Barry Gardiner challenge to Government on Gaza: Show that you respect international rules-based order

There was a debate in Westminster Hall yesterday on Gaza and Humanitarian Aid instigated by one of the new Independent MPs,  Ayoub Khan (Birmingham Perry Barr), elected in the wake of the Gaza conflict.

Westminster Hall debates do not make policy but give MPs a chance to register their concerns.

This is Barry Gardiner's contribution from They Work for You

As politicians, we talk of the international rules-based system, by which we mean the World Trade Organisation and the United Nations, but often we do so only when it suits our position. When it does not, we ignore it. That is why it is crucial that we grasp the legal implications of the decision promulgated on 19 July this year by the International Court of Justice. It settled the law in its advisory opinion on the legality of Israel’s continued presence in the occupied Palestinian territory. The opinion came from a request by the United Nations General Assembly in December 2022, and I believe it carries immense weight. It is the interpretation of our world’s highest court of law as it relates to the occupation of Palestine.

The court ruled that the occupied Palestinian territory is to be considered a single territorial unit, which means that the failure to recognise Palestine as a state is now out of step with international law. On 10 September, Palestine took its seat at the 79th session of the General Assembly of the United Nations. It is not yet a full member, because it has been blocked by the United States, but it has the right to submit proposals and amendments. The Government of the UK still does not recognise the Palestinian state, and I believe that that is now incompatible with international law.

The court ruled that settlements and outposts in the west bank and East Jerusalem were unlawful. It does not matter that Israeli law considers settlements to be lawful; they are not, and they should be evacuated. The court ruled that Israel’s exploitation of natural resources in settled land was also unlawful. The court ruled that Israel occupied Gaza. It ruled that it occupied the west bank and East Jerusalem. It ruled that that occupation was unlawful. It ruled that the occupation must be brought to an end.

That also means that, in its actions, Israel must behave not as a warring nation state against another warring state, but as an occupying force, with all the obligations that entails about its conduct, including ensuring that aid can get through to all who need it. Israel ought to cease its unlawful activities, halt all new settlement activity and provide full reparation for the damage caused by its wrongful acts, which includes returning land, property and assets seized since the occupation began in 1967 and allowing displaced Palestinians to return to their original places of residence.

The court made it clear that other states also have obligations. It emphasised that all states are required not to recognise the illegal situation created by Israel’s actions in the occupied territories. That means that they should not engage in trade, investment or diplomatic relations that would entrench Israel’s unlawful presence. The advisory opinion is a landmark in the legal and political struggle over the fate of the Palestinian people and the integrity of international law. It highlights the obligations of all states, including the United Kingdom, to ensure that the rule of law prevails. We are all duty bound not only to act in the interests of justice and human rights, but to uphold the very principles of international law. That is the law. It is clear. It has been authoritatively stated by the court. What is not clear is whether Governments will abide by it. The law can state, the court can rule, but none of it brings about anything unless the power of enforcement lies behind it.

In the UK we are very fond of saying that we respect the international court and the international rules-based order. My challenge to the Minister is this: show it.

 

 

Former Brent Labour councillor lambasts Dawn Butler for her failure to oppose cut in Winter Fuel Allowance

 

Graham Durham publicly calling for Brent MPs, Dawn Butler, Barry Gardiner and Georgia Gould, to vote to keep pensioners' Winter Fuel Allowance

Former Brent Labour councillor, Graham Durham, now a local National Pensioner Convention activist, has attacked his MP Dawn Butler for failing to oppose the cutting of the Winter Fuel allowance by the Labour government, and failing to respond to her constituents' concerns.

 

 The cut has led to a storm of protests across the country. Many are predicting that the poorest  pensioners will struggle to heat their homes this winter and over  half a million people have signed an Age UK petition opposing the cut.

 

 

 Unite the Union October 7th Lobby of Parliament

Graham Durham, aged 70, said:

 

It is sadly inevitable that some old people in Brent will die as a result of this cut  if we have a cold winter. Over 3,000 poorer pensioners in Brent East are affected so it is very sad that Dawn Butler did not vote against the cut in Parliament.

 

To add insult to injury Dawn Butler has failed to respond to constituents who wrote to her expressing concern over many months and failed to meet constituents when they joined the national lobby at the House of Commons on 7 October.

We need our local MP to stand up for us and oppose this cruel cut.

