess, I do not have any wisdom that could state to any degree of certainty how much the impact is. Yet, when you consider that Ford is working on a 3.9% operating margin (2014 reported numbers) and they walked away from an Australian 99.9917% non-taxation, we should wonder on how they tend to do economically more terrific in the US. It seems to me that the US retrenching has either massive kickbacks, or will come at the consequence of short sightedness and long term hardship. The numbers do not makes sense to walk away from either, but the clarity is that fingering Brexit was not the reason. But then, Ford did not do that, they got

Len McCluskey to do just that. It is the part “McCluskey also demanded that Ford provide “legally binding guarantees” of future production at the plant”. It made me giggle. You see if they had not before, why would they do that now? It seems to me that McCluskey, not unlike Kim Carr in Australia, was either in on part of it for a time, or I need to consider them both to be massively incompetent. A legal binding guarantee after the fact. It is just too hilarious! Of course, when the issue collapses and Ford moves, then we get the real issue, because at that point the blame game starts. In Australia, Kim Carr got to play his game and got the reprieve, so when his labour team got replaced by the Australian Liberal Party (the Aussie Tories), he stood back and got to stand playing with his beard thinking ‘not my problem anymore!‘, yet Len McCluskey does not get to be this lucky, when Ford leaves it will be on his plate and the Unite members will have a massive amount of questions, I wonder how many actual answers Len McCluskey will have.

So all these revelations and facts brought to you because someone decided to blame Brexit and I have actually had enough of those blamers. The fact is that there would always be consequences to Brexit, so when I see another ‘bremainer’ demand a Brexit without consequences, I wonder just how stupid some people tend to get. Another side linked to this is seen in the Independent (at http://www.independent.co.uk/news/uk/politics/britain-will-not-contribute-to-eu-budget-if-no-brexit-deal-is-reached-says-lords-report-a7609526.html), here we see ‘Britain will not contribute £50bn to EU budget if no Brexit deal is reached, says Lords report‘, the subtitle is even more descriptive ‘The UK appears to have a strong legal position in respect of the EU budget post-Brexit and this provides important context to the Article 50 negotiations‘. The reason to go here is seen in “According to the Lords, EU budget payments – likely to be a contentious issue throughout the Article 50 negotiating period – would not be enforceable and the UK would be in a “strong” legal position to not pay a penny if talks ended with no deal“, so all the hard play we have seen has been absent of a proper analyses of the articles, something the House of Lords was not about to let go. The quote “Theresa May has warned her European allies that the UK is prepared to crash out of the EU if no reasonable Brexit deal is agreed on. In this case, the Lords add, Britain will not be liable to make any further financial contributions to the budget” also implies that there is a two stream issue within the conservatives. You see, when we see the quote of Theresa May against “David Davis, the Brexit Secretary, said earlier this year that the Government would not rule out making future payments to the EU’s budget in order to secure favourable access to Europe’s markets“. The two streams are ‘let’s be flexible about it all‘ and ‘we have had enough of this‘. The point being that large corporations have been souring the cream pushing European politicians to take emotional stands whilst others are trying to muzzle Mario Draghi and his need to spend a trillion no one has. This now pushes back to the Automotives of the land (including the exiting Ford), I think we need to see that the approach that has been used for too long a time, making some industries holy and non-taxed is not the way to go. Now, there are plenty of people who want certain markets to push forward and to have trade deals in place tends to be a good thing. Yet the part that the media seems to ignore again and again is that these deals benefit large corporations to a massive degree, but others tend to fall between the cracks losing out on all those fringe benefits. It is an injustice that has been seen several times and Brexit would allow for a change that gives a level of fairness to it all (allow does not mean it will happen though). So whilst we can agree that there would possibly be an impact, there are still too many waters stirring, so any level of Brexit blame is very premature. That evidence is given additional support when we consider Reuters news from 2015 (at http://www.reuters.com/article/us-autos-ford-asia-idUSKBN0O625Y20150521), it was already forecasted 2 years ago that “When I take a look at Ford’s growth over the next five to 10 years, we believe roughly 60 percent of the growth will be in the Asia Pacific region,” said Dave Schoch, president of Ford’s Asia Pacific region“, which was the first sign that the Ford plants in Australia were at risk. In equal measure, the slowing economy in China saw Ford sales drop, a similar event has been happening in Europe, where the drop is three times higher and here we get the issue. It had a rise for a while and the European numbers looked really good, that is, until you realise that Russia was the only strong contributor to the Ford sales. Yet the Russian slump has been in play and it is now also hurting Ford, whilst the news of ‘rapid recovery unlikely‘ to be at the head of the forecasting table. So when we see Ford media give us (at https://media.ford.com/content/fordmedia/feu/en/news/2017/01/18/ford_s-european-sales-rise-5–in-2016–strong-ford-transit–rang.pdf), “Ford sales rise 5 percent in 2016 to nearly 1.4 million vehicles in its 20 traditional European markets*“, with the reference to Austria, Belgium, Britain, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Spain, Romania, Sweden and Switzerland.

