Human Rights according to Iain Duncan Smith

(Roger Boaden) #1

I believe my human rights include the following:

Article 2 of the European Convention on Human Rights: Paragraph 2 Freedom of movement of Protocol No. 4 states:

“Everyone shall be free to leave any country, including his own.”

The right of EU citizens to freely move to and live in any EU country, along with their family members, is one of the four fundamental freedoms enshrined in EU law and a cornerstone of EU integration. All EU citizens are entitled to free movement.

Regulations ensure that mobile EU citizens do not lose acquired rights when moving within the EU. Typical social security benefits include old-age pensions, survivor’s pensions, disability benefits, sickness benefits, birth grants, unemployment benefits, family benefits or health care.

Iain Duncan Smith has abused and contravened my human rights as defined above.

By the introduction of Statutory Instrument 2015/3270 he has deprived me of a legal entitlement to an old-age risk benefit, which I would receive automatically if I returned to live in the UK.

He has just introduced a new Statutory Instrument; in which it is stated: “An overseas resident who is entitled to a state pension under Part 1 of the 2014 Act is not entitled to up-rating increases (a) in accordance with this regulation.”

This SI applies to the ‘new State Pension’. However, if he removed my right to an old-age risk benefit so easily in December 2015, stop and think how easily he could remove my right to any future up-rating of my UK State Pension should Brexit occur.

The picture below has stirred up controversy on Facebook, with some arguing it is wrong and has nothing to do with human rights.

Iain Duncan Smith voted against the ratification of the Treaty of Lisbon on 11th March 2008. I believe he still opposes that Treaty, and everything contained within it. He does not accept or recognise the authority and validity of the Court of Justice of the EU, and has refused to accept the Judgments of that Court, which uphold my rights to that old-age risk benefit, and in doing so he has trampled all over my rights under Article 7 of EU Regulation 883/2004.

He has also used his considerable powers to build up a level of hatred against all British Expats living in the EU, by juxta-positioning his outbursts against us, alongside The Daily Mail’s campaign against ‘Benefit Cheats’. How else can you describe what he has said: “We will fight these ridiculous rules. …. it is ludicrous we could have to pay more pensioners living in hot countries”. “It’s absurd and offensive that taxpayers fund payments for people who have retired to the Mediterranean”. “The European Union has frustrated our attempts to address this issue in the past, but with our new temperature-based eligibility criteria we're able to satisfy EU rules as well as prevent this obscene waste of taxpayers' money.”

(Roger Boaden) #2


all I can do is to quote directly from the European Union Referendum Act 2015:

‘(1) Those entitled to vote in the referendum are:

(a) the persons who, on the date of the referendum, would be entitled to vote as electors at a parliamentary election in any constituency’

As far as I can judge, it means anyone who currently is registered to vote in a UK constituency is entitled to vote in the Referendum.

The exception affecting Expats, is Gibraltar, which has been given special status within the Act, which will allow Gibraltarians ‘who would be entitled to vote in Gibraltar as electors at a European Parliamentary election in the combined electoral region in which Gibraltar is comprised to vote’.

In the coming days a number of documents will be published by the Government and in particular by the Electoral Commission. I will be particularly interested to see what the Electoral Commission has to say on the timescale for registration. If I read the Act correctly, 14th April 2016 will be the last possible day for registration, since there is this ‘ten weeks’ period prior to the day of the Referendum.

What this does do, is to highlight the urgent need for those who can register - i.e. those who have lived outside the UK for less than 15 years - do so, online, at once, and, subject to anything which may crop up in the meantime, before 14th April!

The other important aspect is that those who may have registered last year for the General Election must renew their registration this year. Anyone who has not received a renewal form from their local authority should make contact NOW!

(Shirley Morgan) #3

The pension Justice link

and the info on there needs updating it goes back to 2012! Rules and Rgs have. CHanged a lot since then! I know it’s not your responsibility Hilary, just pointing it out!

(Shirley Morgan) #4

I tried this evening to sign up Hilary - the Petition is closed!

(Shirley Morgan) #5

Sorry Jane, flippant comments like that, dont add to the seriousness of the position we e pats find ourselves in,and I know you are not the only one who made one!

(Shirley Morgan) #6

Roger, as a pensioner myself relying almost 100% on my UK State Pension, I totally agree with the points you made in the discussion.

However what are we going to do about the injustice and infringement on our Human Rights? If the UK does vote to come out, nothing we’ll be able to do, except try and use the British Court of Hjman Rights.

If the UK votes to stay in, then we must take our argument to the ECHR obviously!

Unfortunately, given the Apathy we’ve almost constantly faced here on SFN, in last 2/3+ years in just getting people to register to Vote in the UK elections, I have no faith in expats already here or about to come. You see no one including Politicians in the UK tells expats existing or potential what they’ll lose when they leave.

I watched the whole 3 hrs this afternoon, of the PM’s Parliamentary address in the Commons. I was heartened to see that Sir Roger Gale was actually able to put a question relating to expats and got a very unsatisfactory answer from DC. Watching the 1/2 hour Panorama documentary “IN or OUT, The EU Referendum” on TV this evening I was even more shocked to hear the Presenter, Nick Robinson in his early opening words say that British Citizens who live there and are aged over 18 will be able to vote in The referendum…

…does that mean WE British EXPATS, although currently registered to Vote and still on Voting Registers at our last UK address - will in fact NOT be eligible to vote - because as expats we are NOT currently living in the UK! I think we definitely need clarification on this now! Not 2 weeks or less before 23rd June!

