failing

Donald Trump's White House Counsel Has One Main Job—And He's Failing At It

Donald McGahn, like all White House counsels who have served before him, has a broad portfolio but one fundamental charge: to keep his boss, the president of the United States, out of trouble. To say McGahn hasn't fared well in this department is an understatement. President Donald Trump and his administration have been besieged by scandal from the outset. And lawyers who worked in past administrations, Democratic and Republican, have questioned whether McGahn has the judgment or the clout with his client to do the job.

Four months in, despite having yet to confront a crisis not of its own making, the Trump administration faces a growing list of controversies, legal and otherwise. The FBI is reportedly investigating retired Lt. General Michael Flynn, who for 22 days served as Trump's national security adviser, for his lobbying on behalf of Turkish interests and for his conversations with the Russian ambassador to the United States before Trump took office. There are two congressional probes examining Flynn's actions and two more looking at whether anyone connected with the Trump campaign interacted with Vladimir Putin's regime when it was interfering with the 2016 presidential race. And the Justice Department recently appointed a special counsel to oversee the FBI's probe into Moscow's meddling and the Trump-Russia connections. Jared Kushner, Trump's son-in-law and a close adviser; former Trump campaign manager Paul Manafort; and Trump's personal lawyer, Michael Cohen, face FBI or congressional scrutiny.

All presidents, Democratic and Republican, experience their share of scandals. But the pace and magnitude of the controversies engulfing the Trump White House are on a different level and pace. (Recall that Richard Nixon's Saturday Night Massacre—when he fired the special prosecutor investigating Watergate—didn't happen until nearly five years into his presidency.) And each leak and drip of new information raises more questions about McGahn, the man whose job is to steer Trump clear of potential land mines before they explode into breaking-news bombshells.

An election lawyer who served five contentious years on the Federal Election Commission, McGahn first met Trump in late 2014 and was one of the mogul's first hires when he launched his presidential run. He endeared himself to Trump by fending off an effort to remove Trump from the New Hampshire primary ballot and coordinated the campaign's well-timed release of a list of potential Supreme Court nominees, a move that helped to attract ambivalent evangelical and conservative voters.

Shortly after winning the presidency, Trump rewarded McGahn's loyalty by picking him to be White House counsel.

About six weeks later, on January 4, according to the New York Times, McGahn spoke with Michael Flynn, the retired general whom Trump had selected as his national security adviser a week before he hired McGahn, about a sensitive matter. In August 2016, Flynn's consulting firm, Flynn Intel Group, had signed a $600,000 contract to lobby on behalf of Turkish interests; Flynn's client was a Dutch company run by a Turkish businessman who is an ally of Turkey's president, Recep Tayyip Erdogan. At the time, however, Flynn did not register under the Foreign Agents Registration Act, which requires lobbyists and advocates working for foreign governments to disclose their work.

Now, with Trump's inauguration almost two weeks away, Flynn reportedly told McGahn that he was under federal investigation for failing to disclose his lobbying on behalf of foreign interests.

What McGahn did with this information is unclear—but it's nonetheless revealing to former White House lawyers that Flynn went on to receive a top White House post, arguably the most sensitive job in the White House. (McGahn, through a White House spokesperson, declined to comment for this story.) Alums of the counsel's office in previous White Houses say it was unimaginable to hire a national security adviser who faced legal questions regarding foreign lobbying, let alone one who was under federal investigation. "In the White House counsel's office I was working in, the idea that somebody was under investigation was a big red flag and it would be doubtful that we would go forward with that person," says Bill Marshall, a former deputy counsel in the Clinton White House. "That's not even saying it strong enough."

Flynn remained on the job and, during the transition, reportedly told the outgoing Obama administration that it should delay a joint American-Kurdish military strike on an ISIS facility in the Syrian city of Raqqa—a move that conformed with the desires of the Turkish government.

In a short ceremony at the White House on January 22, Flynn was sworn in as national security adviser and McGahn as chief counsel. Four days later, Sally Yates, the acting US attorney general, and a senior official in the Justice Department's national-security division met with McGahn at the White House. Yates informed McGahn of a troubling development: the US had credible information to suggest that Flynn had not told the truth when he denied that he had discussed sanctions during conversations with Sergey Kislyak, the Russian ambassador to the United States. Yates added that Flynn had been interviewed by the FBI.

Flynn had lied. What's more, his mention of sanctions was potentially illegal under an obscure law known as the Logan Act. (Since the law's creation in 1799, not one person has been convicted under the Logan Act.) Yates warned McGahn that the discrepancy between Flynn's public statements and what he said to the Russian ambassador left him vulnerable to blackmail by the Russians.