Giving us now the one part that the papers were missing. The fact that the sales are not sliding, but the revenue is set to better profitability, in that the element becomes that the UK is only one of 20 nations for Ford and when we add the Ford Authority quote to it from February 20thIn all, the closures terminated nearly 6,000 jobs, although some number of those were merely shifted to lower-cost countries like Spain and Turkey“, as well as “Ford Europe has continued to pare down its workforce, offering “voluntary separation” packages to some 10,000 employees since early last year to help save an estimated $200 million annually” a valid tactical move by Ford going back to well before 2015. So as we see this facts, the entire Ford issue has been playing for a while and a lot of it has been out in the open. So at this point I would ask Len McCluskey where he got the idea “workers had been “kept in the dark”“. I would like to know what actions he had undertaken since December 2015 when this was already underway, more important, the move in Australia should have really woken him up. Did it do that? Because certain facts, clearly given by several sources, some of them openly Ford themselves. It is there where we now see a reason to doubt the existence of both Kim Carr and Len McCluskey (but that is just my view on the matter). Len had the option of making a clear speech to the workers in wales starting by ‘the party is over, there will be massive changes in the future, but we do not know the exact setting, but the worst case scenario is that the plant will seize to exist‘. Did he make that speech? I reckon not, most people like that tend to avoid bad news, especially when events like Brexit can be blamed and that is exactly what he did in the end.

As a final point I need to refer to the quote “We have had, as I said, dialogue with Ford. We will continue to have a regular dialogue with Ford about the ways in which government can help to make sure that this success continues“, which was exactly was happening in Australia, with the happy ending not becoming a reality. There, certain players decided to blame the newly elected liberal government, whilst we clearly see that there is plenty of evidence that Ford had already decided, and the decision was ‘vacate!’

I wonder what McCluskey does next, perhaps blame the Welsh weather?

 

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When a Newspaper gets it wrong

We’ve all had these moments. We have a preference in things we do, I look at the Guardian in the morning, and at times I check out the tabloids (front pages and in one case page 3 as well). Yet I keep the Guardian as my main source to work with. So I was slightly miffed when I spotted ‘EU fears influx of ‘British champagne’ once Brexit ends food naming rules‘, which is utter baloney (read: bullshit)! The United Kingdom is still bound in laws, in this case it means that Trade Marks are still protected and ‘British champagne’ is not ever going to be an option and any Trade Marks office in the UK initially passing such a request might get itself invited to a mandatory meeting with the Professional Standards Board. I now feel that at this point, that my concern becomes that the writer Daniel Boffey has no clue! So (at https://www.theguardian.com/business/2017/feb/15/eu-fears-influx-of-british-champagne-once-brexit-ends-food-naming-rules) we see “The European Union is concerned that British companies could violate protections given to the names of thousands of European products – such as Parma ham and Champagne“, these two examples Parma Ham as well a Champagne has been clearly settled, so that will not ever be allowed. This is something that can be set in stone as the United Kingdom joined WIPO in 1970. The UK uses Trade Marks Act 1994, where we see this part. The Trade Marks Act discusses in section 3 reasons that are an ‘Absolute grounds for refusal of registration‘, with in section 3(1)(c) we see: “Trade Marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or services“, as Parma (Ham) and Champagne are regarded as ‘geographical origin’ the examples are faulty. So what is Daniel Boffey? An editor who did not prepare his work? Or is he another anti Brexit fear mongerer with a need to rile the people for his own personal needs? I actually do not know, but it is clear that (as I personally see it), that Daniel did not talk to any Trade Marks Attorneys. Even a quick call to Intellectual Property Office (at https://www.gov.uk/government/organisations/intellectual-property-office), or just look at the website and lodge a question would have answered the part that is (again as I personal see it) a blight on the good frame of the Guardian. The articles linked to his name ‘Brexit transitional deal will lock UK into EU court, says Verhofstadt‘, ‘Northern Ireland peace at risk because of Brexit, says Bertie Ahern‘, as well as ‘Britons living in the EU face Brexit backlash, leaked paper warns‘ gives indication that he is very much against the Brexit. Now, I have no problem with those against Brexit, because that was a valid choice of the minority. In addition, they are not swayed yet and they might never be swayed, yet the issue I see here as an Attorney is that the UK has clearly accepted IP laws and leaving the EU will not change the accords that the UK agreed to as a signatory of WIPO. So when I see “The question of what will happen to EU GIs after the withdrawal of the UK is a difficult one” I get the clear indication that the Guardian editor is in cahoots with the European parliament’s agriculture committee on spreading misinformation. In addition, I think he is actually making a case for Brexit, as it now shows that those people in the European parliament’s agriculture committee might be regarded as overpaid incompetent individuals that should be fired immediately, because there is a clear IP setting in place and as such, just by reading the Trade Marks Act 1994, Contacting the UK Intellectual Property Office, or contacting WIPO, this mere fact could have been cleared up in 15 minutes. An alternative is the WTO (at https://www.wto.org/english/tratop_e/trips_e/gi_background_e.htm), which shows these issues clearly resolved as well. The WTO also gives us “The United Kingdom has been a WTO member since 1 January 1995 and a member of GATT since 1 January 1948. It is a member State of the European Union (more info). All EU member States are WTO members, as is the EU (until 30 November 2009 known officially in the WTO as the European Communities for legal reasons) in its own right”.

