Total Visits

Tuesday, 12 March 2019

LAWYER STARTS CASE TO BLOCK EXTENSION TO ARTICLE 50 NOTICE.

 
LAWYER STARTS CASE TO BLOCK EXTENSION TO ARTICLE 50 NOTICE.

PRESS RELEASE

Robin Tilbrook, the Chairman of the English Democrats and a Solicitor, has started a case to block the UK Government from extending the Article 50 Notice or revoking it without having to get an Act of Parliament. 

The Civil Procedure Rules protocol letter which Robin has sent to the Government is set out below.  The Government had 21 days to respond, which means that the Court will be likely to rule that any attempt to extend was illegal and invalid after the 29th March and therefore when the UK will have already constitutionally left the EU.  The letter is attached. 

Robin Tilbrook said:-  “I am seeking funding to raise the necessary money to bring this case, which is of vital importance to all those of us who want to see a proper full Brexit implemented, to give full effect to the Will of the English People, expressed in a nearly two million vote majority in the 2016 referendum.”

“The constitutional law set out in the Gina Millar case is, in my legal opinion, clear and unchallengeable that any attempt to extend the Article 50 Notice or to revoke it without a specific Act of Parliament will be invalid and unlawful.  That would mean that if there has been a purported attempt to extend the Notice by agreement without an Act of Parliament that that would be invalid and therefore we would be out of the EU regardless of what the Government said we were.” 

Robin continued:- “For once this is an opportunity to make history through the courts which I hope will attract enough support to make bringing the case financially viable.” 


On the Party Website: http://englishdemocrats.party there is a donation button. Please use that to help us. 


Robin Tilbrook
Chairman,
The English Democrats




The Treasury Solicitor
Government Legal Department
One Kemble Street
London WC2B 4TS


Dear Sirs

Matter: In the matter of a Judicial Review
Letter Before Claim 

This letter is drafted under the judicial review protocol in section C of the White Book, which provides for a response within 14 days. Given the urgency of the matter, we would appreciate a response within 7 to 14 days.

1.    Respondent: Our clients provisionally identify three possible defendants: the Prime Minister (or, if necessary, the First Lord of the Treasury), as the person with overall responsibility for Brexit policy; the Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster; and the Secretary of State for Exiting the European Union.

2.    Applicant: Mr R C W Tilbrook for the English Democrats of Quires Green, Willingale, Ongar, Essex, CM5 0QP, and for and on behalf of the 15,188,406 voters in England who voted to Leave the European Union in the 2016 referendum.

3.    The details of the Applicant’s legal advisers, if any, dealing with this claim:-

Tilbrook’s Solicitors, of Quires Green, Willingale, Ongar, Essex, CM5 0QP
4.    The details of the matters being challenged:-

Any purported non-statutory Extension or Revocation of the United Kingdom’s notification to Leave the European Union given under Article 50 of the Lisbon Treaty.
5.    The details of any Interested Parties:-

Every person in England and in particular the 15,188,406 voters in England who voted to Leave the European Union in the 2016 referendum.
6.    The Issues:-

Following the Judgments of the High Court, of the Court of Appeal and of the Supreme Court in R (on the application of Miller and another) – v – Secretary of State for Exiting the European Union [2017] UKSC5 and the consequent enactment of the European Union (Notification of Withdrawal) Act 2017, there is no remaining discretionary prerogative power vested in Her Majesty’s Government to agree any extension to the Article 50 Notice, or to Revoke the said Notice without a further express Act of Parliament to authorise such Extension or Revocation. 

Accordingly any purported Extension or Revocation is void and of no effect. 

7.    The details of the action that the Defendant is required to take:-

What is sought from the Respondents is:

(i)             An undertaking that there will be no attempt to purport to vary the Notice given under the said EU Withdrawal Act except pursuant to an express Act of Parliament; and
(ii)           A formal admission that the Government admits that any such purported extension of the notice period or revocation would be legally invalid; and
(iii)         A formal admission that, in the absence of any further statute, the UK’s departure from the European Union shall go ahead as notified; vis: on the 29th March 2019. 