 

 

Graham Durham will be speaking about his recently published novel, A Peal of Socialism, at Kilburn Library, Salusbury Road, NW6,  tomorrow 11am-12. The novel is set in Kilburn, Cricklewood and Willesden.

Regulator finds 'serious failings' in Octavia Housing's health and safety responsibilities. The Housing Association has over 1,200 outstanding fire remediation actions, and mitigation failings

The fire at Petworth Court (Credit: London Fire Brigade)
 

Octavia Housing hit national headlines in January 2024 when Petworth Court, Elm Road, Wembley Central. It emerged that Barry Gardiner, MP, had repeatedly raised concersn about the block with Octavia with little response. The Fire Brigades Union warned of 'criminal complacency' on the part of the then government and some building firms regarding cladding.

Now the Regulator of Social Housing has issued a Regulator Judgement on Octavia Housing:

The Safety and Quality Standard requires landlords to have an accurate, up to date and evidenced understanding of the condition of their homes that reliably informs their provision of good quality, well maintained and safe homes for tenants. It also requires landlords to identify and meet all legal requirements that relate to the health and safety of tenants in their homes and communal areas, and that all required actions arising from legally required health and safety assessments are carried out within appropriate timescales.

Following a serious fire at one of its properties in January 2024 and wider review of its landlord health and safety compliance, Octavia made a self-referral to us in respect of fire, electrical and gas safety. Having sought further information including assurances on other areas of building safety, we have concluded that there are serious failings in the oversight, management, and delivery in several areas of Octavia’s landlord health and safety responsibilities.

London Fire Brigade has issued Notifications of Fire Safety Deficiencies in respect of 13 of Octavia’s buildings since May 2023. Octavia currently has over 1,200 overdue fire safety remedial actions categorised as either high or medium priority and has failed to take sufficient steps to mitigate the potential risks to tenants identified.

Octavia was unable to provide sufficient assurance that it meets other landlord health and safety requirements. Octavia has failed to hold complete and accurate records to confirm where health and safety inspections are required, whether they had been carried out within legally required or recommended timescales, and whether smoke and carbon monoxide detectors are installed as legally required.

Octavia has been proactive in engaging external support, increasing staff resource, and creating improvement plans to increase its oversight of its health and safety compliance. It is currently undertaking investigations to identify and address gaps in its records, develop an effective programme of health and safety assessments and confirm the full extent of remedial actions required to meet all legal requirements.

Octavia has reported that it recognises that it can deliver its purpose more effectively by joining another landlord and following the September 2023 Regulatory Judgement has been progressing the work needed to achieve this. Ahead of this being delivered Octavia has been able to draw on significant support from its preferred partner landlord to deliver the improvements required.

Our engagement with Octavia will continue to be intensive. We will seek evidence that gives us assurance that Octavia is making sufficient progress on its investigations and delivery of its improvement programme so that it is meeting its health and safety legal requirements and delivering the outcomes of our standards. We are not proposing to use our enforcement powers at this stage but will keep this under review as Octavia seeks to resolve these issues. Our priority will be that risks to tenants are adequately managed and mitigated.

 The housing provider that Octavia was engaged in partnership talks with is Abri that itself has been subjected to a finding of severe maladminstration in two cases by the Housing Ombudsman.  This caused Michael Gove, the then Secretary of State to write in December 2023:

In one case, you left one of your residents with faulty windows for almost five years, with the resident waiting up to a year to hear from you on multiple occasions. They were left with a cold property in the winter and issues with insects during the summer. I am disappointed to learn that these issues became so severe that she was forced to leave the property.

In the second case, you failed to deal with a complaint about damp and mould from a vulnerable resident with a heart condition and who is registered blind. You carried out the same ineffective repairs year after year, and failed to address the root causes, leaving your vulnerable resident living in poor conditions for far too long.

When your residents report an issue, and especially when vulnerable people are involved, it must be acted upon swiftly and effectively. The tragic death of Awaab Ishak has shown that we must not be complacent about issues that risk residents’ health.

I understand you have addressed all the orders and recommendations made by the Ombudsman, including overhauling your approach, processes and policies regarding damp and mould. I expect the changes to make a significant difference to the service you deliver to your residents.

Byron Court Primary staff , parents and children, take their campaign to Parliament and Department for Education in Election Week - watch out for their Big Red Bus

 From Brent National Education Union

.

