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Newlyweds forced apart by new law

MPs intervene on behalf of Welshman and Canadian wife who could be forced apart by new minimum age for spousal visas

MPs have taken up the case of two young newlyweds who are being forced apart as an unintended consequence of a new immigration law aimed at protecting Asian women from forced marriages.

Adam Wallis and Canadian Rochelle Roberts, who married in the UK a week after her visa ran out, face an enforced year and a half of separation until she is 21.

Their plight stems from changes in immigration rules that increased the minimum age for spousal visas to 21 in an attempt to reduce the possibility of forced marriages.

Keith Vaz, the chairman of the Commons home affairs select committee, said last night the case could prompt a change in the law, adding: “This is clearly a case which needs to be looked at by a minister.”

“What needs to happen is the government needs to say, ministers in the Home Office need to say, that this is not what we intended with this act,” Vaz told the BBC’s Newsnight.

“This is clearly not a forced marriage. What we now have to do is look at what has happened.

“Legislation shouldn’t be set in stone. If there are mistakes, if there are amendments that need to be made, then we should make them and … I’m very happy to take up this case and pass it on to the home secretary.”

Wallis said he would fly to Canada to be with his wife if she was thrown out of the UK, but would only be allowed to stay there for six months on his visa.

The 28-year-old recently found a job as an electrical technician, but said he was not sure whether he could commit to it long-term because of the threat of his wife’s deportation.

“It is deeply stressful for both of us,” he said. “It is a very upsetting time and very hard to deal with.”

The couple met in Canada more than two years ago and remained in close contact before she decided to visit him at his home in Aberystwyth, Wales, last March.

They decided to marry and applied for permission from the Home Office a month before her visa ran out.

Arrangements for the wedding were delayed after the authorities lost the couple’s passport photos. Permission was finally granted a week before the visa ran out, but the couple were unable to arrange the wedding at such short notice.

By the time they married a few weeks later, and sent forms applying for Roberts to remain in the country, she had technically overstayed her visa.

The 18-month separation set to be imposed was described as an “inconvenience” in a letter from the UK Border Agency to the couple’s local MP, Mark Williams.

Williams said the couple’s plight was an example of what happened when a blanket government policy was applied to a specific issue.

“I think it is a horrific case – government policy that starts out with good intentions, but a blanket approach that nets in the most innocent of people,” he added.

A spokesman for the Home Office said: “Rochelle Roberts was refused permission to remain as a spouse because she came as a visitor and remained here illegally after her visa expired.

“The immigration rules are clear that those people who arrive as visitors and those that remain here illegally cannot remain in the United Kingdom as a spouse. Rochelle Roberts’s age was not the reason her application was refused.

“As a measure to protect young people from being pressurised into sponsoring a spouse from overseas, we have raised the age for sponsorship for a marriage visa from 18 to 21 … overall, we believe there are various benefits outweighing the drawbacks.”

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Labour fears third place in Norwich North byelection

Tories look on course to overturn 5,459 majority, with Labour locked in battle with Lib Dems for second place

Gordon Brown was today bracing himself for the possibility that Labour could be pushed into a humiliating third place in the Norwich North byelection.

As counting began in the first election since the MPs’ expenses scandal rocked Westminster, the Conservatives look on course to overturn the 5,459 majority won in 2005 by Ian Gibson, with Labour locked in a battle with the Liberal Democrats for second place.

David Cameron has visited the constituency six times during the campaign, underlining the opposition’s determination to snatch the seat for its candidate, Chloe Smith.

The election in the Norfolk seat, comfortably held by Labour since 1997, was caused by the resignation of Ian Gibson. But with turnout at 45% – down almost a third on the 2005 general election figure of 61.09% – Labour supporters are thought to have stayed at home in protest against the party’s treatment of Gibson, a popular local figure.

Gibson quit after Labour ruled that he would not be allowed to stand at the next election because he had used parliamentary expenses to fund a flat that he subsequently sold to his daughter at a discount.

Some voters told the party they would not vote for his would-be replacement, 28-year-old Chris Ostrowski, who is recovering from swine flu, because of the way Gibson was treated.

One Labour insider said: “The Conservatives are trying to play down what is happening but I think the reality is that Labour is in a fight with the Lib Dems for second place.

“The turnout has been poor in traditional Labour areas and I think the reality is that the Tories have taken the seat.”

Green sources also said the Conservatives were set for victory.

But a Green party spokesman said: “We are still confident of claiming our best result in a byelection.”

The Tories were confident that Smith, 27, would win, but were downplaying comparisons with the Crewe and Nantwich byelection last year, when the party overturned a Labour majority of more than 7,000, winning by 7,860 with a swing of 17.6%.

“Norwich North is different because, as a result of expenses, the voters are angry with all parties,” one senior Tory said.

Brown acknowledged Labour could suffer at the ballot box and attempted to focus the blame for any poor performance on the “unique” circumstances of the election.

“We are the only political party that has taken as dramatic action as suspending people from the membership of the parliamentary Labour party, and we have done that in a number of cases where we thought that what has happened has been unacceptable,” he said at his Downing Street press conference on Wednesday.

“I hope people who are Labour voters will come out and vote Labour, but I think people do understand the uniqueness of this byelection resulting from the parliamentary events that came before.”

But senior Labour MP Tony Wright accused Brown of making an error by punishing Gibson in an effort to appear “tough” on MPs caught up in the expenses scandal.

Wright, the chairman of the Commons public administration committee and a friend of Gibson’s, told BBC2′s Newsnight: “I do think he was badly treated. I think there were people in the House of Commons who did far worse things than he did.

“I think he was a victim of a moment when all the parties, and all the party leaders, were falling over each other to show how tough they were being.