It seems to me that the EU gravy train on knowing as little as possible so that many meetings in 5 star locations could be held, which sounds like a massive waste of funds. Finding these facts took almost 10 minutes, so why are these EU members posturing on ignorance?

So the quote “If no arrangements to another effect are made, the protection afforded by the above-mentioned legislation would normally cease to apply in the UK, which means that over a thousand European registered names could be exposed to violation in this neighbouring country” is in equal measure a load of bollocks (for those unaware of the terms, they are the two elements positioned between the legs of a man), and if you are at this point still getting a blank, feel free to call Jim Davidson (the famous UK comedian) and ask him about a historical law enforcement agent (somewhere between 1068 until 1568), the name of that person was Big Dick Dangling, Sheriff of Nottingham Forest.

So there is a clarity that this is a non-issue, as the Trade Marks Act 1994 would remain in force after the UK becomes the Brexiteer, so as such I think that Katharine Viner (editor in Chief) needs to urgently call her Brussels office, especially as the non-issue is painted in such an obscure way that hiding behind “A document from the European parliament’s agriculture committee, which is advising the chamber’s leaders on the Brexit negotiations” is just too unacceptable, no matter how true that is, especially as the editor is now playing political suicide as he is stating “The document drawn up by MEPs warns: “In the hypothesis where the UK, as a third country, would enter into a new relationship with the EU27 based on a free trade agreement it would be important therefore to include a mutual recognition of GIs in such an agreement on the model.”“, which is  as I see it the hidden message. The ‘would enter into a new relationship with the EU27 based on a free trade agreement‘ is not for him to state, quote or comment on, especially as the bare minimum of the article is grossly misrepresented. Actually he could have quoted it, but I personally believe he fell short by a lot on elements like diligence in this article. In pursuit of the previous statement, we see the quote “The MEPs suggest the UK will need to maintain EU standards during any transitional period before a free trade agreement can be struck“, in that, can we get in writing that this includes equestrian beef burgers from Romania? There is light in the end of the tunnel as we see “the MEPs appear to take solace in the suggestion that the British government will be unable to take advantage of third countries seeking other options” with the supported follow up quote “One may wonder, in particular, whether the UK will have the sheer capacity to handle so many urgent trade negotiations in parallel with a national administration which has lost the experience and knowhow of such negotiations since the mid-1970s“, which sounds funny and in in fact hilarious, because in the first, the UK has been involved with trade negotiations on a global scale and in the end, it is the 27 nations that will be chomping at the bit to get a deal for their deliveries towards 68 million consumers. And if anyone thinks that 23 of these nations (who are smaller than the UK) will walk away from a customer base that represented 12% of the entire EU than those claiming that can apply for the function of Mad Hatter!