"If Sally Yates had come to me with that information, I would've run down the hall like my hair was on fire," Rob Weiner, another former counsel in the Clinton White House, told me. Because the messenger in this case was a holdover from the Obama administration, Weiner added, the Trump White House "might not have had a lot of trust in Yates at that point. Even so, that should've been something to cause alarm bells to go off." Jack Goldsmith, a former senior Justice Department lawyer during the George W. Bush administration, echoed Weiner's observation. Writing at the website Lawfare, Goldsmith weighed in: "Especially coming against the background of knowing (and apparently doing nothing) about Flynn's failure to report his foreign agent work, the information Yates conveyed should have set off loud alarm bells."

Flynn, with two federal investigations hanging over his head, remained on the job for another 18 days. He joined Trump in the Oval Office for calls with foreign dignitaries, including the leaders of Australia and Russia. He presumably sat in on daily intelligence briefings and had unfettered access to classified information. It was only after the Washington Post on February 13 reported on Yates' warning to McGahn about Flynn's susceptibility to blackmail that Trump fired Flynn.

The question looming over the entire debacle was this: How had Flynn been allowed to stay on the job? At the media briefing on the day after Flynn's dismissal, Sean Spicer, the press secretary, addressed McGahn's role in the Flynn controversy. McGahn had conducted his own review after meeting with Yates, Spicer explained, and "determined that there is not a legal issue, but rather a trust issue."

It was a mystifying answer, especially given the facts that later emerged: Flynn was allegedly the target of active investigations. "It is very hard to understand how McGahn could have reached these conclusions," wrote Goldsmith, the former Bush administration lawyer. McGahn, Goldsmith noted, could not know all the details of the investigations targeting Flynn. (Indeed, Yates later testified that McGahn appeared to have not known that the FBI had interviewed Flynn about his calls with the Russian ambassador.) "Just as important, the final word on the legality of Flynn's actions was not McGahn's to make," Goldsmith went on. "That call in the first instance lies with the FBI and especially the attorney general."

The steady stream of revelations about the Trump White House and its various legal dramas has only cast a harsher light on McGahn and the counsel's office. After the Post reported that White House officials had pressured the director of national intelligence and the National Security Agency chief to downplay the FBI's Russia investigation, Goldsmith tweeted, "Asking again: Is WH Counsel 1) incompetent or 2) ineffective because client's crazy and he lacks access/influence?"

Lawyers who have represented Democrats and Republicans agree that Trump is about as difficult a client as they can imagine. "One gets the sense that Mr. Trump has people talking to him, but he doesn't either take their advice, ask for their advice, or follow their advice," says Karen Hult, a Virginia Tech political-science professor who has studied the White House counsel's office. C. Boyden Gray, the White House counsel for President George H.W. Bush, said few, if any, presidents have had more financial and ethical entanglements than Trump. "I didn't have anywhere near the complexities that Don McGahn had," he told me earlier this year. Bob Bauer, a former counsel in the Obama White House, recently questioned whether any lawyer could rein in Trump: "Is the White House counsel up to the job of representing this president? We may find out nobody is." There is some indication that Trump does trust McGahn. When Trump wanted to release statements of support for Flynn and Kushner after the naming of a special counsel to oversee the Trump-Russia investigation, it was reportedly McGahn who convinced Trump not to do so.

But part of the job, former lawyers in the counsel's office say, is giving the president unwelcome advice and insisting that advice be followed. "It's always very hard to say no to the president and not do what the president of the United States wants," says Bill Marshall, the former Clinton White House lawyer. "But the long-term interests of the president of the United States can often be not doing something he might want to do, and if you do, it can come back and hit you from a direction that you never anticipated."




failing

Nandy accuses Raab of ‘unforgivable failings’ over handling of Harry Dunn case

The 19-year-old was killed when his motorbike crashed into a car outside a US military base in Northamptonshire on August 27.




failing

Failing to close the stable door

The recent scandal over the use of horsemeat in readymade meals that has shaken the entire European continent has revealed not only the complexity and opacity of our food supply chain, but also–and above all–the shortcomings of European food law.




failing

Are we failing our failing students? (OECD Education&Skills Today Blog)

A new PISA report, Low-Performing Students: Why They Fall Behind and How to Help Them Succeed, offers an in-depth analysis of low performance at school and recommends ways to tackle the problem.




failing

Coastal flooding: failing to adapt is not an option, says study

Climate change will lead to an increased risk of flooding and huge economic losses if countries do not invest in appropriate adaptation measures, according to a new study. The research estimates the risks posed by flooding to cities around the world and the associated economic losses in 2005 and 2050, and suggests that flood protection must be increased to maintain the same level of risk to coastal cities.




failing

This stunning Manhattan office building is also unfailingly polite

Situated next to the High Line, Solar Carve Tower is specifically designed not to bogart air and natural light from its neighbors.



