It's simple: my taxes should not go to a war profiteer like Veolia

Presentation by Dan Judelson of Jews for Justice for Palestinians and a Labour Party member to Brent Executive 14 October 2013. The Executive voted to give the 9 year multi-million Public Realm contract to Veolia.

Collecting waste is one of the most basic, fundamental responsibilities of a council. Ask someone what they want in terms of local services and chances are high that they will begin any such list with “empty my bins.”

Over the last three and a half decades, there has been an enormous change in the delivery of these services and a particular upshot of that is that a waste collection contract may now be part of a lucrative business.

So it is entirely understandable that Brent residents should ask questions about where council money is being spent. One of the bidders – the remaining bidder – for this public realm contract is part of a company that derives income directly form illegal activity.

I do not want to rehash in detail all of the arguments about how this happens; I know councillors and executive members will already be aware of much of this thanks to the debate over the past few months. Yet it is worth reminding ourselves of the basics of what happens at the Tovlan landfill site, operated by Veolia, in the Jordan Valley.

It handles waste from illegal Israeli settlements on land that would form part of the putative Palestinian state. Not a pennyworth of licence fee is paid by Veolia to the Palestinian authority for this privilege. In the meantime, Israeli institutions from the government to the Army to local settlers are actively trying to take over and control the Jordan Valley.

The government of Israel financially promotes illegal settlement in the Jordan Valley. According to the Israeli NGO B’tselem ,”the average grant per capita to Israeli settlers in the West bank [has been] approximately 57% higher than the average expenditure per capita for Israeli citizens inside Israel.”

Furthermore, the head of the Jordan Valleys settlers group has stated explicitly that “Approving the programme [of expansion] will change the face of the Jordan Valley beyond recognition – beyond recognition – and attract returning sons and families from outside to come to the region. Although a political cloud – an interesting euphemism – hangs over the region, this is the way to attract residents. (Italics mark my emphasis.)

So it is crucial to recognise that we are not talking about some abstract or vague connection with illegal activity. Operation of the Tovlan site contributes directly to sustaining illegal settlements and their expansion in the Jordan Valley, something that has been acknowledged as illegal by governments around the world – including that of Israel – since at least 1968.

These are issues that have been raised during the campaign but I raise them now because they leave a number of questions unanswered.

1. We have heard that Brent Council Procurement and Legal Services have been determined to exclude such political factors from the bidding process on the basis of a legal opinion but we have heard also that this advice has been embargoed. Brent Council has to explain, why the exclusion, why the embargo?

2. We have heard, too, about the potential for legal action from Veolia should they be excluded from the bidding process. Yet they have been excluded or have not been awarded contracts in the West Midlands, in Ealing, Richmond and East Sussex. They have been denied business in Dublin. Utrecht and The Hague – not to mention, far closer to home, the North and the West London Waste Authorities. I would like to know if Brent Council consulted with any of these bodies to try ad establish the ground on which these contracts were not awarded or the bidder excluded from the tendering process.

3. Current EU guidelines state that the EU will not enter into any contract or relationship with a company or organisation that operates in the illegally occupied West Bank. This is sure to affect EU law across the 27 states over the duration of the public realm contract being discussed here tonight. Has this factor been considered by the council executive?

4. Given what we know about Veolia’s operations in the West Bank, what consideration has been given to attaching conditions or riders to this very long contract, offering Veolia an opportunity to divest itself of the illegal operations we have heard about tonight.

Councillors, there are members of the Green Party, the Labour Party, of Stop the War, of Brent PSC and I myself am a signatory of Jews for Justice for Palestinians. But we are here tonight to decide the best course of action for Brent residents no matter what their political allegiance of campaign affiliation.

Hello. My name is Dan Judelson. I have lived in Algernon Road, Kilburn for the past 15 years and as a Brent resident and council-tax payer, I object most strenuously to my taxes going to fill the coffers of a war profiteer like Veolia. It’s as simple as that.

Brent Officers recommend Veolia gets multi-million pound Public Realm contract

Usually well informed Brent Council sources say the the Brent Council Executive on October 14th will be recommended by officers to award the new multi-million Public Realm contract to the controversial French multi-national Veolia.

