My Whistleblowing Case
My response to BEIS's reply:
----- Original Message ----- From: Terry Edge To: Martin Alan (BID) Cc: xxxxxxxx (Strategy) Sent: Monday, December 19, 2016 2:56 PM Subject: Re: Response to BEIS consutation on the Furniture Regulations Dear Mr Martin, Thank you for your response. Unfortunately, I can't find anywhere in it any actual answers to my concerns. All you do is offer generalisms with no supporting evidence. One such example: "As the earlier 2014 consultation did not receive a positive response to the new match test it was appropriate to apply a different approach and a revised proposal in this consultation. There is a link in the 2016 consultation to the 2014 consultation and supporting documents." First, as Ms xxxxxx can confirm, the 2014 consultation received more positive responses than negative and none of the negative responses contained any evidence at all that there was any problem with the proposed new test. The fact you quote in this way is clear evidence that you are simply following the line given to you by the policy team and not doing any investigative work of your own. In short, please produce the evidence that the proposed 2014 match test justified negative comment; and if you cannot please have the decency to admit that I'm right. Second, as I've pointed out the 'revised' match test proposal is identical to the one proposed in 2014. Yet you glibly state in effect that it is different. Please provide your evidence of these differences. One more example for now: "The consultation process is meant to encourage comments on amendments from stakeholders and prompt them to suggest solutions. It is recognised that the proposals are a compromise package.
The present consultation builds on the work of the 2014 consultation which developed the work done with stakeholders over 2010-2012. Subsequent information from stakeholders has been given considerations when developing the proposals in this consultation." Why is BEIS prompting stakeholders for solutions on a proposed test which in 2014 it proved was entirely feasible and which nothing subsequently has proved otherwise? What do you mean by a 'compromise package'? The compromise as such is that BEIS officials have included random and contentious additional proposed changes which - as industry has already reflected to you - are not workable: a point you also haven't answered. Again where is your evidence that the present consultation builds on the work of the 2014 consultation? I was the department's expert on these regulations during the key period and am telling you that nothing at all was 'built' during this time. I have provided plenty of evidence to this effect. You are not an expert on these regulations yet claim to know better on the basis of no evidence at all. Again, what is the 'subsequent information from stakeholders' that has been given consideration in the new consultation? There is none. You cannot make this kind of statement without backing it with evidence. Rather than go into any more detail at this stage, I'd appreciate it if you reply with actual evidence this time - on, say, the two examples I've given above - instead of resorting to vague and clearly biased general assertions that frankly are insulting to my expertise and contrary evidence. Regards, Terry Edge And a follow up email: ----- Original Message ----- From: Terry Edge To: Martin Alan (BID) Cc: xxxxxx (Strategy) Sent: Monday, December 19, 2016 4:01 PM Subject: Re: Response to BEIS consutation on the Furniture Regulations Dear Mr Martin, I wish to address separately the final paragraph of your letter to me earlier today since this is in effect new information that you have presented: "Your response to the consultation will be carefully considered with all other responses received. The Government Response, which will issue in due course, will summarise comments/evidence, and address relevant issues as part of the decision making process that has informed its final policy proposal and next steps." Can you please reveal who exactly is going to carefully consider the consultation responses? I understand that the policy team now comprises of only new people, none with any experience of these complicated regulations - as they confessed recently at a stakeholder meeting. And, as noted in my consultation response, BEIS has been without a technical advisor on these regulations for over a year.Who therefore is going to consider my response or say the chemical industry's - which I've seen and can attest there is no one at BEIS with the experience to understand, let alone analyse. You may be aware that many stakeholders and the press are watching this situation carefully. So, once again, can you please inform us who will be analysing the consultation returns, addressing relevant issues, and drafting the Government Response (that has led to you making such a confident statement). Please also provide their credentials and evidence that they will perform this function with the due concern for public safety that it requires. Regards, Terry Edge From: Terry Edge [mailto:terry.edge@ntlworld.com] Sent: 16 January 2017 09:45 To: Martin Alan (BID) Cc: Xxxxxxx (Strategy) Subject: Re: Response to BEIS consutation on the Furniture Regulations Dear Mr Martin, Can you please let me know whether or not you intend to respond to my emails of 19 December 2016. It seems to be common practice amongst BEIS civil servants dealing with this case to do the following: 1. Make pronouncements along the Word of God model, i.e. provide absolutely no evidence for the opinion given or reasons for why my counter-evidence is being ignored; 2. When I ask for further clarification, turn silent - the recourse of the coward, of course. I appreciate you have your job to protect; that and your clear desire to do nothing that might upset your masters. But perhaps you could summon just a little bit of decency and courage to tell me straight that you have no intention of doing the right thing so that I don't have to waste time chasing you. You may or may not have noticed, but I am not a coward. I also tell the truth. You may have taken the decision to avoid the truth but if so, man up, and at least say so. Terry Edge ----- Original Message ----- From: Martin Alan (BID) To: Terry Edge Cc: Xxxxxxx (Strategy) Sent: Thursday, January 19, 2017 11:25 AM Subject: RE: Response to BEIS consutation on the Furniture Regulations Dear Mr Edge Thank you for your emails of 19 December 2016 and 16 January 2017. In your emails you express your dissatisfaction with the response the Better Regulation Unit have provided in respect of your complaint of 11 November 2016. I have reviewed your original complaint and your subsequent emails. In response to your comments I am content that the ‘Furniture and furnishings fire safety regulations: proposed changes (2016)’ consultation was conducted appropriately and in line with current consultation principles. The 2016 consultation contained clear reference to the 2014 consultation, including linking to