“One of the fascinating paradoxes of this election is that, if Ian had been standing, a victim of the expenses scandal in this first election since we had the expenses row, he would have walked it by a mile.

“This is another election where people want to kick the politicians and they will kick, particularly, the politicians in power.

“This is different from when you come to a general election, which we will have in about 10 months’ time, where people have to choose a government.”

To compound Labour’s difficulties, its candidate, Chris Ostrowski, was forced to abandon the campaign trail in the run-up to polling day after collapsing with a bout of swine flu and being taken to hospital. He is staying away from the count but his wife is expected to be there in his place. The Liberal Democrats, who were well behind the Tories in 2005, claimed the byelection would be a Tory-Lib Dem contest and that Labour could come third behind their candidate, April Pond.

If either Ostrowski or Smith wins the seat, they will become the youngest MP at Westminster.

The unofficial title of “baby of the house” is currently held by the 29-year-old Liberal Democrat Jo Swinson.

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New swine flu cases double in a week

About 100,000 people caught swine flu in England last week, the chief medical officer revealed today, as the government’s online diagnosis service crashed within minutes of launch when thousands of people tried to log on at the same time.

The rapid spread of the virus was confirmed as the National Pandemic Flu Service – dispensing advice and anti-viral prescriptions over the telephone and online – went live to relieve pressure on GPs.

The world’s first government-run swine flu diagnosis website could not cope with the volume of traffic when it opened for business at 3pm today. Designed to handle 1,200 hits a second, the service was suspended just four minutes later when 2,600 people tried to access it every second.

The service’s inauspicious launch came as new official figures on consultation rates with GPs showed that:

• the infection has spread broadly across the country from the hotspots where it was initially concentrated;

• under-14s are the most affected;

• 840 patients in England are receiving hospital treatment for illnesses associated with the H1N1 virus, of whom 63 are in intensive care. Comparable figures for the previous week were: 652 in hospital and 53 in intensive care.

In another development, a pregnant woman critically ill with swine flu was transferred to Sweden for specialised treatment after suffering a rare complication.

The 26-year-old Scot was flown out because all five beds were occupied at the national unit in Leicester that provides the highly specialised procedure known as extracorporeal membrane oxygenation (ECMO), which involves circulating the patient’s blood outside the body and adding oxygen to it artificially.

Nationally, the Department of Health said there were hopeful signs, producing a revised death rate that showed lower than anticipated fatalities and suggesting there could be a lull in infections over the summer.

Following a rigorous investigation of reported fatalities, Sir Liam Donaldson, the chief medical officer, said there had been 26 “provisionally validated” swine flu deaths in England since the beginning of the outbreak. Combined with four deaths reported in Scotland, the UK total stood at 30.

Unlike normal seasonal flu, which is a threat primarily to the pneumonia-prone elderly, the H1N1 virus appears to affect the young more severely. Of those who have died in England, a third were under the age of 15 while only 17% of fatalities have been among pensioners.

Within the same sample of 26 deaths, two-thirds of the victims had what were described as pre-existing “severe conditions” such as leukaemia, and only 16% were described as fully “healthy”.

The infection rate has almost doubled from an estimated 55,000 new cases in the previous week to 100,000 fresh cases. A slight dip in daily consultation rates with GPs within the last few days has given some health officials hope that the first wave of infections may have peaked in Britain, Donaldson said. “You will see a suggestion of a downturn but I don’t think you can read too much into it at this stage,” he added.

A scenario anticipated by Department of Health officials and those from other departments who meet regularly in the Cabinet Office’s emergency planning committee, Cobra, is for a slowdown in the infection rate during the summer when schools are closed. The outbreak may pick up pace again in the autumn.

Donaldson said there was no evidence of the virus becoming more virulent and stressed that for most people it would be relatively mild. He denied there was a danger of a shortage of respirators for children in intensive care beds. “We can expand capacity somewhat in the event of an emergency by cancelling some routine operations,” he added.

The fact that rates of influenza-like illness are running at a far higher level than those normally observed during high summer remains a puzzle for scientists. In previously severe outbreaks activity dipped.

“This level in July and August is highly unusual,” Donaldson said.

Tower Hamlets in east London continues to be the primary care trust with the highest number of GP consultations for people with flu-like illness. It is seeing 792 consultations for every 100,000 people, followed by Islington in north London with 488 consultations for every 100,000 people.

Other parts of England that are severly affected include Greenwich, south-east London, Leicester, and Telford and Wrekin, Shropshire. In Wales, 3,075 people contacted their GPs in the past week with symptoms of the H1N1 virus.

Swine flu infection rates in Scotland appear to have reached record levels, with the virus spreading uniformly across the country, despite hopes the outbreak may have peaked.

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Guardian Daily: MPs attack Balls over Sats

Ed Balls, the children’s secretary, was partly to blame for last year’s Sats fiasco, according to a report by MPs on the children, schools and families select committee. Barry Sheerman, who chairs the committee, says government interference caused confusion in the body responsible for regulating the exam system.

Although Labour is widely expected to lose today’s Norwich North byelection, chief leader writer Julian Glover says the result is hard to predict.

Hamid Karzai has refused to take part in tonight’s televised debate between candidates in next month’s Afghan presidential election. As Jon Boone reports from Kabul, Karzai’s support is slipping away, to the consternation of western diplomats.

Topless sunbathing is in decline
in its spiritual home, France. Our Paris correspondent Angelique Chrisafis says younger Frenchwomen don’t share the traditional view of going topless as being synonymous with feminism and rebellion.

Martin Wainwright reports from a stately home in Yorkshire, where a cache of rare gramophone records was discovered by a keen-eyed visitor.