And as for the Chlorinated Chicken, that issue has been going on since 2014, which does not mean that the deal is null and void, or that it is not an issue, but at present, especially when we see the application of the word ‘if‘ we know that this is currently not the case and there is no clear indication that this will change, as such it remains a non-issue, because whatever the UK imports, if the EU does not allow for it, it stays within the UK, making it a non-issue for the export and the EU will not be affected as it has these limits in place. And in that regard, did these same MEP’s stop the issue of equestrian burgers yet?

Listen, there will be issues in the Brexit time, some will be complex and will require time to solve, anyone stating that this is not the case is lying to you, but to see articles that are a travesty of common sense, a case that could have been verified by any Guardian intern in Brussels with a few calls begs to consider what Daniel Boffey is doing. From my point of view he is not reporting, he is merely what some call a Reuters copy and paste user, which makes him very overpaid and replacing him with previous suggested intern might not be the worst thing to do.

The Guardian is not alone here, the amount of timewasting we see from the mirror, the Daily mail and the Daily online is far worse, but those places are not to be regarded as newspapers, so there is a difference. We see issues in the Independent as well, but one of a different kind. There Ben Chapman (at http://www.independent.co.uk/news/business/news/brexit-britain-must-be-made-worse-off-after-leaving-eu-says-austrian-chancellor-christian-kern-a7578206.html) writes on the Austrian Chancellor and his views. The subtitle gives an interesting and non-invalid view ‘A member of a club must have better conditions than somebody who isn’t a member of this club‘, which is actually a decent way to put it. Yet, what the chancellor is not stating is that this club has failed. Some of its members has not been able to keep up and in response to failed economic numbers the club decided to pump in cash, two rotations of well over a trillion each and the club members need to pay up, even as all members know that it was not a solution. This is regarded as irresponsible acting and this so called club has failed its members by not setting a proper charter for misbehaving members (Greece) as well as a failed system regarding the acts of its executive members (Mario Draghi). Part of that we saw in last weeks The Week (at http://theweek.com/articles/679060/european-central-bank-about-something-stupid), as we read “when it kicked off a quantitative easing (QE) program worth $60 billion a month. In plain English, that means the ECB started creating a bunch of euros out of thin air and using them to buy up various financial assets. In March 2016, it kicked things up a notch, to $80 billion in purchases a month“, which was one of the issues I had. In addition, how anyone can see ‘creating a bunch of euros out of thin air‘ and ‘buy up various financial assets‘ seems so odd as it is not money that is supported by any gold reserve or at lease set against something of value. This doesn’t just read like a Parker Brothers monopoly heist, basically Draghi is buying stuff that is then paid for and is given to? To whom exactly? It almost reads like a derivative nightmare, Mr Blotto buys a lemon and goes bust. He sells this lemon to Draghi for the initial value and he walks away smiling again, whilst Draghi is buying lemons in stacks of 80 billion a month. So who owns the lemon? And where is that 80 billion coming from? Some people forget that if we add (for example) 2 trillion to our 10 trillion, the value of our 10 trillion would now be 10/12 trillion, implying our value decreased by 17% (because against the pound and the dollar it did), but now we get the small complication, Sweden is still using the SEK, the UK has the Pound, so there is an impact there too. That is the part the Draghi elites (financial captain and his minions) seem to ignore. There is an impact on our values, and that decrease is actually increasing faster and faster, especially as there is no improvement in sight.

In this we saw the growth and the actual move towards Brexit, yet at present as the smaller nations are realising (Austria) that they are merely less than 2% of that group and the impact of the exiting nations is seen, Austria is now facing a very mental breakdown. Because it sees the dangers it faces. Austria has a 67% services industry and whilst that is not great, it is not the worst either. The changes that they are now facing might negatively impact their economic value, in addition, the speech the chancellor gave was nice on a European value, the fact that the top 6 of its main export partners does not include the UK, and neither does the top 5 import list, so his club speech sounds nice but is now laced with the emotion of ‘I am taking whatever the UK loses whenever possible‘ gives rise to his reasoning of the club mentality, in addition European Commission President Jean-Claude Juncker gives us “Do the Hungarians and the Poles want exactly the same thing as the Germans and the French? I have serious doubts“, which is fair enough, yet at the same time we see “and the endgame is that there is no united European front“, which is a realisation that is long overdue, that was a given for the longest of time and the economic posts have been somewhat clear on that. That part is also clear in France where Emmanuel Macron has joined Marine Le Pen by adding the Eurozone membership on the agenda. Which now means that out of the three most likely to win the French election, only François Fillon seems to voice a continuation of France within the Eurozone. As such there is no guarantee that the Eurozone loses France, but only if François Fillon beats both Macron and Le Pen, a feat that is not impossible, but for now decently unlikely. That will be known on 23rd April 2017, when the 1st round of the 2017 French presidential election will be held. Perhaps it would be nice that Daniel Boffey realises that the French will not walk away with a French version of the West Country Farmhouse Cheddar and in equal measure Champagne will still be French, also after both have left the Eurozone, it will not be possible for Either to claim ownership of the Trade Mark ‘Edam Cheese’ as it is a Dutch Trade Mark.