8.    ADR proposals:-

N/A
9.    The details of any information sought:-

Not applicable.

10.The details of any documents that are considered relevant and necessary:-

          Not applicable.

11. The address for reply and service of all documents:-

Tilbrook’s Solicitors of Quires Green, Willingale, Ongar, Essex, CM5 
 0QP

12.  Proposed reply date:-

14 days from the date hereof.

Yours faithfully


Tilbrook’s





Friday, 22 February 2019

ESSEX POLICE DIVERSITY CAMPAIGN

ESSEX POLICE DIVERSITY CAMPAIGN

 
Following a video blog article by “Sargon of Akkad” (Carl Benjamin) about Essex Police’s diversity recruitment campaign, I wrote to the Police Commissioner who I do know from previously being a candidate of Police Commissioner in Essex, as follows:-
 
17th December 2018
Dear Roger
Re: Essex Police racist recruitment campaign
I gather from the YouTube video below that your Essex Police Force are indulging in so-called “positive discrimination”. 
As you are probably aware “Positive Discrimination” is prima facie illegal under the Equality Act.  That is unless you are compliant with Sections 158 and 159 by having undertaken the requisite research to enable you to “reasonably think” that your “ethnic minority” recruits currently “suffer a disadvantage to their characteristic” and that such recruits are as qualified as English recruits and furthermore that you do not have a policy of treating ethnic minority recruits more favourably than English recruits and also that the actions that you are taking are “proportionate”. 
If you have undertaken such research and have documents showing your compliance with all aspects of the above, then please could you let me have copies (pursuant to the Freedom of Information Act)?
Whilst writing I would personally wish you and yours a very Merry Christmas and a Happy New Year!
Yours sincerely

Robin Tilbrook
 
 
For good measure I then also wrote to Essex Police itself as follows on the 18th December:-
 
Information Officer
Data Protection & Freedom of Information,
  Information Management
Essex Police
PO Box 2
Springfield
Chelmsford
Essex CM2 6DA
 
Dear Chief Constable 
Re: Essex Police racist recruitment campaign
I gather from the YouTube video below that your Essex Police Force is indulging in so-called “positive discrimination”. 
As you are probably aware “Positive Discrimination” is prima facie illegal under the Equality Act.  That is unless you are compliant with Sections 158 and 159 by having undertaken the requisite research to enable you to “reasonably think” that your “ethnic minority” recruits currently “suffer a disadvantage to their characteristic” and that such recruits are as qualified as English recruits and furthermore that you do not have a policy of treating ethnic minority recruits more favourably than English recruits and also that the actions that you are taking are “proportionate”. 
If you have undertaken such research and have documents showing your compliance with all aspects of the above, then please could you let me have copies (pursuant to the Freedom of Information Act)?
 
Yours faithfully
 
R C W Tilbrook
Chairman
 
 
In response I have had this from the Police Commissioner on 7th January 2019:-
 
Dear Robin

Thank you for your email dated 17 December 2018 in which you asked me to consider whether the current Essex Police BAME attraction campaign meets the ‘Positive Discrimination’ criteria, as defined in Sections 158 and 159 of the Equality Act, and if the campaign itself is ‘racist’.

I fundamentally reject the premise that the campaign is about discrimination in any way. It is wrong to describe it as amounting to positive discrimination and it is not in any way racist. I shall refute your assertions below and thereby demonstrate that the criteria in Sections 158 and 159 of the Equality Act do not apply.

The diversity recruitment campaign sits alongside Police Constable and Special Constable recruitment activity that is ongoing. No one is barred from applying to join Essex Police unless they fail to meet the eligibility criteria which apply to every applicant. The force’s ongoing police constable recruitment campaign, Fit The Bill, is a general-purpose attraction and recruitment campaign that is still live and is accessed from the front page of the recruitment section of the Essex Police website. It was promoted before the BAME attraction campaign, it is currently being promoted alongside it and it will be promoted again after the BAME attraction campaign closes. 

