A victory for scientific inquiry

Simon Singh wins libel appeal against the British Chiropractic Association.

I've just heard the fantastic news that Simon Singh has won his libel appeal against the British Chiropractic Association. He now has the right to rely on the defence of fair comment.

Singh, who has contributed to the NS in the past, was sued by the BCA after he wrote a piece for the Guardian describing the association's claim that spinal manipulation could be used to treat children with colic, sleeping and feeding conditions as "bogus".

Remarkably, Mr Justice Eady ruled that the comments were factual, not opinion -- meaning Singh could not use the defence of fair comment.

Eady also ruled that the use of the word "bogus" implied not merely that the BCA supported ineffective treatments, but that it had been deliberately deceptive.

This left Singh with the Sisyphean task of proving a point he'd never intended to make: that the BCA had been consciously dishonest.

But today, the Appeal Court (consisting of the Lord Chief Justice, Lord Judge, the Master of the Rolls, Lord Neuberger, and Lord Justice Sedley) ruled that Eady had "erred in his approach", and granted Singh the right to use the defence of fair comment in the primary lawsuit. He now has a far better chance of winning the case.

But as the Lib Dem MP Evan Harris pointed out today, it is absurd that Singh has had to spend £200,000 and two years of his life just to reach this point. The need to reform Britain's draconian libel laws, which discourage free inquiry and punish original journalism, remains as urgent as ever.

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George Eaton is political editor of the New Statesman.

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Who is responsible for an austerity violating human rights? Look to New Labour

Labour's record had started to improve under Jeremy Corbyn and John McDonnell. 

The UN has made it clear the Government’s austerity programme breaches human rights. This is not because of spending cuts - it is because because those spending cuts target women and disadvantaged groups, particularly disabled people and asylum seekers.

The degree of injustice is staggering. The Coalition Government used a combination of tax increases and benefit cuts to reduce the net income of the poorest tenth of families by 9 per cent. The cuts faced by disabled people are even more extreme. For instance, more than half a million people have lost social care in England (a cut of over 30 per cent). Asylum seekers are now deprived of basic services.

The injustice is also extremely regional, with the deepest cuts falling on Labour heartlands. Today’s austerity comes after decades of decline and neglect by Westminster. Two places that will be most harmed by the next round of cuts are Blackpool (pictured) and Blackburn. These are also places where Labour saw its voters turn to UKIP in 2015, and where the Leave vote was strong.

Unscrupulous leaders don’t confront real problems, instead they offer people scapegoats. Today’s scapegoats are immigrants, asylum seekers, people from ethnic minorities and disabled people. It takes real courage, the kind of courage the late MP Jo Cox showed, not to appease this prejudice, but to challenge it.

The harm caused by austerity is no surprise to Labour MPs. The Centre for Welfare Reform, and many others, have been publishing reports describing the severity and unfairness of the cuts since 2010. Yet, during the Coalition Government, it felt as if Labour’s desire to appear "responsible" led  Labour to distance itself from disadvantaged groups. This austerity-lite strategy was an electoral disaster.

Even more worrying, many of the policies criticised by the UN were created by New Labour or supported by Labour in opposition. The loathed Work Capability Assessment, which is now linked to an increase in suicides, was first developed under New Labour. Only a minority of Labour MPs voted against many of the Government’s so-called "welfare reforms". 

Recently things appeared to improve. For instance, John McDonnell, always an effective ally of disabled people, had begun to take the Government to task for its attacks on the income’s of disabled people. Not only did the media get interested, but even some Tories started to rebel. This is what moral leadership looks like.

Now it looks like Labour is going to lose the plot again. Certainly, to be electable, Labour needs coherent policies, good communication and a degree of self-discipline. But more than this Labour needs to be worth voting for. Without a clear commitment to justice and the courage to speak out on behalf of those most disadvantaged, then Labour is worthless. Its support will disappear, either to the extreme Right or to parties that are prepared to defend human rights.

Dr Simon Duffy is the director of the Centre for Welfare Reform