NEU members at Byron Court Primary School, who have already taken 10 days of strike action are due strike for the three days running up to the General Election in a fight to save their local community school from a takeover by the huge Harris Federation chain of academies, a company whose CEO donated to Tory funds.  Strikes are continuing on Tuesday, Wednesday and Thursday this week.

 

Campaigners will take to Parliament Square and the DfE on 2^nd July in a big red vintage routemaster bus to gain publicity to ask the incoming education minister to overturn their “academy order”.

 

The school’s forced “academy order” follows an intimidating Ofsted inspection which, for staff, had parallels with the experience of Ruth Perry and resulted in the same “inadequate” one word judgement. They are hoping for a new Labour government, who have promised to get rid of Ofsted one word judgements, to intervene and revoke the academy order to keep this as a community school.

 

118 campaigners wrote to the DfE prior to the decision being taken, to oppose the move, but a recent FOI request for information on how this was presented, has been snubbed. There have been two complaints against Ofsted but so far Ofsted have not investigated the process that took place.

 

NEU members, parents, councillors and the local community have been turning out to support picket lines and prtotests at the school, Brent Civic Centre and Central London. They have been supported by Barry Gardiner.

Jenny Cooper of the NEU national executive has stated:

 

The “SAVE BYRON COURT” campaign has found itself on the frontline of defence against privatisation, since the election was announced, and school staff around the country are watching to see what the next government will do. We do not want this to be the last community school to be given to private hands- we want it to be the last time this battle has to be fought.

Byron Court strikes against forced academisation continue on Friday and subsequent weeks

 From Brent National Education Union

 

NEU members at Byron Court Primary School are striking again in a fight to save their local community school which is threatened with a forced privatisation by the huge Harris Federation chain of academies. PICKET LINE OUTSIDE THE SCHOOL FRIDAY 14^th JUNE 7.30-9.30am! [Subsequent dates: 18^th/19^th June, 25^th/27^th June and 2^nd, 3^rd and 4^th July]

 

Staff at Byron Court Primary School in Wembley continue to strike to save their local community school from a forced “academy order” following an intimidating Ofsted inspection. They are striking  following their protest, alongside parents and the NASUWT outside the DfE last week in which a petition of over 2000 signatures was handed over, supported by Barry Gardiner, the constituency Labour Candidate.

 

THE NEU HAVE YESTERDAY LAUNCHED A “GO YELLOW” CAMPAIGN ACROSS ALL BRENT SCHOOLS in which staff are asked to wear yellow or black as an act of solidarity with striking members at Byron Court. Yellow and black are the current Byron Court uniform colours and the campaign is launched on the day that Harris Federation are forcing their way into the school to “consult” pupils on a new uniform.

 

Staff have today heard that the proposed TUPE consultation will not conclude until AFTER the general election, bringing real hope that the incoming Secretary of State will pause this forced academisation process.

 

Jenny Cooper of the NEU national executive has stated:

 

Forced academisation is a process opposed by most education unions and flies in the face of democracy; this should not happen in a civilised society. We call on all political parties to reverse this policy if elected and to start by intervening to save Byron Court

Barry Gardiner has 'positive discussion' with the Shadow Education Secretary about Byron Court Primary School's Ofsted and forced academisation

 Barry Gardiner made a statement on Twitter yesterday following what he said was a 'very positive discussion' with Labour's Shadow Education Secretary about the forced academisation issues at Byron Court Primary School.

Barry Gardiner calls for Byron Court to be given 6 months to demonstrate improvement via a reinspection

 

 

In a letter to Gillian Keegan, Secretary of State for Education, Barry Gardiner MP for Brent North, calls for Byron Court to be given a chance to improve with the assistance of govrnors and  the Rapid Improvement Group that is now in place. He suggests a period of six months, two of which are holidays, before an Ofsted reinspection takes place. If successful this could mean that Byron Court remains a community school rather than face the disruption and turmoil of academisation.

Gardiner cites the rapid expansion of the school to 5 form entry (opposed by the local community) that made it bigger than some secondary schools and the absence of the headteacher through sickness as contributing to the problems of the school. A falling school roll, after the expansion, put additional pressure on the school as it attempted to manage a much bigger school estate.

Quoting the NEU's criticism of the Ofsted inspection process and its impact on the staff's wellbeing, Gardiner says that if the inspection had taken place under the new guidance issued after the death of Ruth Perry, the inspection would not have found as it did.

 

The arguments against the expansion of Byron Court into a 'mega-primary' were reported on Wembley Matters in 2016 HERE.