  • Remodeling & Design

failing

Salvage-happy builder jailed after failing to pay for demolition of own work

A folk hero/renegade builder is sentenced to 539 days in jail after failing to pay for the demolition of hi folk private residence/art installation.



  • Remodeling & Design

failing

FCA under attack for "comprehensively and scandalously" failing consumers

Regulator rejects claims from Gina Miller's True and Fair Campaign, stating they contain “numerous inaccuracies", as campaigners call on the Chancellor of the Exchequer to review Andrew Bailey's appointment as governor of the Bank of England.




failing

Is Consultative Selling Failing to Deliver Results?

On February 27-28, 2020, The Kelley Group, Intl. will provide an extensive, two- day, Face-to-Face Selling Skills training in Santa Monica, Calif., led by best-selling authors and top-rated speakers Sarano and Brooke Kelley.




failing

New & Notable: America's Failing Infrastructure, "Climatopolis," & Why Do Shepherds Need A Bush?

In August 2007, the I-35W Bridge in Minneapolis, MN, collapsed, killing 13 and injuring 145 others. Investigations following the tragedy revealed that it could have been prevented. The grave reality is that it is a tragedy that threatens to be repeated at many of the thousands of bridges located across the nation.

In Too Big To Fall: America's Failing Infrastructure And The Way Forward (New York: Foster, 2010), author Barry LePatner chronicles the problems that led to the I-35W catastrophe — poor bridge design,shoddy maintenance, ignored expert repair recommendations, and misallocated funding — and digs through the National Transportation Safety Board’s report on the tragedy, which failed to present the full story.

From there LePatner evaluates what the I-35W Bridge collapse means for the country as a whole — outlining the possibility of a nationwide infrastructure breakdown.

He exposes government failure on a national as well as state level, explains why we must maintain an effective infrastructure system — including how it plays a central role in supporting both our nation’s economic strength and our national security — and rounds out the book by providing his own well-researched solutions.

Too Big to Fall presents an eye-opening critique of a bureaucratic system that has allowed political best interests to trump those of the American people. It contains special comments by James Oberstar, the outgoing Chairman of the U.S. House Committee on Transportation & Infrastructure.

Cities are the engines of the economic growth and the foundation of our prosperity. But what will become of them as our world gets hotter?

In Climatopolis: How Our Cities Will Thrive In The Hotter Future (New York: Basic, 2010), Matthew Kahn, one of the world's foremost experts on the economics of the environment and of cities, argues that our future lies in our ability to adapt. Cities and regions will slowly transform as we change our behaviors and our surroundings in response to the changing climate. Kahn - professor at the UCLA Institute of the Environment and Sustainability, the UCLA School of Public Affairs' Department of Public Policy, and a research associate at the National Bureau of Economic Research - shows us how this will happen.

The author is optimistic about the quality of our lives in the cities of the future, despite a high chance of less hospitable climate conditions than we face today. At the heart of his conviction in a bright future is our individual freedom of choice. This personal freedom will reveal pathways that will greatly help urbanites cope with climate change.

Taking the reader on a tour of the world's cities - from New York to Los Angeles, Beijing to Mumbai - Kahn's clear-eyed, engaging, and optomistic messages presents a positive yet realistic picture of what our urban future will look like.

An entire chapter is devoted to Los Angeles, including sub-sections titled "Los Angeles Has A Subway?" and "Could Public Transit Become Hip In Los Angeles?"

The names of the 300 or so London underground stations are often quite unusual, yet so familiar that Tube riders take them for granted.


We hardly ever question their meanings or origins—yet these well-known names are almost always linked with fascinating stories of bygone times.


In Why Do Shepherds Need A Bush?: London's Underground History Of Tube Station Names (Stroud, Eng.: History Press, 2010), author David Hilliam not only uncovers the little-known history behind the station stops below ground, but also explores the eccentric etymology of some of London's landmarks, offering trivia boxes that will surely amuse.


Until the mid-19th century, London was almost unbelievably rural, with names belonging to a countryside we could never recognize or imagine today.


Who in the 21st century, thinks of a real flesh-and-blood shepherd lolling back on a specially-trimmed hawthorn bush, when traveling through Shepherd's Bush underground station?


And who, traveling through Totteridge and Whetstone on the Northern Line, imagines medieval soldiers sharpening their swords and daggers at the aptly named Whetstone just before engaging in the appallingly bloody battle of Barnet?