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No Health Statements

This is not the first time that we see a level of anger non-management in regards to the NHS and the medical staff. The proclaimed shortages and a government in denial over these elements. Whilst the DMG Media papers (among others) have had their fun day. The messages concerning the NHS are increasing all over the place and when we start reading about the  ‘The worst conditions in memory’, we know that we have come to that place also known as rock bottom.

This in contrast of messages like: ‘Hospital pays £1,800 for an agency nurse to work a single shift‘, April 5th 2014 (at Read more: http://www.dailymail.co.uk/news/article-2597442/Hospital-pays-1-800-agency-nurse-work-single-shift-thats-163-hour.html), Paul Dacre and ‘his’ DMG media. It is not the only case, there was a similar story on July 30th of that same year. The Telegraph gives us a similar story on January 19th 2013. This in contrast with real newspapers, namely the Guardian who voices (at https://www.theguardian.com/society/2014/nov/01/nhs-spending-agency-nurses-cuts) ‘NHS spending on agency nurses soars past £5.5bn‘, with the second line giving us ‘Government accused of ‘truly incompetent planning’ after years of training cuts push cost of temporary staff way over budget‘, this is a situation that affects both sides of the isle as it wasn’t started by this conservative government, it started before 2010. Neither side of the political isle has given proper vision to the pressures building, and this current government is now watching from the sides as they need to find £25bn. That number is actually pretty easy to see.

Staff shortage, overhaul of equipment, shortage of infrastructure and an overhaul of the infrastructure to protect it from this ever happening again. In this we have two elements. The first is that the press is partial to blame in all this. Consider the speech by Paul Dacre “a kind of show trial in which the industry was judged guilty and had to prove its innocence” (source: betterratailing.com). I like the news in the Spectator even better with “unremitting pressure of fighting what I have no doubt was a concerted attempt by the Liberal Establishment, in cahoots with Whitehall and the Judiciary, to break the only institution in Britain that is genuinely free of Government control – the commercially viable free press“. Yet, Paul Dacre sold out his readers in an instant as he kept quiet on the changed user agreements PSN users were forced to agree to, just a mere 10 days before the release of the Sony PlayStation 4. In that, as I personally see it, he kept the people out of the loop. So as the commercially viable free press is betraying its readers. Possible because he had to orally please the ears of Sony? How can we have any faith on anything we read regarding the NHS, especially when it is coming from DMG Media? You see, the issues are very much linked. The people have been made aware again and again that people like this cannot be trusted. It is Stephen Fry who brings the best definition of the Daily Mail “the only good thing to be said about his Mail is that no one decent or educated believes in it“, which is pretty much spot on, and the news the Guardian gives us regarding: “Paul Dacre steps down from the post of Chairman of the Editors’ Code of Practice Committee, which he had held since 2008” (at https://www.theguardian.com/media/2016/dec/01/paul-dacre-to-step-down-as-chair-of-journalists-code-of-practice-committee) is only the smallest of positive messages, even as he attacks it on the way out. Yet the Mail Online, which is owned by the mother company DMG media has had a long line of issues, among others with Tom Cruise as he was identified in a relationship between ‘Tom Cruise and the head of the church of scientology, David Miscavige‘, which might or might not be a big thing, what was the issue that the publishers were unable to defend themselves and even as we see ‘diplomatic’ responses like ‘Mail Online had failed to demonstrate that it had complied with its obligations under the first clause of the editors’ code on accuracy’, and as Editors’ Code of Practice Committee is part of IPSO, and they administered ‘penalties’ on a DMG Media sibling, the news that the Guardian gave “Regulator to reconsider whether the editors’ code, and its rules, can apply to a global digital publisher” (at https://www.theguardian.com/media/greenslade/2016/jul/19/ipso-review-after-mail-online-fails-to-defend-tom-cruise-story), so at this level of ‘contemplation’, something I personally tend to see as ‘inbreeding’, they are contemplating ‘a commercially viable free press‘. Are you freaking kidding me?