FSA considers sanction moves

• Advisers who help their customers pay less tax could be fined or struck off under watchdog’s new code of conduct
• FSA chief defends regulator’s record during recent crisis and says its culture has been transformed

Bank bosses who allow their firms to devise schemes to help customers avoid paying tax could face sanctions from the Financial Services Authority.

The City regulator is considering its position on the government’s new code of conduct on tax after Nigel Harper, banking adviser at HM Revenue & Customs, took the unusual decision of raising the matter the regulator’s annual public meeting today.

The code, which is out for consultation, is intended to be voluntary and is designed to save the taxpayer billions of pounds lost through complex but legal avoidance schemes operated by some banks.

The government has already said bank that refuse to sign up or act against the “spirit” of the current tax laws will be subjected to heavier scrutiny from HMRC.

Until today the FSA’s involvement had been unclear. Harper told the packed meeting in the City that he was particularly referring to the structured finance operations of banks, which often specialise in tax planning, when he asked whether individuals employed by banks not signing up to the code would still be considered “fit and proper” under the FSA’s rules.

The FSA authorises people to work in the City on the basis that they are “fit and proper”. It has the power to strike individuals off the register or fine them.

Hector Sants, chief executive of the FSA, said the topic was likely be included in a consultation on the FSA’s “fit and proper” test, which is expected in the autumn.

The FSA has not yet reached any conclusions on how it will handle the voluntary code. Sants said: “I’m sure [the consultation] will pick up on HMRC codes and any other codes”.

Lord Turner, the FSA chairman, said: “The whole overlap between tax and regulatory arbitrage and the fit and proper test is one we are still thinking about.” Turner also said the regulator was encouraging banks to have simpler operational structures, noting that international banks had “extremely complicated legal structures”. “It is a very complicated area. We are not a tax enforcement agency,” he said.

HMRC also noted that the FSA did not have tax enforcement powers and was forced to stress that Harper was attending the meeting in a personal rather than professional capacity.

“HMRC already has very good relations with the FSA, we talk about a range of issues of mutual interest, including the code of practice on taxation for banks,” HMRC said.

Turner warned that the uncertainty surrounding the future of the regulator, created by Gordon Brown when he was chancellor, was affecting recruitment and the implementation of changes that were needed after the worst financial crisis since the Great Depression. The shadow chancellor, George Osborne, announced on Monday he would disband the FSA and give more powers on bank regulation to the Bank of England.

“It would be idiotic to deny that uncertainty is a complicating factor. It is a challenge for us to maintain focus on what really matters,” Turner said.

Sants insisted the FSA, after embarking on a more intensive approach to regulation, was “fit for purpose”. Turner added: “I don’t think any other magical organisation out there can do better.”

The chairman has warned the Conservatives how difficult it would be to implement the handover to the Bank of England.

Turner said banks could in some instances be required to hold up “three or five or six times” more capital than they do now to underpin their riskier businesses.

He said the City was only slowly realising the extent of extra capital it might need, citing research by JP Morgan this week which suggested Barclays might need £12.8bn and RBS £8.5bn to meet new rules.

Turner also admitted that the capital requirements might be delayed in some instances because of the recession – a time when banks might ordinarily be allowed to eat into surplus capital.

Sants was forced to defend the FSA’s decision to pay out bonuses to its staff this year. He said: “The marketplace we are hiring from and at risk of being recruited into is highly competitive.”

The FSA has begun interviewing boardroom candidates at banks since the crisis, not only to test their probity but also their competency. Sally Dewar, managing director of wholesale regulation at the FSA, said: “We have seen several potential non-executives withdraw their applications.”

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Public services ‘face decade of pain’

Institute for Fiscal Studies forecasts 16% cuts across Whitehall

Britain will face spending cuts of more than 16% to key public services, such as law and order and higher education, if Labour and the Tories deliver on their goals to protect schools, hospitals and defence, the Institute for Fiscal Studies has warned.

As the two main parties gear up for a bitter general election battle that will be dominated by this issue, the IFS says Britain is facing a decade of pain that will see the tightest constraint in public service spending since 1977.

Concern has grown already this week about immediate shortfalls in the culture and education budgets, but the Guardian is publishing research by the IFS at the start of a two-day series on the future of public spending which reveals that spending on a majority of public services will have to be cut by up to 16.3% over the next three-year spending period – 2011-14 – if the next government is to deliver real-term rises for health, schools, defence and overseas aid.

Labour and the Tories have both said they would like to protect these four areas. They have also agreed, at a minimum, to cut Britain’s record fiscal deficit from 11.9% of GDP next year to 1.3% by 2018.

Carl Emmerson, the IFS’s deputy director, said: “It could be eight years of pain … Unfortunately that is the kind of choices we are looking at. It will be very difficult for public services. Under the Labour spending plans at the moment it is the tightest three-year period since 1977 when the IMF were involved in setting spending plans in the UK.”

Gordon Brown and David Cameron are warned by Four former chancellors – Denis Healey, Geoffrey Howe, Nigel Lawson and Norman Lamont – say Britain is facing the most far-reaching public spending cuts since the 1970s. Speaking to the Guardian, Lord Lawson, who is advising the Tories, indicates that Cameron will follow the example of Margaret Thatcher, who held an emergency budget within 40 days of her election victory in 1979 to stabilise sterling.

Lord Healey, Labour chancellor from 1974-79, says: “It is always painful to many people depending on what area you cut. It will be very painful for those who get the money at the moment.”

Sir Michael Bichard, former permanent secretary at the education department, who is advising both the Treasury and the Tories, tells the Guardian that the political debate on public spending is still “pretty undeveloped”. He also calls for a “jolt to the machine” to shake up Whitehall.