Government policy, parliamentary select committee recommendations and national policing strategy all set clear expectations that forces do more to ensure that they reflect the communities that make up their force area. Currently the proportion of BAME officers and staff at Essex Police stands at just over 2%, considerably lower than the demographic make-up of the county with around 7% of the population identified as being of BAME origin.

The diversity campaign is an attraction marketing campaign aimed addressing (i) the disproportionately low numbers of applications by black and ethnic minority persons for the role of police constable Essex has received in the past, and (ii) the under representation of black and minority ethnic people serving as police constables with Essex Police.  This is lawful, positive action, falling within the Equality Act 2010.

The attraction campaign was developed with regard to research and strategy including the National Police Chiefs’ Council Diversity, Equality and Inclusion Strategy and the Parliamentary Home Affairs Select Committee report on diversity in policing. The government response to that report stated:

“…increasing diversity in our police forces is not an optional extra. It goes right to the heart of this country’s historic principle of policing by consent. We must ensure that the public have trust and confidence in the police, and that the police reflect the communities they serve…  We believe that it is time for concerted action, prioritised across all forces, policing bodies and Government”.

The campaign was also informed by the National Centre for Social Research paper ‘Enhancing diversity in policing’.

I hope you now feel reassured about the context in which the BAME attraction campaign was devised and understand that it in no way seeks to recruit officers of any particular ethnic origin over any other. It is an awareness and attraction recruitment campaign to encourage all members of our different communities in Essex - who meet the eligibility criteria - to consider policing as a career.

Thank you for your good festive wishes. I extend mine to you and yours as well and wish you the very best for 2019.

Yours sincerely


Roger Hirst


Roger Hirst
Police, Fire and Crime Commissioner
Office of The Police, Fire and Crime Commissioner for Essex
 
I responded as follows on 10th January:-
 
Dear Roger

Thank you for your email on the 7th January

You talk about refuting my assertions in my email, however on reviewing my email I don’t think it can be fairly said that I made any assertions at all.  What I pointed you to was a YouTube video.  I wonder if you have watched it?  Perhaps you should, because it was in that where assertions were made about your campaign being racist. 

On one hand, I do however somewhat agree with the author of the YouTube, since, on the face of it, your “diversity recruitment campaign” does look, at first glance, as if it was treating people from different racial origins differently. 

On the other hand, I am however somewhat reassured by your comments that you are not in fact treating people differently.  

It is my belief that the official attempt to foster “multi-culturalism” by way of imposed policies under the oxymoronic heading of “Equality and Diversity” is part of the reason why all aspects of the British State are rapidly degenerating towards the point where even the simplest of tasks is beyond it.  This is increasingly because people are appointed because of tick box multi-culturalist tokenism instead of recruitment being strictly according to the ability to do the job.  In this regard I consider Government policy, Parliamentary Select
Committee recommendations and the National Policing Strategy all to be wrongly focussed on recruitment policies other than the traditional policing ones of recruiting a police force to maintain and enforce law and order. 

In my email I did ask you for your research justification and I note you assert that “currently a proportion of BAME officers and staff at Essex Police stand at just over 2% considerably lower than the demographic make-up of the County with around 7% of the population identified as being of BAME origin”.  Clearly there must be at least two items of research to back-up those statistics.  Please could you let me have those? 

I note that you pray in aid for “the National Centre for Social Research”.  This is a largely publically funded quango which states on its website that “we…believe in equality and diversity, and recognise that it is essential that people are treated with respect and dignity.  We believe that diversity enriches all our lives.
Legal and unfair discrimination, whether direct, indirect or by association, or perception, have become increasingly indefensible in today’s society.  A diverse workforce makes organisational sense, as it adds value by bringing staff with different experiences, knowledge and perspectives together.”

I hardly think there could be a clearer statement of the kind of thinking which disrespects English history, traditions and people and which has created the level of disenchantment with the direction of British Establishment policy which gave rise to the Brexit vote!