 

Barry Gardiner fronts new documentary on leasehold giving leaseholders a voice at last

 

Barry Gardiner. MP for Brent North, has long fought for leasehold reform and has been frustrated by lack of government action.

He has taken the unusual step of presenting and taking part in a 42 minute documentary on 'Leasehold -millions unable to move or sell'. 

The documentary can be viewed HERE

 

LEASEHOLD is the new 42-minute documentary which tells the story of the millions of leaseholders now trapped in their own homes, unable to sell or move apartment. The programme examines the need for better rules to govern apartment management and construction.

 

Since the Grenfell disaster, the government has introduced legal changes which have meant many homeowners are now unable to secure a mortgage on their property and face mounting new costs.

 

The show is presented by Labour MP Barry Gardiner and visits residents across the UK from London to Manchester meeting those affected by years of uncertainty, building misery and increased bills.

Fire union warns of “criminal complacency” after Wembley cladding fire,. Barry Gardiner slams building manager Octavia

 

Yesterday's fire in Elm Road, Wembley Central

 

 From the Fire Brigades Union

 

At least 125 firefighters and 20 fire engines were called to a cladding fire in Wembley yesterday, 29 January.

Matt Wrack, Fire Brigades Union general secretary, said: 

 

Firefighters have once again been called to cladding fire which could have resulted in tragedy. 

 

The Fire Brigades Union warned of the risks of flammable cladding many years before the terrible Grenfell Tower fire. Decades of deregulation have created unnecessary risks to residents and firefighters, and put homes and lives at risk.

 

Government ministers and building companies have been criminally complacent. We will continue to demand justice for the victims of this situation, and urgent action to ensure that buildings are safe.

 

Meanwhile speaking to the Kilburn Times LINK, Barry Gardiner MP for Brent North, slammed Octavia Housing who manage the block:

Our worst fears have happened. The nightmare that residents have been living with has become a reality.

Octavia Housing, who manage the block, were repeatedly warned this could happen. Yet they sat on their hands and did nothing.  This will be traumatic for all the residents who live in Elm Road. 

 Six years on from Grenfell, three years on from being advised the cladding was unsafe, Octavia has done nothing to remove the cladding or even make any attempt to advise residents trapped in their small flats when the work would commence or who would pay for it. 

Octavia responded to me in December and said they were unable to share any information on the fire safety reports on the advice of their solicitors

On Twitter Peter Apps commented:

Note:

Brent Council have a statutory duty to publish a safety case report for all the 41 buildings in scope of the Fire Safety Act by the 6th April 2024.

 

Leasehold Advisory Service chief on commonhold and ban on further leasehold build

 The replacement of leasehold by commonhold came up yesterday when Martin Boyd, chairman of the Government's Leasehold Advisory Service appeared before the Leasehold and Freehold Reform Bill Committee LINK.

Asked about the risks in the switch Boyd said:

Yes, there are risks. Currently, we do not have a viable commonhold system. Even if the Government were to come forward with the full Law Commission proposals, those had not reached the point where they created all the systems necessary to allow the conversion of leasehold flats to commonhold flats. I see no technical reason at the moment why we should not move quite quickly to commonhold on new build for extant stock. I think it will take longer—and, at the end of the day, conversion will be a consequence of consumer demand. People would want to do it. On my side, I would not want us to convert to commonhold, because I could not yet be sure that it would help to add to the value of the properties. It would make our management of the site a lot easier, but I could not guarantee to anyone living there that it would add to the value of their property—and that is what people want to know, before they convert.

Later in the session he added:

I am proud to say that it was LKP that restarted the whole commonhold project in 2014. At the time, we were told, “The market doesn’t want commonhold.” The market very clearly told us that it did want commonhold; it was just that the legislation had problems in 2002. One of our trustees, who is now unfortunately no longer with us, was part of a very big commonhold project in Milton Keynes that had to be converted back to leasehold when they found problems with the law.

I think the Government have been making it very clear for several years that they accept that leasehold’s time is really over. I do not see any reason why we cannot move to a mandatory commonhold system quite quickly. What the developers had always said to us—I think they are possibly right—is that they worry that the Government might get the legislation wrong again, and they would therefore want a bedding-in period where they could test the market to ensure that commonhold was working, and they would agree to a sunset clause. They had fundamentally opposed that in 2002, and we managed to get them in 2014 to agree that, if commonhold could be shown to work, they would agree to a sunset clause that would say, “You cannot build leasehold properties after x date in the future.” I think that that is a viable system.

