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WHO EXACTLY ARE THEY WORKING FOR?

8/30/2019

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From my journal, June 5th 2019
 
Attended the last oral session today at the EAC [Environmental Audit Committee]. The BEIS Minister, Kelly Tolhurst, with three other government reps, faced some very tough questioning. Mary Creagh's first question of the day to Tolhurst was: "If I can ask you first of all, Minister Tolhurst – about the fact that five years ago BEIS proved that the current match test is not fit for purpose. Do you agree with that? If you do not, why do you not agree with it?"
 
This of course is probably the key question to everything concerning the Furniture Regs, and great that Mary Creagh got straight to the point. Would we now get a definitive yes or no answer from the Minister on a subject that is crucial to the safety of the entire country? Would we hell.
 
Tolhurst first thanked the Committee for the opportunity to talk about this subject. Well, she didn't really have much choice, did she? She might have explained why her officials have been incredibly reluctant to talk about the same subject over the past 3 or 4 years but given those same officials had written her words I suppose it wasn't very likely. She went on for quite some time, giving a potted history of the review of the Furniture Regs – sorry, "review". Told one outright porky – that there was not a big enough evidence base for changing the test, when the uncontested evidence for doing exactly that is on her own department's website. 
 
The Chair interrupted Tolhurst's stream of unconsciousness to point out that the review she was talking about has been going on for ten years with no result in sight. To cut a long story short, Tolhurst's dodges took the form of waffle about how the review is looking at everything (it isn't); that she wasn't  around then (so what?); it's all so complex (no, it isn't -the EAC has picked up the issues and details pretty swiftly), and the oft-repeated assertion that she must "make sure there is no reduction in fire safety". The latter I suppose could be accurate in that there is no fire safety presently provided by the Furniture Regs, therefore it isn't actually possible to reduce it any further.
 
The EAC tried every variation of the main question, about the fact the Regs in effect don't work – e.g. Caroline Lucas pointing out that no one else has a match test so why do we? – but the answer was always the same, "We're reviewing . . . "
 
A big alarm bell for me was when Tolhurst talked about the British Standards Institute. She started with a lie – or read out the lie that was given to her by her officials – that in 2015 further work was facilitated by BEIS from BSI on the match test. It wasn't. BSI turned it down because it was regulatory work and too political for them to be involved in. Then she went on to say that they are going to get BSI to come up with a range of new requirements. If anything proved that government is aiding the desires of industry above public safety, this was it. Because K Kannah of Lanxess had previously insisted to the EAC that this was the proper route for BEIS to take in updating the Regulations. Well, he would, wouldn't he, given that the BSI committee concerned comprises almost entirely industry reps, most of who are making a packet one way or another out of flame retardants in furniture.
 
Professor Tim Gant of Public Health England did a great job, just a pity it wasn't for the people he's supposed to be representing. If you read his responses to the EAC without knowing where he was from you'd conclude he must be from industry. According to Gant, the Grenfell fire wasn't toxic, the Grenfell Cough doesn't exist (which means all those folk coughing up their lungs at the Grenfell meetings I've attended must be suffering from False Cough Syndrome), and soil around Grenfell is no more toxic than anywhere else in London. 
 
He did make one interesting comment, however, which was this: "We know that the plume [of smoke and fumes from burning cladding] rose up and went a long way out, so it was not deposited in the immediate area."
 
Hmmmm. Could this be an example of how those with something to hide sometimes contradict others with something to hide? Because many of course claim that cladding was the main supplier of toxic fumes which killed people in the fire. I mean, basic physics says Gant is right: hot air moving fast on the outside of the Tower would have stayed outside for the most part. But it's clear he's stating this now only to "explain" why the soil around Grenfell Tower was not toxic. Except of course it was. Because what he isn't referring to is the vast volume of flame retarded furniture which burned inside the Tower. How did that get carried "a long way out" professor?
 
The fact is that all four of them – from Defra, BEIS, PHE and HSE – never once stated anything with positivity and clarity. Worse, what they didn't do, not once, was give public safety the benefit of the doubt, only industry. One example was Gant stating that the levels of organophosphate chemicals in mattresses are "low" and therefore not a risk. But the thing is, he can have no way of knowing. We happen to know that they are in fact high – but only via internal intelligence that's not in the public domain. So why would he err in industry's favour? 
 
Most telling was something the Countess of Mar said to me at the end. We were sitting behind the two rows of civil servants who'd briefed their masters and every now and then had been slipping them notes. "They look really pleased with themselves," said the Countess, "because they think they've got away with it."
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THE NOT SO SWEET SMELL OF FAKE SUCCESS

8/7/2019

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From my journal, 3rd July 2015
 
This morning I got a call from a director at XXX, a big retailer that was hit hard (and unfairly) by the "Fake Britain" programme last year, orchestrated of course by the Skipton Mafia (FIRA, Clarkson Textiles, etc). He talked about not wanting to follow FIRA any more, instead to take a lead in improving safety and traceability. He said that FIRA has been telling everyone that the new match test is Steve Owen's "pet project" but he thinks that's probably because they didn't think of it. Which is exactly what H of DFS said to me too. We had a good talk and he's going to come to the stakeholder day. He said it was refreshing to talk to someone who understands the industry, chemicals, etc. Which is another great piece of stakeholder management on my part of course but another that Bridget and Phil will make sure doesn't appear on my annual report.
 