“We all are currently guilty of engaging in a debate about tactical issues when there are some huge strategic issues,” he said. “I think the debate about public spending is pretty undeveloped. But you’ve also got an election in less than a year and there aren’t many politicians who want to be seen with an axe in their hand in the year before an election.”

He and other recently retired mandarins have urged the two main party leaders to consider a complete overhaul of Whitehall to avoid costly duplication in the distribution of public spending.

Public spending has already become the key election battleground. The row erupted when Gordon Brown claimed the Tories would threaten vital public services after Andrew Lansley, the shadow health secretary, said public spending would have to be cut by 10% if NHS spending were to rise in line with inflation, as the Tories have promised, and social security and debt interest payments were maintained.

The government softened its position last week, with Lord Mandelson saying that Britain faces years of spending restraint, after it became clear that Lansley made his comments on the basis of government and IFS figures. The IFS is to go a step further and explain how the 10% cuts will be increased to 16.3% if similar spending safeguards are offered to schools, defence and overseas aid.

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Brown braced for defeat as Norwich North byelection count begins

• Turnout was expected to be well down on the 2005 general election
• A senior Tory source predicted a “tight finish” with just 40% of the electorate casting their vote

Gordon Brown is bracing himself for defeat in the Norwich North byelection as counting begins in what will be the first electoral test since the MPs expenses scandal rocked Westminster.

The byelection in Norwich North, comfortably held by Labour since 1997, was caused by the resignation of Ian Gibson, who quit after Labour ruled that he would not be allowed to stand at the next election because he used parliamentary expenses to fund a flat which he subsequently sold at a discount to his daughter.

The Tories were confident that their candidate, Chloe Smith, 27, will win today, though were nervous of comparisons with the Crewe and Nantwich byelection last year, when the Tories overturned a Labour majority of more than 7,000, winning by 7,860 with a swing of 17.6%. “Norwich North is different because, as a result of expenses, the voters are angry with all parties,” said one senior Tory.

Indeed turnout was expected to be well down on the 2005 general election of 61.09%. A senior Tory source predicted a “tight finish” with just 40% of the electorate casting their vote.

Gibson, who was popular in the constituency, had a majority of 5,459 in 2005, and Labour’s decision to ban him as a candidate appears to have backfired, with some voters telling the party that they would not vote for his would-be replacement – Chris Ostrowski, 28, who is recovering from swine flu – because they think Gibson was treated unfairly.

Gordon Brown acknowledged the party could suffer at the ballot box and attempted to focus the blame for any poor performance on the “unique” circumstances of the election.

“We are the only political party that has taken as dramatic action as suspending people from the membership of the Parliamentary Labour Party and we have done that in a number of cases where we thought that what has happened has been unacceptable,” he said at his Downing Street press conference.

“I hope people who are Labour voters will come out and vote Labour but I think people do understand the uniqueness of this by-election resulting from the parliamentary events that came before.”

But Senior Labour MP Tony Wright accused Brown of making an error by punishing Gibson in an effort to appear “tough” on MPs caught up in the expenses scandal.

Wright, chairman of the Commons Public Administration Committee and a friend of Gibson’s, told BBC 2′s Newsnight: “I do think he was badly treated. I think there were people in the House of Commons who did far worse things than he did.

“I think he was a victim of a moment when all the parties, and all the party leaders, were falling over each other to show how tough they were being.

“One of the fascinating paradoxes of this election is that if Ian had been standing, a victim of the expenses scandal, in this first election since we had the expenses row, he would have walked it by a mile.”

He said: “This is another election where people want to kick the politicians and they will kick, particularly, the politicians in power.

“This is different from when you come to a general election, which we will have in about 10 months’ time, where people have to choose a government.”

David Cameron has made a series of high-profile visits to the city in a sign of the party’s determination to overturn the 5,459 majority won by Gibson in 2005.

Smith has responded to the challenge of campaigning in a climate of scepticism about politicians by issuing her own “contract with the people of Norwich North” containing various promises on policy and expenses.

The Liberal Democrats, who were well behind the Tories in 2005, have claimed that it is a Tory-Lib Dem contest, and that Labour could come third behind their candidate, April Pond.

If either 28-year-old Ostrowski or his Smith wins the seat they will become the youngest MP at Westminster.

The unofficial title of “baby of the House” is currently held by the 29-year-old Liberal Democrat Jo Swinson.

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MPs urge voluntary ‘pay as you drive’ plan

Motorists do not believe the government’s claims that road taxes help cut carbon dioxide emissions and boost public transport investment, according to an MPs’ report released today which recommends a voluntary “pay as you drive” scheme.

The report, by the Commons transport committee, urges ministers to revive the idea of giving motorists the option of being taxed per mile driven – one of the most controversial government proposals of recent years. The recommendation comes with a warning that says the motoring public has become “mistrustful” of taxes on road users.

The committee’s chair, Louise Ellman, Labour MP for Liverpool Riverside, said recent increases in vehicle excise duty had been handled so badly the image of environmental taxes had been tarnished.

The report says: “The government has been inconsistent in the way that it has justified motoring taxes. Fuel duty has been presented, at different times, as a tool to reduce carbon emissions, a source of general revenue, and a means to fund transport investment. We are concerned that motorists are mistrustful of the government regarding taxes.”

The idea is that “pay as you drive” schemes could be used as a substitute for excise duty or fuel duty payments.

Road pricing remains a politically toxic subject for the government after nearly 2 million people signed an online Downing Street petition condemning the concept two years ago.

However, the reintroduction of road pricing into the tax debate was welcomed by one leading motorists’ thinktank. The RAC Foundation said a charging scheme “might become unavoidable” but ministers had to restore belief in the purpose of road taxes first.

Taxes on drivers raise about £45bn a year for the Treasury, say motorists’ groups.