This entertaining book will ensure that readers never view their normal Tube journey the same way again.




failing

Tory View: Glasgow's firms are about to go bust because of council failings

I DIDN’T think I’d be writing again this week about Glasgow City Council’s administration of Coronavirus Business Support Grant funding but the poor progress made over the past seven days has compelled me to continue to shine a spotlight on this issue.




failing

Adelaide Film Festival: Sons and Mothers "An unfailingly honest portrait of a unique group of men"

Abner Bradley, Alirio Zavarce, Ben Wishart, Damien Turbin, Duncan Luke, Kym Mackenzie, Ryan Rowland, Richard Samai




failing

'Everything's failing us': Why half of Tasmania's ex-inmates go back inside

Rowena has been in and out of jail a handful of times — she says she is doing her best to stay out, but adds "when something bad happens on the outside, you just want to run back to jail and be safe".




failing

Aged care facilities still fully accredited by quality and safety commission failing to meet standards in SA

Six regional aged care facilities in South Australia are failing to meet standards, a State Estimates committee hears, with three based in the same region.




failing

Riverland aged care facilities to stay open despite failing 21 of 44 operating requirements

Two South Australian Government-run aged care facilities each have a year stripped off their accreditation periods after failing 21 of 44 operating requirements during an audit.




failing

Nursing home residents share scathing insights as bureaucrats admit aged care failings

This week the royal commission in to Australia's aged care system has heard stories of residents left to soil themselves and elderly war veterans heavily sedated to treat their PTSD. It's left some questioning whether the sector's myriad failings can be fixed.




failing

Energy company apologises for failing to investigate a customer's complaints after issuing bills that 'did not make sense'

Energy Australia has apologised to a customer for issuing him multiple bills that 'did not make sense' despite his repeated complaints.




failing

Water safety campaigns 'not showing migrant faces' failing to reach those at risk, charity says

With so much of Australia's allure to tourists based on our oceans and waterways, a charity founder has launched a campaign he'd like to see played in airports and pushed via visa applications.




failing

'Have we just discovered a new mechanism of stroke?': Why COVID-19 patients' organs are failing

It's well established that coronavirus targets the lungs; but a growing body of evidence suggests COVID-19 may also cause blood clots that can damage vital organs, including the kidneys, heart and brain.



  • Health
  • Infectious Diseases (Other)

failing

Are governance issues failing the Himalayas?

The Himalayas are sometime called the earth’s “third pole”. They’re a vital source of water for a large chunk of the world’s population. But the local, national and international systems put in place to protect and manage human development in this vital ecosystem are failing. In this episode, Matt Smith travels to the Himalayas for Future Tense to gauge the size of the problem and possible solutions for safeguarding its future.




failing

Truck causes delays on SA freeway, as report finds many are failing safety checks

A Victorian driver allegedly tests positive to methamphetamine after his truck ran out of fuel on the South Eastern Freeway, causing traffic delays. It coincides with a report showing 60 per cent of trucks are failing safety inspections.




failing

Liberal candidate Georgina Downer to return to Victoria after twice failing to win SA seat of Mayo

High-profile Liberal candidate Georgina Downer announces she is returning to Victoria after failing twice to win the South Australian seat of Mayo.




failing

Gold is booming but mining towns are failing to cash in as miners' wages fly out

Business is booming for the gold mining industry as the price of the precious metal sets new benchmarks almost every day, but not everyone in mining towns like Kalgoorlie is taking a shine to the recent "mini gold rush".




failing

Ambulance Tasmania failing to meet health and safety standards for paramedics, leaked report shows

Consultants investigating Ambulance Tasmania found poor management of fatigue and workplace stress and a lack of workplace health and safety procedures across the organisation, a leaked report reveals.




failing

Water traders without connection to farming are 'failing the pub test', Minister says

Sussan Ley says she believes only people who have a "connection to farming" should be allowed to own water in the Murray-Darling Basin.




failing

Failings identified after wall of fire sparked by gas ignition rushes over underground miners

An incident in which a gas ignition sent a wall of fire over underground miners could have been deadly, the NSW Resources Regulator says in its initial investigation report.




failing

Citing pandemic, Denver judge puts U.S. Senate candidate on ballot despite failing to meet signature requirement

A Denver judge ordered that U.S. Senate candidate Michelle Ferrigno Warren must be placed on the June 30 primary ballot, despite falling well short of the Colorado Secretary of State's usual signature requirement.




failing

Debbie Lusignan the Sane Progressive calls out Bernie Sanders for failing to contest the election fraud in the Democratic primaries

Bernie Sanders would have already won this nominating contest if we had received an accurate accounting of the vote. It is deeply troubling the Senator would be sending out surrogates to talk about his allegiance to the Democratic party and Clinton in general in the face of the Party instituting theft against its own constituents. It is no mystery HOW to win. Count the votes and contest fraud. A tough Sane Progressive call out. Continue reading




failing

Short break support is failing family carers: reviewing progress 10 years on from Mencap’s first Breaking Point report