 Earlier in the Committee hearing Barry Gardiner, MP for Brent North, had asked about a potential right of leaseholders' right to withhold service charges:

You nicely lead me to my other question, which concerns something else that was in the 2002 Act but was never brought into effect: the provision that, if the landlord had not complied with the rules around service charges and the charges were unfair, leaseholders should be able to withhold their service charge. I have no idea why that was never brought into effect, but would it be a good idea? The Bill sets out extensive obligations that have to be followed in relation to service charges. If those are not followed, should leaseholders have the right to withhold the service charge?

Martin Boyd replied:

 I can tell you why it did not move forward. One of the reasons it did not move forward is that, when there was a consultation, the organisation that I now chair argued very strongly against the implementation of that section. That was one of the things that annoyed me when I found out about it over a decade ago. It is not something that we would argue for now.

Asked by Gardiner if this would be a good clause to insert into the Bill, Boyd replied,  'It was a very good provision, yes.'

 

Barry Gardiner and Dawn Butler sign EDM calling for a halt to British arms exports to Israel

 Barry Gardiner (Brent North) and Dawn Butler (Brent Central) are among 66 MPs (SNP, Labour, Green and Independent) who have signed Early Day Motion EDM 177 on Arms to Israel.

The motion reads:

That this House notes with deep concern that UK-made military equipment and technology is being used by Israel, including in its most recent bombardment of the occupied Gaza Strip which has resulted in thousands of deaths and injuries; expresses alarm at reports by the UN Commission of Inquiry on the Occupied Palestinian Territory, Human Rights Watch, Amnesty International and others of violations of international humanitarian law and human rights law by Israel, including apparently unlawful attacks that may amount to war crimes; further notes that Israel uses military technology and weaponry, including surveillance technology, in the broader repression of Palestinians across Israel and the occupied Palestinian territory; is therefore alarmed by the granting of and continuation of extant UK licences for export to the Israeli military of arms and arms components including for aircrafts, helicopters, drones, missiles, military technology, armoured vehicles, tanks, ammunition, and small arms; reminds the Government that under international and domestic law, the UK is required to prevent the transfer of military equipment where there is a clear or overriding risk that such exports might be used to commit or facilitate a serious violation of international humanitarian law or international human rights law, as affirmed by Articles 6 and 7 of the Arms Trade Treaty, and criteria one and two of the UK’s Strategic Export Licensing Criteria; and therefore calls for the Government to immediately halt all transfers of military equipment and technology, including components, to Israel, and to suspend the issuing of new licences.

RAAC affected St Gregory's School desperately searching for portacabins for next week's school start

 St Gregory's Catholic Science College - Kenton

 

inews is reporting that St Gregory's Catholic Science College is desperately trying to get portacabins for Tuesday's return to school after being informed that they are one of the school's affected by the  government announcement on lightweight concrete (reinforced autoclave aerated concrete - RAAC)  in school buildings. 

I understand that it is the Maths Block at the school that is affected.  Brent Coucil said that efforts are being made to prop up the affected areas and children should be able to return on Tuesday as planned.

Help from the Department of Education has not been quick enough, Barry Gardiner, Labour MP for Brent North, told inews.

The MP said the Department of Education should have been working to help the school, and others affected, to put measures in place swiftly over the summer break.

That work is going on tomorrow and over the weekend – but this is what I mean, the department is leaving this absolutely to the last minute and is trying to say it’s the responsibility of the schools.

No it’s not, it’s the responsibility of the department to be helping the schools. The schools have no budget for this.

 He said three other schools in his constituency were suspected of having RAAC – St Joseph’s Primary, Michael Sobell Sinai School and Kingsbury High School. Those schools require survey work to investigate whether they contain the at-risk material.

Wembley Matters has contacted the school for a statement once parents have been informed of arrangements. 

None of the school's named are the direct responsibility of Brent Council being voluntary aided or academies, but the council does have overall responsibility for the safety and wellbeing of the borough's children.

Local MPs, councillors and union activists rally behind the workers at St Mungo's homelessness charity seeking a decent wage

 Apologies for sound quality - not very good PA combined with traffic noise. Speech summaries below.

 

Workers for the homelessness charity St Mungo's, currently striking for a decent wage when the charity's executives are paid large salaries, received support in Wembley on Friday when a solidarity rally took place outside Brent Civic Centre.