This sidestep is essential, because if it does not come from the Guardian, the Independent or the Times, we cannot be certain of anything nowadays, so as we lash out against the NHS, its governance and the consequences its patients face, we seem to be spurred into a false sense of righteousness as we kept on reading regarding those £225 an hour nursing jobs, which should be seen as misrepresentation of the highest order! The Telegraph isn’t helping any as they publish that the NHS now has access to Artificial Intelligence (at http://www.telegraph.co.uk/technology/2017/01/05/nhs-trials-artificial-intelligence-app-place-111-helpline/).

The part that the Telegraph does show that is important is “Joyce Robins, from Patient Concern, said: “I find this quite frightening. People who are ill want a person they can speak to. Typing in your own symptoms and waiting for a result is just ridiculous – what happens if you make a mistake?”“, which is just the tip of the iceberg.

The issues seem to escalate and there are a few players in this dramatic comedy that have to explain their reasoning. I am clear in ‘explain’ because there are sides that I am unaware of, to boast not being unaware of anything is utterly irresponsible. Before I go into the separate points. I did make a case on several levels with ‘The UK NHS is fine‘ (at https://lawlordtobe.com/2016/09/20/the-uk-nhs-is-fine/), and an even stronger case with ‘Is there a doctor on this budget?‘ (at https://lawlordtobe.com/2016/02/15/is-there-a-doctor-on-this-budget/).

Staff shortage.
It is the easiest one to solve, but cannot be solved overnight. Yet the shortages have been known for close to 4 years, so what has been done over the last 4 years to address these shortages?

Overhaul of equipment, Professor Angus Dalgleish has been outspoken in the past in several ways, mentioning the budget of the NHS not in the smallest way. We know that George Osborne had cut the budget by 1 billion, which in light of the shortages was a bad idea, the question is, was it avoidable, if not, how can the NHS move forward? With the current unemployment levels, how come it is still so hard to recruit nurses and doctors? I myself have had a lifelong interest in Radiology and Anaesthesiology. I am not alone in this, although in the 70’s when I was initially studying, getting into law or medicine was only possible if your parents were wealthy or if they were in law or medicine (meaning that they were wealthy). Now consider what the governments have done over the last 2 decades. I am giving that frame because we have known for at least 20 years that there was an aging generation coming up. Now the press at large seems to be blaming the immigrants, they might be as factor, yet they are not the main cause. A UK parliament going all the way back to Tony Blair should be seen as responsible for this. Those words are very specific. You see, when we look at the NHS expenditure history (at http://www.nhshistory.net/parlymoney.pdf), we see that in 2004/5 and 2006/7, Under Labour Tony Blair, the expenditure takes a massive hit, it is after that during Conservative David Cameron that expenditure goes straight into the basement, both sides fell short whilst both groups knew that the increased pressure from 2013 onwards would be strangling any budget as the NHS gets to deal with an aging population moving into retirement and an increased need for health care. None of it got properly dealt with by any parliament. In this, a rough estimate would be that the UK needs to hire no less than an additional 2,000 students a year for no less than 7 years to get anywhere near the numbers we will need in 8 years’ time, because the current shortage will increase. Perhaps parliament should take additional looks at places like the Royal College of Physicians (https://www.rcplondon.ac.uk/), we can agree that quality needs to be high, Yet when your annual tuition fee is set at £23,190 with an additional college Fee of £7,350 there will not be much appreciation on an international level, unless it is for private practice and that is where the NHS luck runs out, in addition, for the ‘locals’, £9,250 annually is still a big ticket, especially in today’s financial uncertainty. Consider the fact that this goes on for 4 years (the NHS is mentioned in several places to cover years 5 and 6), still, the average student will end up owning over £37,000 before they are actually earning anything and by the time they start earning enough to pay some back, the houses and their prices come across the corner, so these people too will try to find a commercially viable place. Perhaps they will go into journalism? Which is an issue as Paul Dacre of the Daily Mail (read: DMG Media) and Jane Dacre (President of the Royal College of Physicians) are related to one another, so I can only speculate with the question whether the Daily Mail news and Mail Online and others are setting a stage that is leaving a foul taste in my mouth. Now we all know that there are plenty of other sources making statements in the open, yet I cannot wonder if there is a sorted wave of misrepresentation of information is going on. We all know that there is an issue and that the NHS is in serious trouble, yet it requires drastic changes and a vocation that attracts many yet nearly null can afford is still a vocation with no staff.