In 2006 Mencap produced a comprehensive review of short break provision. Now, 10 years on, they are revisiting the support available for family carers to see whether recent policy initiatives and investment have delivered the much-needed change. A total of 264 family carers responded to their survey on short breaks provision and experiences of caring. They also sent Freedom of Information requests to all 152 local authorities in England that provide social care services. This report looks at short breaks provision in a climate of cuts to central and local government budgets. It examines the extent to which these cuts have impacted on the lives of people with a learning disability and their family carers. It also looks at the state of affairs for family carers of children and young people across the full spectrum of learning disability; from people with mild and moderate learning disabilities, to people with severe and profound disabilities.




failing

Drunken, Booze-Soaked Facebook Statuses That'll Make You Thankful You're Not These Failing Idiots




failing

Germany Is Failing in its Efforts To Obtain Protective Gear

The German government failed to obtain enough protective masks for the country. That's one of the reasons Germany has so far refused to require its citizen's to wear them in public. But those facial coverings could be critical in lifting restrictions on public life.




failing

Hotel fined for putting staff and guests at risk through fire safety failings

A Stratford hotel and its owner have been ordered to pay a total of £45,000 for “serious and systemic” fire safety failures which “put staff and guests at risk”




failing

Tyre company director nailed for fire safety failings

The director of a scrap tyre yard has been handed a suspended prison sentence for a series of fire safety offences after an emergency fire door was nailed shut in a building where workers were living




failing

England and Australia Are Failing in Their Commitments to Refugee Health

10 September 2019

Alexandra Squires McCarthy

Former Programme Coordinator, Global Health Programme

Robert Verrecchia

Both boast of universal health care but are neglecting the most vulnerable.

2019-09-09-Manus.jpg

A room where refugees were once housed on Manus Island, Papua New Guinea. Photo: Getty Images.

England and Australia are considered standard-bearers of universal access to health services, with the former’s National Health Service (NHS) recognized as a global brand and the latter’s Medicare seen as a leader in the Asia-Pacific region. However, through the exclusion of migrant and refugee groups, each is failing to deliver true universality in their health services. These exclusions breach both their own national policies and of international commitments they have made.

While the marginalization of mobile populations is not a new phenomenon, in recent years there has been a global increase in anti-migrant rhetoric, and such health care exclusions reflect a global trend in which undocumented migrants, refugees and asylum seekers are denied rights.

They are also increasingly excluded in the interpretation of phrases such as ‘leave no one behind’ and ‘universal health coverage’, commonly used by UN bodies and member states, despite explicit language in UN declarations that commits countries to include mobile groups.

Giving all people – including undocumented migrants and asylum seekers – access to health care is essential not just for the health of the migrant groups but also the public health of the populations that host them. In a world with almost one billion people on the move, failing to take account of such mobility leaves services ill-equipped and will result in missed early and preventative treatment, an increased burden on services and a susceptibility to the spread of infectious disease.

England

While in the three other nations of the UK, the health services are accountable to the devolved government, the central UK government is responsible for the NHS in England, where there are considerably greater restrictions in access.

Undocumented migrants and refused asylum seekers are entitled to access all health care services if doctors deem it clinically urgent or immediately necessary to provide it. However, the Home Office’s ‘hostile environment’ policies towards undocumented migrants, implemented aggressively and without training for clinical staff, are leading to the inappropriate denial of urgent and clearly necessary care.

One example is the case of Elfreda Spencer, whose treatment for myeloma was delayed for one year, allowing the disease to progress, resulting in her death.

In England, these policies, which closely link health care and immigration enforcement, are also deterring people from seeking health care they are entitled to. For example, medical bills received by migrants contain threats to inform immigration enforcement of their details if balances are not cleared in a certain timeframe. Of particular concern, the NGO Maternity Action has demonstrated that such a link to immigration officials results in the deterrence of pregnant women from seeking care during their pregnancy.

Almost all leading medical organizations in the United Kingdom have raised concerns about these policies, highlighting the negative impact on public health and the lack of financial justification for their implementation. Many have highlighted that undocument migrants use just and estimated 0.3% of the NHS budget and have pointed to international evidence that suggests that restrictive health care policies may cost the system more.

Australia

In Australia, all people who seek refuge by boat are held, and have their cases processed offshore in Papua New Guinea (PNG) and Nauru, at a cost of almost A$5 billion between 2013 and 2017. Through this international agreement, in place since 2013, Australia has committed to arrange and pay for the care for the refugees, including health services ‘to a standard of care broadly comparable to that available to the general Australian community under the public health system’.

However, the standard of care made available to the refugees is far from comparable to that available to the general population in Australia. Findings against the current care provision contractor on PNG, Pacific International Hospital, which took over in the last year, are particularly damning.

For instance, an Australian coroner investigating the 2014 death from a treatable leg infection of an asylum seeker held in PNG concluded that the contractor lacked ‘necessary clinical skills’, and provided ‘inadequate’ care. The coroner’s report, issued in 2018, found the company had also, in other cases, denied care, withheld pain relief, distributed expired medication and had generally poor standards of care, with broken or missing equipment and medication, and services often closed when they were supposed to be open.