(Brian Milne) #7

The UK has already done it to an extent to people in Australia, Canada and South Africa who are entitled to pensions but now only get the base rate frozen at the rate at which it begins. IDS has already said he considers that entitlement, and with other countries on his list, should stop irrespective of how much the UK citizens contributed before leaving the UK. That leaves, for instance, people who do not get a pension in Australia with only a small amount that year on year devalues in real terms with the prospect of even that being cut off. If that can be done to them, then let's not be so cock sure it cannot happen here. IDS has set out to save the state money, in fact he has wasted vast amounts on pointless projects the saved money was squandered on, but he has verbally threatened to freeze post EU pension payments, including public service pensions, a couple of years ago and also, almost an unnoticed footnote, increase the tax rate on UK based private pensions. People who harbour an 'it will never happen' attitude will get their comeuppance for not taking it seriously come the day.

(Norman Clark) #8


as I have mentioned in other posts the situation is exactly the same in reverse - i.e people wanting to return from Australia, New Zealand and South Africa are also penalised from their pension payments made in those countries.

The trouble is mean-minded and vindictive politicians (all with gold-plated and secure pensions needless to say) will always have the shifty weapons with which to attack pensioners. Although the latest I have been appraised of, is that the 'Means Test' has been reintroduced in Australia- and 'no-one has the Right to a Pension anymore, no matter how long contrubitions have been made' Now it is calculated on the individual's assets - and that means everything from houses to furniture. If these are assessed at over and above requirements a pension will be refused, and apparently no independent tribunal to fight the decision'. It would be too much to hope for that IDS hasn't noted this and put it in his slimy armory to act against returnees.

This means penalising the 'good citizen'.

No wonder there is the outcry worldwide of illegal and non-contributory economic migrants receiving multiple benefits far greater than pension payments to those who have contributed. Note again, I am not referring to genuine refugees - although these do seem harder than ever to validate these days.

'Old and in the way' seems the mantra of just too many politicians. Until some magic day when we pensioners did seriously get together and show our voting strength we will continue to be pee'd on from a great height.

BUT as ever the crooks have even anticipated this by refusing us our voting rights in home countries for having the audacity to live in another.

Politicians in all countries seem to have lost the plot and the fact they are supposedly 'there' to ^protect to people, and to serve the people'. This certainly seems to be registering in the USA now with Donald Trump shaking the trees. Somebody has to stir up these complacent, and even vindictive non-entities ruling us.

(Hilary Jane Dunk) #9

And even these 'internationally minded' people don't agree with him...

BUT THIS MIGHT BE A USEFUL LINK.....didn't know it existed...

Think I'm going to sign up....

(Hilary Jane Dunk) #10

Yes, I have to confess, I don't think I'm a fan of IDS either, but I wont go down the road of 'yah boo, sucks...I hate the Tories' because I'm not against everything they do.....

But, just found this...might amuse you.....I have to say I respect her integrity....

(Brian Milne) #11

Roger, it is a draft so cannot have a number until finalised. It looks like it needs to be dealt with by the appropriate committee and then be a minor business item in the Commons to be nodded through by dozing late nighters. So, it is not law yet but reading it I have no doubt that not as much as a comma will be tweaked. They are mercenary bastards, led by the worst of the lot.

(Roger Boaden) #12


Oddly the SI does not have a number! I picked it up at this link:

(Ken Ball) #13

Do you know the relevant SI number please? Can't easily find it: there are too many SIs with 'pension' in their title.

(Hilary Jane Dunk) #14


Never heard of 'Old-age Risk benefit'....Can you enlighten me please ?

(Chris Lawton) #15

What else do you expect from IDS or any of his other privileged cronies, who couldn't give a stuff for personal liberties, fairness, or the rule of international law. They live in an imagined England of yore who ruled the waves, had an empire and spat on the "common folk". One day, however, he and his ilk will meet their nemesis.

(Courtney Wilding) #16

IDS is not only a bully he is a dangerous bully and not fit to be in charge on anything other than his own DIY projects. I wish he would .....

(Norman Clark) #17

Roger, sorry to appear depressive but this obscene clown is just the man who will simply stop payments of our pensions.

Don't think it couldn't happen - it happened to me when I left Australia

Why do I keep coming back to the Russian philosophy of 'Autocracy tempered by Assassination'?

(Brian Milne) #18

If somebody said BSE I would probably go down the same track...

(Simon Armstrong) #19

I do get IDS and IBS mixed up - but no worries, apparently they are exactly the same thing....;-)

(Brian Milne) #20

I find having worked in human rights to one degree or another for four and a half decades that those who shout loudest again human rights are very often those who in any given situation will shout "What about MY rights?". Iain Duncan Smith is the least appropriate member of parliament to represent his constituents, let alone have a ministerial post. I have not forgotten his tears and expressions of grave concern about poverty in 2002 when, as leader of the Tories, he visited Easterhouse in Glasgow. This is the man who was going to fight for them. In fact he is the man most likely to end their lives prematurely rather than see them improve. That he has been allowed to stay in office as long as he has just exasperates me. It is clear he 'knows where the bodies are buried' so keeps his job more by blackmail than for any special skills and knowledge he possesses. I would normally not say anything like this, but if I had to choose between rescuing a drowning rat and IDS I know which one it would be. No prizes for guessing which.