Dawn Butler, Brent Central MP, spoke first but had finished by the time I got there. Brent North MP Barry Gardiner told the rally that the government was trying to make people insecure in their employment as a way of  keeping them down. He said, 'We won't buckle down, we won't touch our forelock and say if that's all you can afford, thanks very much then. Because that's not the way trade unions operate, so I stand with you, keep up the fight and solidarity.'

Muhammed Butt, leader of Brent Council, in a speech that was hard to hear, said that the work at St Mungo's was important. He said that as a council they would take the dispute up with St Mungo's to make sure that the dispute process was open, fair and transparent. He, councillors and the Labour Group were commited to fair pay: 'We'll make sure you guys get a fair day's pay for a fair day's work.' [St Mungo's get a good proportion of their income via contracts with local councils.]

A Unite organiser said that the workers had a mandate for indefinite industrial action. He said that there had been other issues as well as the current pay dispute with the charity including a glass ceiling on pay, bullying and harassment and dismissal and attemnpted dismissal of their union members. They had made it clear to the employer that enough was enough and they were not going to put up with it anymore.

The employers thought the strikers would buckle within a couple of weeks and brought in agency workers, ahead of the workers being forced to return. Instead the strike and the momentum of the campaign had grown.

The union was now looking at what extra steps they could take and had a plan to take the fight to the directors, the trustees, and the funders who hold the purse strings. They would be contacting those with whom St Mungo's had business links, the City of London, and other charities linked to St Mungo's.

He concluded by saying that a 10% salary increase was needed at the very minimum/

Jonathan Ffuxman, Secretary of Brent Trades Council and a member of Doctors in Unite, said that this was a battle for control of the charity. He said that it beggared belief that a respected charity was a cash cow for its executive while the workers, who helped people off the street to restore their lives, got the minimum wage, were  bullied and harassed and were completely over-worked.

As a GP  he had seen the work St Mungo's did from his Practice.  Life expectancy for homeless people was just 45 years. St Mungo workers are the people who are picking them up from the street, giving them somewhere to stay and helping them. It was an essential service and, 'What do they get? The minimum wage.'

He appealed for support from the labour movement against the background of strikes  by doctors, nurses and others who are fighting back.

'If you are not in a union - join one.  If you are in a union - get active. Make your union do stuff. Every union needs to be fighting hard and showing solidarity.'

Cllr Gwen Grahl, a member of the Brent Cabinet with a background in working for charities said that over the last few decades the charity sector had become more like corporations with executive earning big salaries while there were povery wages for the workers and the use of fire and rehire  and zero hours contracts. She said some charities then undermined the permanent workers by introducing agency staff: 'I fully support you and will join your picket line on Friday.'

Cllr Jumbo Chan, who is a member of the NEU which is also currently in dispute, said that workers were being blamed for other crises that were going on at the moment including the economy.  

He told the strikers, 'The bosses think they are getting away with it, but by say "No!" you are doing something powerful. You are puncturing not just the bosses but a powerful narrative that is supported by politicians, economists and academics.  There is no law that says bosses can earn whatever they want and workers always have to take what they are offered.'

Chan said that the strikers were facing a titanic struggle but have the labour movement behind them and full support.

Responding to the speeches a St Mungo's worker thanked the speakers and those attending and said it really meant something to the strikers. He said they were fed up with the lie that they had to accept 3% a year when price rises were in double figures. 'Enough is enough' had to start meaning something. They had gone into a meeting with management on Tuesday really hoping that there would be a sensible offer but nothing came. It was a waste of time and they now had no option but to escalate the action.

He concluded, 'We are getting more confident as this dispute goes on and we are not going back in there until we have won.'

Supporters are asked to join the picket line from 8.30am on Friday at the St Mungo's facility in Pound Lane Willesden, just opposite the bus garage entrance.

Barry Gardiner opposed Barham Park development in 2021 so why silent in 2023?

 

I am grateful to a Wembley Matters reader for the link he sent to a letter  from Barry Gardiner opposing one of the proposed planning applications for the site in Barham Park, The letter was sent to Gerry Ansell, Brent Council's Head of Planning in May 2021 LINK.

Although the specific application was different (larger and higher) to that approved yesterday, most of the  arguments used still apply. I draw attention to the last line of the letter: 'I would ask that the application be rejected and the use of the land be returned to the people of Wembley in deference to the principle of Titus Barham's bequest.'