This has also been reiterated by the Royal Australasian College of Physicians, which has appealed to the Australian government to end its policies of offshore processing immediately, due to health implications for asylum seekers. This echoes concerns of the medical community around the government’s ongoing attempts to repeal the ‘Medivac’ legislation, which enables emergency medical evacuation from PNG and Nauru.

Bad policy

Both governments have signed up to UN Sustainable Development Goals commitment to ‘safe and orderly migration’, an essential component of which is access to health care. The vision for this was laid out in a global action plan on promoting the health of refugees and migrants, agreed by member states at the 2019 World Health Assembly.

However, rather than allow national policies to be informed by such international plans and the evidence put forward by leading health professionals and medical organizations, the unsubstantiated framing of migrants as a security risk and economic burden has curtailed migrant and refugee access to health care.

The inclusion of migrants and refugees within universal access to health services is not merely a matter of human rights. Despite being framed as a financial burden, ensuring access for all people may reduce costs on health services through prevention of costly later-stage medical complications, increased transmission of infections and inefficient administrative costs of determining eligibility.

Thailand provides an example of a middle-income country that recognized this, successfully including all migrants and refugees in its health reforms in 2002. Alongside entitling all residents to join the universal coverage scheme, the country also ensured that services were ‘migrant friendly’, including through the provision of translators. A key justification for the approach was the economic benefit of ensuring a healthy migrant population, including the undocumented population.

The denial of quality health services to refugees and undocumented migrants is a poor policy choice. Governments may find it tempting to gain political capital through excluding these groups, but providing adequate access to health services is part of both governments’ commitments made at the national and international levels. Not only are inclusive health services feasible to implement and good for the health of migrants and refugees, in the long term, they are safer for public health and may save money.




failing

England and Australia Are Failing in Their Commitments to Refugee Health

10 September 2019

Alexandra Squires McCarthy

Former Programme Coordinator, Global Health Programme

Robert Verrecchia

Both boast of universal health care but are neglecting the most vulnerable.

2019-09-09-Manus.jpg

A room where refugees were once housed on Manus Island, Papua New Guinea. Photo: Getty Images.

England and Australia are considered standard-bearers of universal access to health services, with the former’s National Health Service (NHS) recognized as a global brand and the latter’s Medicare seen as a leader in the Asia-Pacific region. However, through the exclusion of migrant and refugee groups, each is failing to deliver true universality in their health services. These exclusions breach both their own national policies and of international commitments they have made.

While the marginalization of mobile populations is not a new phenomenon, in recent years there has been a global increase in anti-migrant rhetoric, and such health care exclusions reflect a global trend in which undocumented migrants, refugees and asylum seekers are denied rights.

They are also increasingly excluded in the interpretation of phrases such as ‘leave no one behind’ and ‘universal health coverage’, commonly used by UN bodies and member states, despite explicit language in UN declarations that commits countries to include mobile groups.

Giving all people – including undocumented migrants and asylum seekers – access to health care is essential not just for the health of the migrant groups but also the public health of the populations that host them. In a world with almost one billion people on the move, failing to take account of such mobility leaves services ill-equipped and will result in missed early and preventative treatment, an increased burden on services and a susceptibility to the spread of infectious disease.

England

While in the three other nations of the UK, the health services are accountable to the devolved government, the central UK government is responsible for the NHS in England, where there are considerably greater restrictions in access.

Undocumented migrants and refused asylum seekers are entitled to access all health care services if doctors deem it clinically urgent or immediately necessary to provide it. However, the Home Office’s ‘hostile environment’ policies towards undocumented migrants, implemented aggressively and without training for clinical staff, are leading to the inappropriate denial of urgent and clearly necessary care.

One example is the case of Elfreda Spencer, whose treatment for myeloma was delayed for one year, allowing the disease to progress, resulting in her death.

In England, these policies, which closely link health care and immigration enforcement, are also deterring people from seeking health care they are entitled to. For example, medical bills received by migrants contain threats to inform immigration enforcement of their details if balances are not cleared in a certain timeframe. Of particular concern, the NGO Maternity Action has demonstrated that such a link to immigration officials results in the deterrence of pregnant women from seeking care during their pregnancy.

Almost all leading medical organizations in the United Kingdom have raised concerns about these policies, highlighting the negative impact on public health and the lack of financial justification for their implementation. Many have highlighted that undocument migrants use just and estimated 0.3% of the NHS budget and have pointed to international evidence that suggests that restrictive health care policies may cost the system more.

Australia

In Australia, all people who seek refuge by boat are held, and have their cases processed offshore in Papua New Guinea (PNG) and Nauru, at a cost of almost A$5 billion between 2013 and 2017. Through this international agreement, in place since 2013, Australia has committed to arrange and pay for the care for the refugees, including health services ‘to a standard of care broadly comparable to that available to the general Australian community under the public health system’.