The contract covers waste collection, recycling, street sweeping, parks maintenance, cemeteries maintenance and grounds maintenance for Brent Housing Partnership estates.

The Bin Veolia in Brent Campaign has called on the Council to exclude Veolia from the lucrative contract on the grounds of its grave misconduct. The allegations relate to Veolia's operations in the occupied territories of Palestine where it helps maintain the infrastructure for illegal Israeli settlements on stolen Palestinian land.

Bin Veolia in Brent argue that Brnt council tax payers' money should not be used to enrich a company involved in the undermining of Palestinian human rights. Brent Council, representing a diverse population and committed to social justice, should ensure that it only awards contracts to ethical companies - just as pension fund investments are subject to an ethical test..

The Bin Veolia campaign's argument was backed by the General Committees of both the Brent Central and Hampstead and Kilburn Labour Parties, many individual Labour, Liberal Democrat and Green party members as well as Brent Trade Union Council and Brent members of Jews for Justice for Palestinians.

More than 2,000 people signed a petition calling for the exclusion of Veolia from the contract. There were speakers supporting exclusion at many of the last round of Brent Connects forums. Their comments were referred to Cllr Roxanne Mashari but the petition was referred to Fiona Ledden, head of legal and procurement and no response has been forthcoming.

Throughout the process Bin Veolia in Brent and Brent Palestine Solidarity Campaign have published their legal advice on the issue. For their part Brent Council officers have been obstructive and despite Freedom of Information requests have refused to publish the  legal advice  they have obtained.  This made it impossible for the campaigns to answer legal points taken on board by the council. It is likely that the council's failure to be transparent and answer genuine questions from residents could be grounds for a judicial review.

An attempt by Liberal Democrat councillors to raise the issue at a full council meeting was ruled out of order on the advice of officers.

A spokesperson for the Bin Veolia in Brent campaign said:

If the sources are correct then Brent councillors on the Executive need to seriously consider rejecting the officers' recommendation. The Council only recently awarded the Freedom of Brent to Nelson Mandela, a man who said he could never be free until the Palestinians are free. Back in the 80s the Labour Brent Council was in the forefront of the struggle against apartheid in South Africa and despite officer advice at the time did take a stand against awarding IT contracts to firms operating in South Africa.

Brent Labour Council should stand up for the freedom of Palestinians, not give our money to a company that helps oppress them.

The agenda for the Brent Executive will not be available on the council website until the weekend.

Cupcakes challenge Coalitions's divide and rule tactics

 

Incensed by the UKBA's recent raid on Kensal Green station. when officers appeared to be stopping and questioning commuters on the basis of their race and ethnicity, local residents today set up a free cupcake stall with a message.

Cakes bearing the slogans 'UKBA sucks' and 'I love Immigrants' were give out along with leaflets and cards informing people of their rights if stopped by the UKBA.

The unique protest soon gained customers, once they had got over the initial shock of something being given away AND being warmly greeted.

Underlying the fun and sugar rush was a serious message:

This community will not standby while people are stereotyped, scapegoated, bullied and victimised.

We will not allow the Coalition, competing with UKIP for the racist vote, to divide and rule us.

UK Border Agency target Brent station in check for 'illegals'

 

UK Border Agency at Kensal Green station this morning (via@mattkelcher)

Monday morning commuters at Brent's Kensal Green station were shocked this morning to find a group of black-clad heavies in the booking office stopping passengers as they tried to get to work.

It was the UK Border Agency doing checks on the immigration status of targeted individuals. I saw a similar raid at Wembley Park station in the evening rush hour about 6 weeks.

I found the sight sinister and disturbing, especially when one young woman was surround by between 6 and 8 border guards questioning her in front of passing commuters who were possible her neighbours.

A threatening and humiliating experience.