The letter:

Planning Application 21/1106  776 and 778 Harrow Road.

I am writing to express my strong personal objection to Planning Application 21/1106 which concerns the former park keepers' houses in Barham Park. I understand that the applicant is seeking to demolish these houses and erect a four storey residential building comprising 9 self-contained flats with roof top terrace and associated access, parking and landscaping.

I originally objected to the sale of the properties in 2010 and I was advised the following year that they were to be leased to a housing association for reuse by families on the Council's housing register. I was therefore appalled when, contrary to assurances, it became apparent that the sale had gone ahead in 2012.

I then objected to Planning  Application 14/2078 in 2014 arguing that the Housing was only ever appropriate on this land as it was built as tied accommodation for the park wardens and it would be totally wrong if the site were to undergo extensive redevelopment, I was therefore pleased when planning permission for application 14/2708* was rejected.

Having seen the proposed plans for this current proposed application, my strong objections to the redevelopment of this site remain. I am very concerned by the height of the new proposed development, which is one-storey higher than the proposals in 2014. I also fear that the inclusion of a roof top terrace on a building within a park, may lead to visitors of the park feeling uncomfortable and overlooked.

Barham Park is extremely important within the local community and has a specific historial significance which appears to be lost on the developer. Barham Park is also home to the war memorial where every year services are held and wreaths laid to remember those who, at their country's call, left all that was dear to them to hazard their lives in the cause of freedom. For all these reasons the Park should be regarded as a special place within the Borough and should be protected from this development.

While I appreciate that it was a council of a different political complexion which originally sold off the existing properties in the Park, the current Council should not allow that negative event to set a precedent for further despoilation. The existing houses and their gardens are within the Barham Park Estate and the Planning Committee are fully aware that this was bequeathed to the people of Wembley in 1937 for their use and enjoyment in perpetuity,

I would ask that the application be rejected and the use of the land be returned to the people of Wembley in deference to the principle of Titus Barham's bequest.

 

*discrepancy in the application reference numbers is in the original letter

It is time for Barry Gardiner to speak out on Barham Park and match his 2010 pledge to protect it from development

 

Yesterday I tweeted Barry Gardiner MP to ask him to intervene in the Barham Park issue where George Irvin has applied to build four 3 storey houses in a site in the park. The existing pair of  modest houses were originally for park workers so had a connection with the park.

Today an election leaflet from 2010, when the General Election and local elections were held on the same day,  has come to light that shows that 13 years ago the Brent North MP made an election issue of what he claimed were Lib Dem plans to build on the park:

 

 

Apparently the then Brent Council Executive (Lib Dem-Conservative Coalition) had rejected the proposal to build in the park.* 

The question now is, 'Why is Barry Gardiner silent on plans going forward to Planning Committee to build houses in the park? He could make his views known to the public and it is open to him to make representations at the Planning Committee. He could even write to the Trustees of Barham Park, chaired by Brent Council leader Muhammed Butt, to ask them to fulfill their obligation to protect the park and  enforce the covenant protecting the park from development. 

I presume Barry Gardiner still believes what he said in the 2010 leaflet, about protecting the park  - surely it cannot be just  something he said  at election time?

 

 

* In 2010 Barry Gardiner was attacking Liberal Democrat and Conservative councllors who decided to use the two empty houses in the park for decanting purposes as part of the total rebuild of the 215 crumbling flats in Roundtree and Saunderton Road council estate on the opposite side from Barham Park.

Barry Gardiner was opposing the sale of the two houses to  the Notting Hill Housing Association and claimed that Brent Council was planning to build a massive 20 storey tower (see leaflet image) block in Barham Park.

In reality I understand the then Executive was advised that Notting Hill was interested in the two houses and wanted to redevelop the site for a "small" number of flats to help with the decant while the Estate was being rebuilt. When Notting Hill overstepped the mark and proposed a block of 14 flats on the site they were turned down and the proposed sale to them was aborted.

 

Barry Gardiner lambasts the government's Minimum Service Levels Bill

When I was young newspapers used to publish long account of parliamentary speeches but this has long ceased to happen, instead we have the BBC Parliamentary Channel that few watch, except on special key or theatrical occasions.

I think it is worthwhile to publish in full Barry Gardiner's speech on government proposals to impose minimum service levels on strking public service workers.  He pinpoints the weaknesses and dangers in the proposed legislation.