all 2014 consultation documents. With regard to consulting with stakeholders and how this feeds in to policy development, the consultation principles are clear that consultation is an ongoing process so not limited only to publication of formal consultation. Therefore engagement work with stakeholders conducted subsequent to the 2014 consultation would have informed the 2016 consultation. I should point out that the Better Regulation Unit’s remit is limited to investigating that the conduct of the consultation has been carried out in accordance with current consultation principles. I now consider this matter closed in respect of your complaint into how the consultation was conducted. We are unable to respond to issues that you raise outside of this area, but as stated in my previous letter your response to the consultation will be taken into account alongside the other consultation responses received. Yours sincerely Alan Martin ----- Original Message ----- From: Terry Edge To: Martin Alan (BID) Cc: xxxxxxxx (Strategy) Sent: Thursday, January 19, 2017 12:18 PM Subject: Re: Response to BEIS consutation on the Furniture Regulations Dear Mr Martin, I'm not sure if you actually read my last email. If you did, you seem to bear remarkably little shame about once again adopting the Word of God approach. This is what I put to you: "Your response to the consultation will be carefully considered with all other responses received. The Government Response, which will issue in due course, will summarise comments/evidence, and address relevant issues as part of the decision making process that has informed its final policy proposal and next steps." Can you please reveal who exactly is going to carefully consider the consultation responses? I understand that the policy team now comprises of only new people, none with any experience of these complicated regulations - as they confessed recently at a stakeholder meeting. And, as noted in my consultation response, BEIS had been without a technical advisor on these regulations for over a year.Who therefore is going to consider my response or say the chemical industry's - which I've seen and can attest there is no one at BEIS with the experience to understand, let alone analyse. This is your response: 'In response to your comments I am content that ‘Furniture and furnishings fire safety regulations: proposed changes (2016)’ consultation was conducted appropriately and in line with current consultation principles', i.e. I'm right because I say I am. You don't address my claims about there being no one at BEIS capable of processing the consultation properly, i.e. to prove that your statement above is correct - instead you weasely imply that this is not the concern of BRU! If it isn't, how on earth are you in a position to deal with complaints about the way the consultation was run? The usual tactics, in other words - switching between Word of God pronouncements - opinion stated as evidence - to Weasel Avoidance. The bottom line is that BEIS undertook a consultation process in September 2016 that was, as I have proved, unnecessary, inadequate and irresponsible; and are now not even in a position to process the results anyway, in that you have allowed the only people with (albeit limited) experience to extricate themselves from the situation in order to cover their backs. Sometimes, I wonder what your inner processes are like. Are you proud of this response? If so, it comes across very muted. Or is it more the case you're just pleased that you may have got away with it, at least for now. If so, all I can say is that's a truly spirit-deadening way to live a life. Terry Edge From: Terry Edge [mailto:terry.edge@ntlworld.com] Sent: 19 January 2017 20:51 To: Terry Edge; Martin Alan (BID) Cc: Rabess Angela (Strategy) Subject: Re: Response to BEIS consutation on the Furniture Regulations And just in case it's not clear from my email - where are your details? ----- Original Message ----- From: Martin Alan (BID) To: Terry Edge Cc: xxxxxxxx (Strategy) Sent: Friday, February 03, 2017 9:28 AM Subject: RE: Response to BEIS consutation on the Furniture Regulations Dear Mr Edge Thank you for your emails of 19 January 2017. This is to let you know that, as per my previous email, the Better Regulation Unit’s remit is limited to investigating that the conduct of the consultation has been carried out in accordance with current consultation principles. I reiterate that I now consider this matter closed in respect of your complaint into how the consultation was conducted. Please note that I do not intend to reply to any future correspondence on this particular matter. Yours sincerely Alan Martin ----- Original Message ----- From: Terry Edge To: Martin Alan (BID) Cc: xxxxxxx (Strategy) Sent: Friday, February 03, 2017 10:32 AM Subject: Re: Response to BEIS consutation on the Furniture Regulations Dear Mr Martin, I'll include your pathetic lack of any kind of actual response in my Civil Service Commission case, should I choose to open one. I'll also relay it to the press at the appropriate point. Just to note finally: you have not responded to a single point I raised about the way the consultation was carried out, other than to keep repeating your omniscient, if somewhat unproven, view that it was carried out in accordance with current consultation principles. Apart from the fact it clearly wasn't, this is of course nothing more than a judgement based on 'because I say so'. You appear to have trained your mind to follow the circular 'reasoning' of the typical civil servant who is intent on only one thing: preventing anything controversial affecting his personal career. In order to preserve this approach you have clearly also removed your conscience, or at least placed it somewhere dark and hidden where it is unlikely to come in contact with any decision requiring honesty, integrity, courage and a clear sense of public duty. Thank God, or the Permanent Secretary, that the civil service is one of the few remaining places where it is not only possible to succeed without a conscience, it's required. Because, if I failed to mention before, the further delays that this consultation will inevitably lead to will mean more actual lives lost through house fires that could have been prevented by BEIS. And you. Also, thousands of cancers and other illnesses that didn't have to occur. So, while you are now no doubt congratulating yourself on having 'dealt' with this difficult situation in a way that will please your puppet masters and perhaps smooth the way to a long and successful trough-snuffling career, just remember that you are in part personally responsible for these deaths. And perhaps you might like to offer a prayer that no one in your family goes up in flames on a sofa that should have been flame-resistant but isn't thanks to BEIS civil servants covering their backs with a tenacity it's just a shame they never consider employing in the public interest. You too, Ms xxxxxxx. Terry Edge
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