This morning's raid sent shock waves around the borough as it appeared to coincide with the controversy around the 'racist van' campaign which told 'illegal' immigrants to 'Go Home or face arrest'. Cllr Butt, leader of Brent Council and ace Tweeter PukkahPunjabi from Willesden Green have been in the forefront of resistance to what they view as a crude campaign by the Tories to win back votes from UKIP. Sarah Teather, Brent Central's Lib Dem MP condemned the racist van campaign and was followed on Sunday by Vince Cable who called it 'stupid and offensive'.

Is this the Home Office's response?

 Advice for people stopped in such raids is available HERE

Twitter's creative response to 'racist van' update

The 'racist van' has spawned some creative responses on Twitter:

Historical precedent

Muhammed Butt debates 'racist vans' on Radio 4

Brent Council leader Muhammed Butt last night debated the issue of the Home Office 'racist vans' which are touring six London boroughs with the message 'Go Home or Face Arrest'.

The debate, on Radio 4's The World Tonight, begins at 24.25 LINK

Anger and action building on racist vans

The campaign against the 'racist vans' is attracting support across Brent and further afield. Ideas so far include direct action when the vans are seen in the area or we find where they are garaged. Send information via Twitter using #racistvan

Meanwhile:

Inundate the text number on the van advertisement for 'help in getting home' with requests for cabs etc HOME 78070

Complain to Advertising Standards Authority http://www.asa.org.uk/Consumers/How-to-complain.aspx

Complain to advertising agency concerned http://www.promobikes.co.uk/contact.php Twitter: @promogroupuk

Add comments to Guardian site:

http://m.guardian.co.uk/commentisfree/2013/jul/23/anti-immigrant-ad-campaign-racism?CMP=twt_gu

A solictors' form has contacted me re possible legal action and I'll let you know outcomes of any discussions.

Good riddance to Michaela's monster advertisement tomorrow

The Michaela Free School proposers are to take down the illegal giant advertisement they put up on Arena House, Wembley Park, tomorrow according to the Kilburn Times LINK

The issue of whether planning permission had been granted  for the huge hoarding was first raised over the weekend on a Tweet to Brent Council by Wembley Matters, following information from a resident that planning permission had been refused for a similar sized banner back in 2008. Brent Council quickly took the matter up on Monday morning

Although Michaela tried to wriggle out of it, claiming that the advertisement was only going to be there for a few days and they had intended to take it down tomorrow, they seem to have been caught with their trousers down. They even had the audacity to offer the advertising space to anyone else who wanted to use it as they 'want to be part of the Brent Community'!

Perhaps the Anti-Academies Alliance or Brent Fightback should ask to use the space.

School financial mismanagement under scrutiny tomorrow

Following the controversy at Copland High School over allegedly illegal bonus payments, Brent Council has tightened up its audit arrangements. The 'Copland Six' are still to stand trial but meanwhile several other head teachers and other staff have been suspended while the possibility of financial management irregularities are investigated. Some have faced disciplinary action leading to dismissal.  There has been publicity about these events in local newspapers and the Evening Standard and the Times Educational Supplement.

Some commentary has suggested that this is a particular problem in Brent while others have suggested that the problem occurs elsewhere but because of Brent's experience it has been better at uncovering it. Generally there is a concern that as schools become more independent of local councils, being set up as 'free' schools or when they convert to academy status, that there may be more occurrences.The report from the Director of Finance and Corporate Services and the Director Children's Services which will be considered on Thursday by the Children and Young People Overview and Scrutiny Committee states that Copland, as a foundation school, had made its own audit arrangements, rather than be visited by the local authority team, until 2009: 'The significant additions (to pay) were not picked up during any of the external audits conducted annually at the school.'

Although there may be deliberate attempts as fraud it may also be the case that some of the occurrences are the result of inexperience or incompetence on the part of headteachers and governing bodies. Although the local authority offers financial training to headteachers they do not have a business management background and their main task remains the management of teaching and learning.

Two main issues have emerged which the report says the Council has addressed:

Senior Leadership Pay: a key issue that had been identified through the audit process relates to schools complying with the statutory requirements regarding the setting of pay levels for Headteachers and other Senior Leadership posts. The regulations are complex but nevertheless compliance with them is a statutory requirement and a comprehensive action plan was put in place by the Council to both support and challenge schools to ensure compliance. A great deal of progress has been successfully made as set out in Appendix C which shows the detailed action undertaken by the Council. Further on-going work is necessary to ensure continued
compliance with the regulations.