I refer the House to my entry in the Register of Members’ Financial Interests as a proud union member.

The Bill is an affront to Parliament. It will not protect the public, it will worsen industrial relations and it will undermine the unity of the United Kingdom. It should be voted down tonight. There has been much heated argument about the provisions in the Bill. On all the moral and pragmatic arguments, I stand firmly on the side of working people and their right to withdraw their labour, and against what the Government seek to do in the Bill. However, I do not consider that those moral and pragmatic arguments are likely to change the minds—or more importantly the votes—of Conservative Members. I therefore want to put forward an argument against the Bill that I believe they both can and should accept: it is damaging to our constitution and to the Union.

The reason the Bill is so short is that it delegates to the Secretary of State the power to set out all the relevant law in regulations through statutory instruments—regulations which receive only the most minimal scrutiny in this place and cannot be amended. So it is the Secretary of State, not Parliament, who will make regulations to determine the levels of service in relation to strikes, who gets to define the nature of the services to be provided, the number of people who are to provide them, the time at which they are to be provided and the manner in which they are to be provided during a strike. Extraordinarily, the Bill also proposes that the Secretary of State should have the power by regulation to

“amend, repeal or revoke provision made by or under primary legislation” in this House. So statutes passed by Parliament can be amended by regulations drafted by the Minister without full parliamentary scrutiny. In a recent report by a Committee of the House of Lords, “Democracy Denied?”, their lordships state:

“A substantial groundswell of concern is developing about the shift in power from Parliament to ministers.”

This Bill is perhaps the most egregious example yet of a measure brought forward by an increasingly autocratic Executive to strip Parliament of its role in determining what, for many of us, is a critical area of employment and human rights.

It gets worse. The primary legislation that the Secretary of State can amend or repeal is defined to include an Act of the Senedd or the Scottish Parliament. That should set alarm bells ringing for all of us, nationalists and Unionists alike. What is being proposed is that the Secretary of State in Westminster should have the power by regulation to override devolved legislation passed by the Scottish Parliament and the Senedd—and to do so with minimal scrutiny in this House. If the Executive had intended to provoke constitutional outrage and call into question the very basis of the devolutionary settlements, they could not have designed a piece of legislation better guaranteed to do so.

That the Secretary of State in Whitehall should claim the power to legislate by regulation to interfere in devolved areas of government and to impose restrictions in different parts of this Union on the right to strike in transport, education, health and other public services in Scotland and Wales is more than unwarranted. It is more than inappropriate. It is a deliberate provocation and offence.

I call on all Conservative Members, if they care about the Union at all, to vote against this wrecking ball of a Bill, which will only provide succour to those voices seeking to destroy our constitutional settlement and our United Kingdom. Under the Bill, the employer has the unilateral right to identify in a work notice the individual workers required to operate the MSL. A worker who refuses to comply after having been requisitioned in this way will lose unfair dismissal protection.

The Government are thus authorising employers to do what not even a court in this country can do. Under the Trade Union and Labour Relations (Consolidation) Act 1992:

“No court shall…compel an employee to do any work or attend at any place for the doing of any work.”

However, once the union is notified of the identity of the workers to be requisitioned, the Bill requires the union to take “reasonable steps” to ensure that all its members identified in the work notice comply with it. It is ironic that, under the Bill, the same trade union may be required to discipline or expel— (cut off by Speaker).

LETTER: The Minterne Road development will be an eyesore and infringe our privacy

 

Dear Editor,

 

I hope you are keeping well.

 

I wish to raise the granting of planning permission by Brent Council for a 4 bed house at Minterne Road, Harrow, HA3 9TA  in your publication Wembley Matters.

 

Planning Reference: 22/1386

 

All the neighbours of adjoining properties have raised objections on two occasions with Brent Council and in total there are 8 objections. In spite of this Brent Council has made a one-sided decision to proceed with this development as it suits their interests and without giving any consideration to the objections of residents in the area.

 

I had also participated in the Brent Planning Committee meeting in person on 16th November 2022 plus this objection was also raised in March 2022 with MP Barry Gardiner and Cllr Eleanor Southood but unfortunately there was no response.

 

This development is an eyesore and will affect the neighbour’s privacy, overlooking into their garden, kitchen, dining and bedrooms. None of the houses on Dorchester way have such a development overshadowing more than half of the immediate neighbours’ gardens so it is naturally out of character for the area.

 

DK (address provided)