Shortage of infrastructure.
This is seen in two sections, the people and the technology. Both are in a failed state. Even as plenty of people are looking for jobs, it seems that the infrastructure is under pressure as well. A cut budget as George Osborne had put in place is in addition incrementally debilitating to the NHS infrastructure shortage. Now in this I am not placing blame on George Osborne. The UK got themselves into a £1.7 trillion debt, the NHS is only one side of a national infrastructure that needs a budget, whilst the previous administrations have been burning their budgets like there is no tomorrow, the point has been reached where government credit cards are all maxed out, so finally budgets get cut hard all over the place. The NHS was not the first and will not be the last to suffer near death symptoms for some time to come. Unless parliament takes drastic steps and starts to change the way things are done and perceived there won’t be anything left.

Overhaul of the infrastructure.
The NHS infrastructure requires a massive overhaul, the NHS has to some degree failed itself. This isn’t just about cut budgets, this is about the essential need for hospitals to be lean and mean (read: not average). Processes need to change, the objectives of hospitals need to change. Larger implementations are required that deals a blow to the posts that have too large a cost. One if the implementations would be that alcohol and/or drug related injuries are no longer treated unpaid and only treatment when upfront payments are placed. It will be the first harsh response to binge drinking. It was stated a year ago that binge drinking is costing UK taxpayers £4.9 billion a year, which boiled down to almost £13.5 million a day. Now the researcher set that it equates to £77 per person, so in my view, any alcohol and drug related treatment will be set at £60 per treatment up front. Those who cannot afford it (spent their money on booze and drugs) simply get to wait outside until that bad feeling is gone (or they can die and decrease the surplus population, source: Charles Dickens). It is my personal view that it will take no more than 1000 deaths for people to realise that binge drinking needs to get to an end. This is actually small fry compared to Australia where the annual tally of costing is set to $36 billion and when we accept that the currency is only slightly below 2:1, whilst the population is set to 1:3 (only 23 million in Australia) we can honestly state that Australia is in a much bigger mess than the UK and if the UK adopts certain policies, Australia is likely to follow quite quickly.

If these three parts can be addressed, there will still be a dangerous time for the NHS, but there is also the option that the NHS will move away from near death to extremely sick and hopefully the death of the NHS will be averted. The alternative is to put faith in the aging population to throw their numbers in another direction. You see, at present, the death rate is down. Over the last 10 years it went down on average by almost 14%, so if the elderly could be so nice to do an about face and start dying more increasingly (like an annual average of 2,500 elderly per year), we would see a diminished drain on the NHS, housing prices more affordable, you see the benefit, right? Now, if you feel that this is so inhumane, than this is the lesson you now get to face.

To have a social civil society, or a civil social society, you need to be certain that you can afford to maintain it. As the political parties gave the keys of non-taxability to large corporations, the first step in having no budget was reached, as these players had no taxation, they still would try to find every corner to cut costs. So the car industry moved, fashion production went to places like Malaysia and Indonesia and sales went online via places like Ireland. It does not take a rocket scientist to work out that jobs would decrease and governments would no longer have a budget to play with, this is what we see in nearly EVERY nation on the planet, whilst the senior management places in corporations on a global scale left those few with more money than ever before and they do not need health statements, their incomes allow for their private physician with a nurse for the happy ending.

In all this, is this a story of hope? I am not certain, you see, unless draconian drastic changes come along, it might actually be too late for the NHS, merely because of the oldest triangle in existence. I am referring to the triangle of Places, Provisions and People. Any government and corporation can undercut one element for a longer time without consequence, for a short time you can undercut two elements with minimum consequences, yet there is no chance for survival when you undermine all three for anything longer than a really short amount of time. This is what has been done to the NHS for no less than 10 years, that whilst all the players knew that the pressure and needs of the NHS would increase and will continue to do so for no less than 10-20 years. What did you expect would happen to the NHS under those conditions?

 

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