Stephen Glaister, director of the RAC Foundation, said motorists would not back a revised road tax system with the “apparent sole intention of shoring up the nation’s ailing finances”. He added: “For any radical policy to be successful, public trust in the politicians introducing it is essential. That trust is lacking.”

According to an AA poll, 86% of UK drivers do not believe the government would deliver a fair road-pricing programme. Edmund King, the AA’s president, said the introduction of even a small scheme would be “some way off” because of the online petition revolt and the recent rejection of a congestion charge by voters in Manchester. “Voluntary or not, it would be very difficult to introduce at the moment,” he said.

A Treasury spokesperson said: “Government has always been very clear that transport taxes are primarily revenue-raising – but that they also send strong environmental signals, encouraging greater fuel efficiency, and the purchase of lower-emitting cars.”

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Cultural Britain is flourishing

Beyond taxpayer-funded temples of establishment art, people are flocking to participate in festivals – and paying to do so

This is a tale of two cultures. Towering over Walsall town centre is an acclaimed icon of 20th-century architecture. There is another in Gateshead, another in Salford, another in Cardiff, another in Edinburgh, and many in London.

The Walsall art gallery is adorned with two sure signs of big art, a clutch of architectural awards and a clutch of deficits. Nothing embodied the extravagance of millennial Britain so much as the stupefying sums spent on large arts buildings, with little idea of what to put in them. One day they may yet lie like the Greek theatre at Palmyra, a silent ruin in an empty desert.

These monuments cost huge sums. The Sage Gateshead cost £70m, Salford’s Lowry Centre £106m and Tate Modern £134m. The British Museum’s new courtyard alone came in at more than £100m. Nor did anyone think of running costs. Within three years of opening, visitors to the Walsall gallery needed a £9 subsidy a head from local ratepayers and a further £2 a head from the Arts Council. At a capital cost of £21m it has stumbled from crisis to crisis, but at least houses the world’s most expensive Costa coffee bar.

The chief stimulus to the splurge was the national lottery, taxing mostly the poor to spend on mostly the better off, followed by the wild ambitions of the millennium. The dream of culture politicians was not art but buildings. Intense debate in the mid-90s was about whether lottery money should go into people or structures, into revenue or capital. Capital always won.

Politicians and private donors alike wanted something “lasting” – and with their names on it. Grants were denied to endowments for upkeep. So-called business plans were not worth their weight in paper, let alone the fees charged by their mendacious consultants. The lottery became a breeding ground for white elephants, the bills to be sent later to local councils or Whitehall. It was what Tony Blair, in a speech just two years ago, rightly called the “golden age” of arts support.

Now it is apparently over. A certain victim of the impending cuts is the Department of Culture, Media and Sport. Today’s Guardian carried news of a £100m “black hole” in the department’s budget. Under threat are such echoes of the glory days as Tate Modern’s new wing (£50m), the British Museum extension (£22m), and the British Film Institute (£45m for a project supposedly funded by the Imax cinema). The Royal Opera’s new Manchester outpost may also go. All these projects are said to be at risk.

Alan Davey, director of the Arts Council, predicts a “perfect storm … a spiral of decline”, with arts organisations so damaged that “it would take an enormous amount of money to get them going again”. Davey is clearly no enthusiast for the art of anarchy or for Bohemian garret culture. To the Arts Council, an artist not clothed in state ermine is like a BBC executive without his expenses, shamelessly “dumbed down”.

A survey by arts and business revealed that its member organisations now depend on state funding for 54% of their total income, with a further 13% received from private sponsors. A mere third comes from people actually enjoying art by buying tickets and shopping. Such an imbalance between direct and indirect income leaves institutions vulnerable to public spending cuts. As Anthony Sargent of the Sage Gateshead says, it is like being “on an island waiting for a hurricane to come. The rain hasn’t started but the streets are uncannily empty.”

His streets may be empty, but in the rest of cultural Britain they are not. Such grim faces and empty pockets are a million miles from this summer in Britain. Here are events and attendances booming as never before, abetted by a favourable exchange rate, families holidaying at home, young people with time, and old people with money.

From the vales of Glastonbury to the tent city of Hay-on-Wye, from Latitude to the Glade, from V at Weston to T in the Park, from Womad to Wychwood, from Reading to Leeds, festival promoters are having a year without compare.

Nor is this a phenomenon confined to popular music. Even London’s West End, the Royal Shakespeare Company and the National Theatre are posting record audiences. There are festivals for poetry, books, theatre, dance and music. There are “boutique” festivals and “no-VIP” festivals. There is this weekend’s eccentric Secret Garden Party in Cambridgeshire, which stipulates fancy dress. There is hardly a valley, meadow or disused airfield in Britain that is not hosting some event.

These events are not cheap. Latitude’s tickets are £60-£150. Winchester’s Glade clocks in at £115, Eastnor’s Big Chill at £145, and Knebworth at £157. Even Hyde Park’s supposed expanse of free repose charges £45 when occupied by Hard Rock Calling’s “pretend-fest”. Promoters such as Mean Fiddler and Virgin are not losing money.

Nor are these cultural manifestations all outdoor. The blockbuster festival of the year will again be Edinburgh, with a whole city as venue. Most of its 2,100 shows have no need of multimillion-pound architecture, just a church hall, garage or even a park. This month’s admirable Manchester international festival, likewise, used its city as locale. Brighton festival staged 300 shows in 33 different venues.

A conceit of ageing arts directors is to be erecting a structure, be it a theatre, concert hall or museum wing. They can thus consort with rich architects rather than dry curators or angry actors, building a memorial more eternal than any contribution they might have made to art. Time and energy go on inducing the government to give them money – with accusations of philistinism and no more party invitations should it be denied.