However, the standard of care made available to the refugees is far from comparable to that available to the general population in Australia. Findings against the current care provision contractor on PNG, Pacific International Hospital, which took over in the last year, are particularly damning.

For instance, an Australian coroner investigating the 2014 death from a treatable leg infection of an asylum seeker held in PNG concluded that the contractor lacked ‘necessary clinical skills’, and provided ‘inadequate’ care. The coroner’s report, issued in 2018, found the company had also, in other cases, denied care, withheld pain relief, distributed expired medication and had generally poor standards of care, with broken or missing equipment and medication, and services often closed when they were supposed to be open.

This has also been reiterated by the Royal Australasian College of Physicians, which has appealed to the Australian government to end its policies of offshore processing immediately, due to health implications for asylum seekers. This echoes concerns of the medical community around the government’s ongoing attempts to repeal the ‘Medivac’ legislation, which enables emergency medical evacuation from PNG and Nauru.

Bad policy

Both governments have signed up to UN Sustainable Development Goals commitment to ‘safe and orderly migration’, an essential component of which is access to health care. The vision for this was laid out in a global action plan on promoting the health of refugees and migrants, agreed by member states at the 2019 World Health Assembly.

However, rather than allow national policies to be informed by such international plans and the evidence put forward by leading health professionals and medical organizations, the unsubstantiated framing of migrants as a security risk and economic burden has curtailed migrant and refugee access to health care.

The inclusion of migrants and refugees within universal access to health services is not merely a matter of human rights. Despite being framed as a financial burden, ensuring access for all people may reduce costs on health services through prevention of costly later-stage medical complications, increased transmission of infections and inefficient administrative costs of determining eligibility.

Thailand provides an example of a middle-income country that recognized this, successfully including all migrants and refugees in its health reforms in 2002. Alongside entitling all residents to join the universal coverage scheme, the country also ensured that services were ‘migrant friendly’, including through the provision of translators. A key justification for the approach was the economic benefit of ensuring a healthy migrant population, including the undocumented population.

The denial of quality health services to refugees and undocumented migrants is a poor policy choice. Governments may find it tempting to gain political capital through excluding these groups, but providing adequate access to health services is part of both governments’ commitments made at the national and international levels. Not only are inclusive health services feasible to implement and good for the health of migrants and refugees, in the long term, they are safer for public health and may save money.




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Australian public service failing to share information: Public Sector Data Management report

A report has revealed stunning examples of public service inefficiency when it comes to releasing and managing data.




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US must address addiction as an illness, not as a moral failing, Surgeon General says




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Doctors face manslaughter charge for failing to raise alarm over killer nurse




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Why we are failing patients with multimorbidity

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A District Knew It Was Failing Some Students. How It's Using Parents to Help

The Minneapolis district—with large achievement gaps between white and black students—is enlisting parents from communities of color to help it gather broader and better feedback on how to improve.




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Cincinnati auxiliary bishop resigns after failing to act on allegations

Washington, D.C. Newsroom, May 7, 2020 / 07:55 am (CNA).- Pope Francis has accepted the resignation of Bishop Joseph Binzer, Cincinnati's auxiliary bishop, who was accused in August of failing to act on allegations made against a priest. 

A statement from the Holy See press office May 7 said the pope had accepted the 65-year-old bishop’s resignation but gave no reason for the decision. 

In a statement released by the Archdiocese of Cincinnati, Archbishop Dennis Schnurr said the pope accepted Binzer’s resignation after conversations between the bishop and the Holy See. 

The archdiocese also included a brief statement from Binzer in which he said he was “deeply sorry for my role in addressing the concerns raised about Father Drew, which has had a negative impact on the trust and faith of the people of the Archdiocese of Cincinnati.”  

“In April, having studied this matter since last summer, the Holy See informed me that it agreed with this assessment. As a result, and after much prayer and reflection, I offered my resignation from the Office of Auxiliary Bishop of the Archdiocese of Cincinnati,” said Binzer. ”I believe this to be in the best interest of the archdiocese.”

Archbishop Schnurr said that although retired, Binzer will continue to serve in the archdiocese with the title of “Auxiliary Bishop Emeritus.” 

“What exactly that ministry will look like will be determined after discussions between Bishop Binzer, the Priest Personnel Board, and me,” Schnurr said. “In this difficult and unfortunate time, please keep Bishop Binzer and all the people of the archdiocese in your prayers.”

Archbishop Schnurr removed Binzer from his position as head of priest personnel in August, after CNA presented officials with its investigation into claims that Binzer failed to pass on reports that a priest had engaged in inappropriate behavior with teenage boys.

In August last year, Schnurr told CNA that “We obviously made serious mistakes in our handling of this matter, for which we are very sorry.”