Leasing: In 2010, the Council identified that a number of schools had entered into very unfavourable leasing arrangements with large finance companies for the hire of equipment such as photocopiers. The Council is of the view that these leases should be treated as being void from the outset, as the schools in question did not have the legal power (‘vires’) to enter into them. If the leases were enforceable, they would have a negative impact on the schools’ financial positions. There are various grounds as to why the Council argues the leases should be considered void. The Council has taken the following action in order to protect the public funds exposed to these purported leases:

• Sent a number of letters and uploaded intranet postings clarifying the importance of complying with the leasing requirements set out in the Council’s Financial Regulations.
• Arranged for Council officers to meet with school officers where appropriate in order to discuss leasing issues.
• Hosted a number of presentations at Governor, Headteacher and Bursar meetings, clarifying the requirements of a lawful lease and offering support to schools that may have ostensibly entered into leases which are void in law, in order to encourage schools to obtain legal advice.
• Referred schools to the Council’s internal and external solicitors who are able to advise the schools (the content of the advice is confidential and subject to legal privilege).
• Obtained advice from a QC (the content of which is confidential and subject to legal privilege).
• Facilitated court action: A number of schools have stopped paying the sums purportedly due under these purported leases. As a result, one finance company has issued legal proceedings against two separate schools for amounts allegedly due. The Council’s solicitors have been instructed by the two schools to defend these claims. The schools are counter-claiming for restitution of the sums paid under the purported leases. The cases are on-going.
• Released guidance to all schools setting out the framework agreements
available, in order to help schools purchase or lease equipment at favourable rates.
• Hosted regular leasing / procurement training sessions with school bursars.

Using a traffic light system of Assurance about Audut Outcomes for audits in 2011-12 the report gives 7 primary schools a green light (substantial), 9 an amber (limited) and 4 a red (nil). The report gives a long list of issues that have been identified 'in the majority of schools' over the last two years. These cover Governance, Procurement, Unofficial Funds, Budgeting, Income and Banking.

The Head of Audit's opinion reported to the Audit Committee for 2010-11 sums up some of the issues:

I also remain concerned about the apparent lack of financial control within a significant minority of the council’s schools and the general approach to internal audit findings. Whilst schools are responsible for their own budgets, they are required to adhere to both legal requirements and to financial regulations issued by the council. These ensure public money is properly spent and accounted for. A number of schools are demonstrating a lack of compliance with basic procurement regulations. This is placing schools at risk of failing to achieve value for money and at risk of potential legal challenge where EU procurement regulations apply.

In addition, a number of schools are failing to adhere to the national rules concerning teacher’s pay, specifically in relation to head teacher pay being outside the prescribed bandings determined by the school size. Although, in certain circumstances schools are permitted to pay above the maximum group range, I consider that in a number of cases these circumstances may not apply and school governing bodies may be paying above the ranges set out within the national conditions document to facilitate incremental increases in pay once the natural pay cap, relative to the size of school, has been reached. This is further exacerbated by Governing Bodies not always being diligent in their recording of the reasons for granting permission to exceed to cap thus placing the school at risk of challenge.

In response to the issue of headteacher (and thus deputy headteacher) pay being outside the criteria published in the School Teachers Pay and Conditions Document (STPCD)  the Children and Families Department in October 2011 asked chairs of governors to return headteacher pay information. The report states that 'many schools failed to respond to this request in a reasonable timescale and it is only now that a full picture is emerging' and schools are being supported and challenged to ensure compliance with the STPCD.

Clearly this report raises important issues about probity, accountability and governance and deserves thorough discussion tomorrow.

The meeting takes place at 7pm in Committee Rooms 1 and 2 at Brent Town Hall on Thursday  July 19th Agenda: HERE

Declaration of interest: I am chair of governors at two primary schools and a former primary headteacher - all in Brent. I do not have a Swiss bank account!