Museums’ elites rarely muddy their hands with tickets or charging. They boast their generosity while millions of pounds walk out of their door each year, with the taxpayer footing the bill. They are thus unable to benefit from the surge in attendance and ticket revenue now benefiting most visitor attractions.

Nemesis is at hand. Those who live by the state die by it. But big art and its custodians cannot get away with the plea that any threat to their overhead means doom to British culture. Davey’s identification of art with public money is as corrupt a thesis as that art must be free at the point of delivery.

Millions of people are this summer participating in what they regard as the arts with no aid from the state. That much of this is music and in the open air, rather than entombed in concrete, does not strip it of cultural value. As the sociologist of the public realm, Barbara Ehrenreich, wrote in Dancing in the Streets, such collective enjoyment “reclaims a distinctively human heritage, of creatures who can generate their own ecstatic pleasures out of music, colour, feasting and dance”.

It is truly encouraging that so many people, young and old, are finding goodness in the arts, unmediated by grandiose overheads and a grandiose state. Their art is consorting with nature and the city, and it is prospering.

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Richard Desmond loses Bower libel case

• Express and Star owner faces estimated £1.25m bill
• Bower celebrates with some jurors after verdict

The press baron Richard Desmond lost a high court libel battle with journalist Tom Bower today, in a verdict that will give ammunition to those who claim he is an interfering proprietor who uses his publications to settle personal grudges.

The 57-year-old owner of Express and Star newspapers and OK! magazine was left with a legal bill estimated at £1.25m after the jury returned a majority verdict to say he had not been libelled in two pages of Bower’s unauthorised biography of the jailed newspaper tycoon Conrad Black.

Desmond complained his reputation as a tough businessman had been damaged because Bower made him look like a “wimp”, and in court denied allegations he ordered journalists to print hatchet jobs on his enemies.

As the jury foreman announced the decision, Desmond remained impassive. His wife of 26 years, Janet, who has been by his side for the whole of the nine-day trial, turned to him and said “Oh well,” and shrugged, as the pair headed to the back entrance where their chauffeur was waiting.

On the other side of court 13, Bower smiled, and accepted a kiss from his solicitor. His two barristers embraced: for a defendant to win a libel case is an exceptionally rare thing.

Desmond brought the libel action because he objected to Bower’s account of his relationship with Black back in 2001-02, when the pair owned rival newspaper groups ‑ Desmond being newly in possession of the Express and Star newspapers, and Black running the Telegraph Group.

In his unauthorised biography of Black, entitled Conrad and Lady Black: Dancing on the Edge, Bower wrote that the Canadian tycoon humiliated Desmond by making him apologise for negative articles printed in the Sunday Express about the imminent demise of the Telegraph’s parent company, Hollinger International.

As Hollinger did implode, Bower argued that Desmond had been “ground into the dust” by Black by saying sorry for something which was true, just as the Canadian tycoon had got the better of countless others.

Proprietor’s feuds

In court, Bower’s barrister, Ronald Thwaites QC concentrated less on the words complained of and more on attempting to rubbish Desmond’s reputation. He dug up evidence of past feuds, rooted out a disgruntled former colleague and did his best to wind Desmond up in cross-examination.

He mocked Desmond’s “thin skin”, and said the case had merely been brought because of Desmond’s bruised pride at having been bettered by Black.

Central to Bower’s defence was the claim that Desmond regularly ordered his journalists to print negative articles about his rivals ‑ specifically Conrad Black ‑ to settle his grudges. Thwaites referred to Desmond as a “malevolent” and “interfering” proprietor who would tell lies “at the drop of a hat”.

After lengthy legal arguments, Thwaites was eventually allowed to play to the jury a tape of a phone call from July 2008, in which Desmond issued a threat to a business contact. In this conversation, Desmond warned he could be “the worst fucking enemy you’ll ever have”. Three days later a libellous article appeared in the Sunday Express about the contact and his hedge fund, Pentagon Capital Management.

Desmond in his evidence denied having anything to do with the Sunday Express printing a story about Pentagon, and denied any existence of a grudge against the fund. Yet the jury were told that earlier this year a statement, read out in open court after Desmond agreed to settle the libel action which resulted from that article, said: “Mr Desmond accepts that it was his comments in the presence of Sunday Express journalists that prompted the Sunday Express to publish the article.”

But even in defeat today, Desmond didn’t flinch, and issued an extraordinary statement that almost suggested he thought he had won.

It said: “I sued Mr Bower for defamation because he made inaccurate and damaging allegations about me, yet he refused to apologise and publish a correction … His biggest mistake was in thinking I would not go to court to uphold my reputation and the resulting action has cost many hundreds of thousands of pounds to defend a few ill-thought-out remarks that were not even essential to his book. It was worth it to stand up in court and set the record straight.”

The Express website tonight carried Desmond’s statement under the headline “I set record straight”, but did not mention that the court case had been lost.

Outside the courtroom, six of the jurors rushed to congratulate Bower, and asked him to sign copies of the offending biography of Black.

He happily obliged, telling them they had done “a great service to British journalism” for which he would be “eternally grateful”.

Kissing jurors

They asked about his next book, a study on oil money and greed, and he promised to send them each a complementary copy. Two of the female jurors were even given a kiss by the moustachioed biographer. Not even Jeffrey Archer did this, muttered one Fleet Street veteran.

“I think I have been a victim of a very rich man trying to suppress the truth,” said a delighted Bower, adding that he very much hoped his long unpublished biography of Desmond, entitled Rough Trader, would soon be in the shops. Bower’s counsel implied throughout the case that Desmond’s real motive in bringing the action was to stop the publication of this no doubt brutal exposé.