Yours sincerely


Robin Tilbrook
 
 
Then to my amusement I then had this response from Essex Police:-
 
From: Data FOI Essex <data.foi@essex.pnn.police.uk>
To: robintilbrook@aol.com <robintilbrook@aol.com>
Sent: Mon, 14 Jan 2019 9:23
Subject: FOI 12512

Thank you for your enquiry which has been logged under the above reference.
Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Sec1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at Sec1(1)(b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon s17 of FOIA requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) states (if that would not otherwise be apparent) why the exemption applies.
In respect of your enquiry:
I gather from the YouTube video below that your Essex Police Force is indulging in so-called “positive discrimination”.
The English Diversity Police – YouTube >>>https://www.youtube.com/watch?v=gsDeE29hfOc

As you should be aware “Positive Discrimination” is prima facie illegal under the Equality Act.  That is unless you are compliant with Sections 158 and 159 by having undertaken the requisite research to enable you to “reasonably think” that your “ethnic minority” recruits currently “suffer a disadvantage to their characteristic” and that such recruits are as qualified as English recruits and furthermore that you do not have a policy of treating ethnic minority recruits more favourably than English recruits and also that the actions that you are taking are “proportionate”.

If you have undertaken such research and have documents showing your compliance with all aspects of the above, then please could you let me have copies (pursuant to the Freedom of Information Act)?

Having completed enquiries within Essex Police and in respect of Sec 1(1)(a), Essex Police does hold information relating to your request, Essex Police can confirm in respect of Sec 1(1)(b) the following data

·         The diversity recruitment campaign is very much about addressing (i) the [disproportionately] low numbers of applications by black and ethnic minority persons for the role of police constable Essex has received in the past, and (ii) the under representation of black and minority ethnic people serving as police constables with Essex Police. This is lawful positive action, falling within the Equality Act 2010. At the moment just over two per cent of our officers are identified as Black, Asian or Minority Ethnic (BAME) as compared with 6.8% for the population of Essex.

·         Government policy, parliamentary select committee recommendations and national policing strategy all set clear expectations that forces do more to ensure that police forces are better able to reflect the communities that make up their force area. The proportion of BAME officers and staff at Essex Police is considerably lower than the demographic make-up of the county and this campaign aims to address that under-representation.

Essex Police trusts that the information provided is of assistance. Thank you for your interest in Essex Police.

Kind regards,

 Information Rights Team
Information Management Department
Strategic Change Directorate
 
 
I followed up as follows on the 19th January 2019:-
 
 
Dear Sirs

Thank you for your email of the 14th January. Thank you for confirming that you do hold data.  I would be grateful if you would please let me have copies of the documents which you refer to.

Yours faithfully
 
Robin Tilbrook
 
 
I also then wrote to the Police Commissioner asking for his comments on the fact that his claims had been undermined by Essex Police as follows:-
 
From: Robin Tilbrook <robintilbrook@aol.com>
To: roger.hirst <roger.hirst@essex.pnn.police.uk>
Sent: Sat, 19 Jan 2019 13:47
Subject: Fwd: FOI 12512

Dear Roger

I thought you might be interested to know that I also made a FOI application to Essex Police and have now received a response from them in which they say that in fact the action that is being taken is “lawful positive action, falling with the Equality Act 2010.”

This is of course contrary to what you said to me which was that it wasn’t in fact “positive action” and that it did not in fact fall within the Equality Act because it wasn’t different treatment! 

I wonder what your position is on that?


Yours sincerely

 
 
Robin Tilbrook
 
 
 
I have had no response to this last email, although I have had a further response from Essex Police giving me links to some of the research, which of course does not answer the question that I had actually put to them. 
 
In summary it would seem that not only do the Essex Police and the Essex Police Commissioner not properly communicate, despite the fact that that is not what is supposed to be happening at all.  The Police Commissioner ought to be in control of Essex Police, particularly on issues like recruitment.
 
So there would therefore appear to be a breakdown in the proper hierarchy.  Also it seems probable that Essex Police are in fact pursuing an illegal and discriminatory recruitment campaign in order to improve the “Equality and Diversity” tokenistic tick boxing!  Well done to Sargon of Akkad for raising this issue!