I had a long talk with Steve in which we reflected that these people (B & P, Chris, Susannah) don't know how to think. Steve said they listen to our words but they don't hear what we're saying, only what they want to hear. He gave the example of the recent phone call he'd had with Bridget (who was trying to get him to agree to support her requirements at the upcoming FW6 meeting). [Note: FW6 is the British Standards Institute's working group on furniture flammability, that Steve was and is the Chair of.] He told her that he would be impartial, as he needed to be as Chair, but she just didn't hear him. I said that's because she lacks integrity and the ability to be impartial and therefore doesn't recognise it in anyone else. Because she's a senior civil servant she thinks that automatically provides her with those qualities but anyone with actual integrity will easily spot her as manipulative and reacting badly if she doesn't get her own way. 
 
There was another example of this in Phil's internal note yesterday, telling us about his recent trip to BSI, and including the email he'd had back from them afterwards. [Background: Bridget and Phil manipulated the Department's official response to the 2014 consultation, aiding industry in blocking/delaying changes to the Regulations by getting the Minister to agree that more work would be undertaken by BSI. The slight problem they faced was that no more work was actually needed. Nevertheless, they'd badgered BSI management into agreeing to hold a meeting of FW6 at which, they hoped, more work would be agreed upon. Phil's meeting that I'm describing here was to in effect seal the deal. I was of course the Department's expert on the Furniture Regulations but I don't think anyone reading this will have too much trouble in guessing why Mr Earl didn't invite me along to the meeting.] According to Phil it was a "success"; then again, I have this nasty habit of looking a bit closer at the details . . . 
 
First, he tries to imply that BSI management will tell FW6 about our August deadline but looking at BSI's email that clearly hasn't been promised [and indeed never came about]. Second, he records their conversation as if everything he wants has been agreed to but it hasn't; it's been "acknowledged", to use BSI's word – one that Phil should spot as the kind he often uses to the very same end. Thirdly and crucially is what isn't mentioned:

  • Why the f*ck did BSI management remove the August deadline from the papers they sent to FW6 about the upcoming meeting? (A much clearer sign, surely, that they don't intend to meet it.)

  • Why the f*ck didn't Phil ask Steve what he thinks? He is after all the Chair of FW6. Well, I think we know why: Steve would have told him where to go if he'd suggested in any way that Steve might like to compromise his impartiality, and would have made sure that unlike with Bridget, Mr Earl definitely heard him.
 
Overall, then, it's the usual half-witted half-fix, intended to preserve their backsides for a few more months when they hope something, anything, maybe the civil service Sir Humphrey shaped fairy, will save their bacon. 
 
Finally, the main thing Phil has failed to mention is why he doesn't want to personally attend the FW6 meeting despite his great "success" in setting it up to suit his – sorry, the Department's – needs.
 
Because the one big truth which they are all studiously avoiding is that it is Terry who will have to stand in front of FW6 and guests and single-handedly deal with all their technical questions and all the sneaky tricks from FIRA and FRETWORK and Sir Ken Knight for a couple of hours or so. Phil and Bridget will be safely hunkered down in our headquarters and while Chris [Knox, my line manager] has been told to attend, there is no way she will actually face the music [in the event she failed to turn up until lunch time when all the hard questioning was over; something about a "family matter"]. She has agreed however to draft the lines-to-take that I'm supposed to use at the meeting. Which should be very interesting since a truthful line would be something like: "Terry's management f*cked up, are misleading ministers and now doing anything they can to cover their backs. Oh, and at least one of them is probably on the make."
 
Just to make it more interesting for her, I've told her that I am not going to say anything that isn't true. Wish I'd taken a picture of her face: first, white with fear, quickly turning red with mock anger at my insubordination.
 
Also today, I received an email from the PA for Martin Donnelly [Permanent Secretary to the Department; head honcho civil servant. I'd written to him requesting that he do something about the fact my managers were putting the entire country at risk and in such a way that could greatly embarrass the Department.] Apparently, he can't intervene because that might prejudice my Civil Service Code case. That's very considerate of him but I wrote back requesting a meeting with him and pointing out that no one, including him, has done anything about my point that the Department's process in handling my case is prejudicing it for real, i.e. because Susannah Simon has been allowed to appoint the case officer even though Susannah is Bridget's manager, one of the people my case is against, and who clearly could be implicated in any findings against Bridget, and of course Bridget is Phil's manager. I'm not holding my breath that Donnelly will do anything mind you [he didn't].
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