He seemed furious when the former Mirror editor Roy Greenslade, professor of journalism at City University and MediaGuardian blogger, told the jury Desmond had a worse reputation than any newspaper proprietor since the second world war, including Robert Maxwell.

As Greenslade expanded on this theory, Desmond gripped the table in front of him tightly, and his wife whispered: “Are you OK?” Maxwell and Desmond have at least one thing in common: Maxwell fought a court battle to block Bower’s first book about him, although the late Mirror proprietor failed in the end, and the publicity of the case merely fuelled sales.

It is also a sweet victory for those who have been on the receiving end of Desmond’s volcanic temper over the years, such as Ted Young, a former executive editor of the Express, whom Desmond is said to have punched in the stomach in full view of the newsroom in 2004.

Young, now editor of the freesheet London Lite, was in court this week with his family to hear the closing speeches. Rumours circulated that he was due to give evidence for Bower and would finally be able to talk openly about being punched ‑ he signed a gagging clause when accepting a substantial payout for the attack.

Despite rumours of Desmond’s interfering style circulating in the newspaper industry and beyond, Desmond insisted under oath that he never interfered in editorial policy. He insisted that newspaper proprietors never meddle in editorial matters. “It’s not the way it works. You do not instruct or order your editors or journalists to write features about people you know. It does not happen,” he said.

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Reds and greens fight Vestas closure

A unique “red and green” army of trade union and environmental campaigners was on the march in an attempt to save from closure Britain’s only major wind turbine manufacturing plant.

Up to 500 people are expected outside the Vestas plant at Newport on the Isle of Wight tomorrow night where 25 workers are engaged in a sit-in, while further demonstrations are being planned simultaneously outside the Department of Energy and Climate Change in London.

Greenpeace said the Vestas dispute promised a historic change from a situation where the labour movement and environment activists have found themselves on different sides of the fence, with one wanting to shut down polluting industries and the other defending jobs.

“Although we have always tried to highlight the employment opportunities that could flow from a low-carbon economy, historically there has been animosity between the two sides. If we can build this new alliance and break down those perceived barriers then there all sorts of exciting opportunities,” said John Sauven, UK executive director of Greenpeace.

The RMT transport union endorsed the Vestas dispute as a springboard for closer co-operation, with its general secretary, Bob Crow – better known for addressing striking London Underground workers – visiting the wind plant today. He said: “There is an interesting coalition growing around Vestas that builds on issues where we have common cause such as public transport, which is really green transport. But this is a unique situation [on the Isle of Wight] involving globalisation, recession and the kind of low-carbon manufacturing jobs that everyone can relate to.”

The growing protests are embarrassing the energy and climate change secretary, Ed Miliband, who last week promised that thousands of new jobs would come from a new, low-carbon economy and now finds himself on the defensive over a decision by a cash-rich company to close a plant directly involved in renewable energy.

Miliband said he had been trying hard to help avoid job losses. “They [Vestas] are keeping a protoype facility at the factory and we are currently considering an application from them for government help to test and develop offshore wind blades in a facility which would employ 150 people on the Isle of Wight initially and potentially more later,” he said.

In April, Vestas announced plans to shut the manufacturing side of the Isle of Wight business with the potential loss of 600 jobs, saying it could produce blades cheaper in America.

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Reds and greens fight Vestas closure

A unique “red and green” army of trade union and environmental campaigners was on the march in an attempt to save from closure Britain’s only major wind turbine manufacturing plant.

Up to 500 people are expected outside the Vestas plant at Newport on the Isle of Wight tomorrow night where 25 workers are engaged in a sit-in, while further demonstrations are being planned simultaneously outside the Department of Energy and Climate Change in London.

Greenpeace said the Vestas dispute promised a historic change from a situation where the labour movement and environment activists have found themselves on different sides of the fence, with one wanting to shut down polluting industries and the other defending jobs.

“Although we have always tried to highlight the employment opportunities that could flow from a low-carbon economy, historically there has been animosity between the two sides. If we can build this new alliance and break down those perceived barriers then there all sorts of exciting opportunities,” said John Sauven, UK executive director of Greenpeace.

The RMT transport union endorsed the Vestas dispute as a springboard for closer co-operation, with its general secretary, Bob Crow – better known for addressing striking London Underground workers – visiting the wind plant today. He said: “There is an interesting coalition growing around Vestas that builds on issues where we have common cause such as public transport, which is really green transport. But this is a unique situation [on the Isle of Wight] involving globalisation, recession and the kind of low-carbon manufacturing jobs that everyone can relate to.”

The growing protests are embarrassing the energy and climate change secretary, Ed Miliband, who last week promised that thousands of new jobs would come from a new, low-carbon economy and now finds himself on the defensive over a decision by a cash-rich company to close a plant directly involved in renewable energy.

Miliband said he had been trying hard to help avoid job losses. “They [Vestas] are keeping a protoype facility at the factory and we are currently considering an application from them for government help to test and develop offshore wind blades in a facility which would employ 150 people on the Isle of Wight initially and potentially more later,” he said.

In April, Vestas announced plans to shut the manufacturing side of the Isle of Wight business with the potential loss of 600 jobs, saying it could produce blades cheaper in America.

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Winehouse ‘punched dancer after photo request’

Amy Winehouse reacted with “deliberate and unjustifiable violence” when a dancer politely asked her for a photograph at a charity ball, a court heard today.

Lyall Thompson, prosecuting, said the 25-year-old singer appeared to be under the influence of alcohol or “some other substance” when she punched Sherene Flash in the eye at the summer ball in Berkeley Square, London, last September.

Winehouse, who performed at the ball before the alleged assault, denied punching Flash but admitted pushing her away when Flash put her arm round her.