While Schnurr’s public comments did not address Binzer’s role directly, senior sources in the archdiocese told CNA in August that Schnurr had “gone nuclear” when he discovered the situation.

“The archbishop was as mad as I have ever seen him. When he was told that Bishop Binzer had withheld information, well, he used words I have never heard him use before,” one senior source told CNA, saying Schnurr called Binzer’s actions a “firestorm” for the archdiocese.

In September, 2019, an archdiocesan spokesperson told CNA that Schnurr had sent a "full report to Rome on the whole case and he is waiting for the Vatican’s response,” and he expected "a full investigation” to be conducted by the Vatican.

Binzer later resigned as a member of the U.S. bishops’ conference committee for the protection of children and young people, on which he represented Region VI.

CNA reported in August last year that Binzer was told in 2013 about allegations concerning a recently suspended priest, Fr. Geoff Drew, and failed to disclose them to Cincinnati Archbishop Dennis Schnurr and other archdiocesan officials.

While the archdiocesan victims’ assistance coordinator, who reported to Binzer, was aware of the allegation, the information was not made known to the diocesan priest personnel board or Archbishop Schnurr. 

In 2015, similar allegations were again made against Drew. The matter was forwarded to Butler County officials, who determined that the activity was not criminal. Again, Binzer reported neither the complaints nor the investigation to the archbishop or informed the priest personnel board.

Sources in the archdiocesan chancery told CNA in August that Binzer met with Drew twice, was assured by him that he would reform his conduct, and considered this sufficient.

In early 2018, Drew applied for a transfer to St. Ignatius of Loyola Parish in Green Township, which is attached to the largest Catholic school in the archdiocese.

As head of priest personnel, Binzer was in charge of the process that considers requests and proposals for reassignment, in conjunction with the priest personnel board.

Neither the board nor the archbishop were made aware of the multiple complaints against Drew, and the transfer was approved.

The allegations were also reportedly not recorded by Binzer in the priest’s personnel file that would have been available to the archdiocesan personnel board as part of the process.

A month after Drew’s arrival at St. Ignatius, a parishioner at Drew’s former parish resubmitted the 2015 complaints about the priest, but this time it was also brought to the attention of Archbishop Schnurr.

Also in 2018, Binzer received an additional complaint of similarly inappropriate contact by Drew, dating to his time as a high school music teacher, before his ordination as a priest. 

Following a diocesan investigation, Drew was ordered to attend counselling with a psychologist.

On July 23, Drew was removed from ministry, when it emerged that he had sent a series of inappropriate text messages to a 17-year-old. 

Chancery sources told CNA in August that it was only after the recent incident at St. Ignatius that archdiocesan officials discovered that the otherwise undisclosed complaints about Drew had been made to Binzer, and that the auxiliary bishop had failed to report them to other diocesan officials, or raise them during the decision to approve his transfer in 2018.




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Failing to Empower Women Peacebuilders: A Cautionary Tale from Angola




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Failing business man finds hope and purpose

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We Are Failing Our Most Vulnerable Children

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The Congo's Transition Is Failing: Crisis in the Kivus




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Warren: 'We Are Failing on Our Country's Promise' to Children With Disabilities

A new plan from Democratic presidential candidate and former special educator Elizabeth Warren touches on some glaring issues in special education: graduation disparities, hard-to-access school buildings, and discipline practices that disproportionately affect black, Latino, and Native American stud




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Post-synthesis Simulation Failing when lp_insert_clock_gating true

When I enable clock gating in my synthesis flow (using Genus 18.15), my simulation (using Xcelium) on the post-synthesis netlist fails. The simulation succeeds pre-synthesis and also if I remove clock-gating in the design. I use set_db  lp_insert_clock_gating true to enable clock gating during synthesis. I printed out some of the signals from the netlist and can see where it fails (it incorrectly writes a register). However, I am not sure how to solve this issue or what I should be looking for. Any help would be appreciated. Thanks.




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Survey reveals offshore wind failing to embrace digitalisation

The offshore wind market in the is lagging behind other areas of the energy sector when it comes to embracing – and understanding – the potential of digital technologies.




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Public procurement case law update: The need to clarify the consequences of failing to meet an award criterion

MLS (Overseas) Limited v The Secretary of State for Defence [2017] EWHC 3389 (TCC) Summary In a recent judgment following a challenge to a competitive procurement process run by the Ministry of Defence (“MoD”) (MLS (Overseas) Limited v T...




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Local Government Briefing Note 6 of 2015 - Converting failing schools into Academies - a closer look at the Education and Adoption Bill

Background The Government’s latest proposal in reforming the English schooling system was laid before Parliament last week in the form of the Education and Adoption Bill 2015-16 (“the Bill”). The Bill sets out provisions to conver...