The court heard the incident happened backstage in a dressing room soon after midnight on 26 September. Winehouse had agreed to have her photograph taken with Flash, whose friend Kieran Connelly then tried to get into the photograph.

Winehouse, who pleaded not guilty to assault at a previous hearing, said: “Her friend came round in front of us and started taking a picture … I was like, ‘Do I get a choice in this, hello?’

“I pushed her up, like away. I wanted her away from me. It was more like an indication of ‘leave me alone, I’m scared of you’. I meant to just get her away from me … I thought, people are mad these days, people are just rude and mad, or people can’t handle their drink.”

Winehouse said attention from the public was “not necessarily unwanted”.

Flash said she had had several alcoholic drinks that evening but denied being drunk. She said that Winehouse, who had drunk champagne, vodka and white wine, “punched forcefully in my right eye”, adding that she was shocked and began to cry.

The trial continues.

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840 people being treated for swine flu in hospitals

• Latest figures show 100,000 cases recorded in past week
• National Flu Pandemic Service can take 1m calls a week

The website for the new national pandemic flu service in England crashed on launch today as the government announced that the number of new swine flu cases had doubled in a week and that 840 people were seriously ill in hospital.

People trying to access the site, which was officially launched at 3pm, were told it is “currently very busy and cannot deal with your request at this time”.

Viewers were told to try again “in a little time”. The website crash is potentially extremely embarrassing for the government, which promised it would be launched only when it had been proved capable of coping with the expected traffic.

The service is designed to take pressure off GPs, help patients diagnose themselves and gain access to antiviral drugs without formal prescriptions, although callers are issued with identification numbers.

Liberal Democrats said the website crash raised serious questions about the robustness of the system. “The government claims the reason for the delay in setting up this service was because they needed to thoroughly test it to ensure this wouldn’t happen,” said health spokesman Norman Lamb. ” It is absolutely vital that the public has access to a reliable source of information on swine flu to provide reassurance and take the pressure of GP surgeries.”

Meanwhile the government’s chief medical officer said in the UK as a whole, 840 people were seriously ill in hospital with swine flu and 100,000 new cases had been recorded in the last week. The number of people in hospital included 63 in intensive care.

The figures were given by Sir Liam Donaldson during a press conference at the Department of Health, to provide a weekly update on the progress of the disease throughout Britain.

The number of deaths associated with the swine flu outbreak has risen to 30. Last week the government announced there had been 29 deaths in total and 55,000 new cases in the previous week.

The National Flu Pandemic Service for England, which started today, will be capable of answering more than a million calls a week, it was confirmed today. It will be staffed by more than 1,500 people, with the option of recruiting 500 more.

They will, it is hoped, be capable of answering more than 200,000 calls a day. There will be an alternative internet service where people answer a questionnaire to receive a diagnosis of swine flu and are given a unique code authorising the release of antiviral drugs.

The details emerged as scientists suggested the outbreak may have peaked for in Scotland, implying that the surge in cases in England could also subside within weeks. One of the planning scenarios used by the DoH assumes the figures will fall during the summer, when schools are on holiday, and then surge again once term starts in the autumn.

People whose holiday plans have been wrecked by swine flu, because of a diagnosis through the pandemic flu service in England, will have to keep the label from the anti-flu drugs they collect if they are to claim from insurers, the Association of British Insurers (ABI) said last night.

Insurers usually require a medical certificate from a GP or other medically qualified staff, and had raised concerns that people would be given diagnoses and access to drugs by people who were not medically qualified.

Nick Starling, the ABI’s director of general insurance and health, said it had been told by the government the service would authorise an anti-flu prescription only to those genuinely displaying signs of flu.

“On that basis, travel insurers will accept an individual’s unique ID number generated by the national flu service together with the label on their anti-flu drugs which states their name and date of issue, as proof of diagnosis to validate a travel insurance cancellation claim.”

The archbishops of Canterbury and York have recommended the suspension of the sharing of the chalice at communion as the spread of swine flu continues, it was announced today.

The archbishops have written to bishops in the Church of England setting out the new measures following DoH advice not to share “common vessels” for food or drink.

The letter said it aimed to offer guidance at a national level about how church worship could “best take into account the interests of public health during the current phase of the swine flu pandemic”.

Some bishops have already taken the step to limit the spread of the virus.

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Desmond loses Bower libel case

High court jury rejects Express owner Richard Desmond’s libel case against author Tom Bower by majority verdict

The Express Newspapers proprietor, Richard Desmond, today lost his libel battle against the author and journalist Tom Bower.

A jury at the high court in London returned a majority verdict rejecting Desmond’s claim that he was defamed by Bower in a biography of the former Telegraph boss Conrad Black.

Bower’s book said that Desmond had been “ground into the dust” by Black when he published apologies for articles in the Sunday Express detailing the Canadian tycoon’s business woes in 2002.

Desmond argued that the allegation was defamatory because it damaged his business reputation.

Speaking immediately after the verdict, Bower said he was “absolutely delighted”. “I have always believed in jury service,” he said. “I think I have been a victim of a very rich man trying to suppress the truth. I’m very grateful to the jury.”

Asked if his book about Desmond, provisionally titled Rough Trader, would now be published, he replied: “I do hope so.”

Desmond issued a defiant statement after the verdict. “I sued Mr Bower for defamation because he made inaccurate and damaging allegations about me, yet he refused to apologise and publish a correction,” he said.

“Bower made a series of errors about events and timings and even got the name of one of my newspapers wrong. His biggest mistake was in thinking I would not go to court to uphold my reputation and the resulting action has cost many hundreds of thousands of pounds to defend a few ill-thought-out remarks that were not even essential to his book. It was worth it to stand up in court and set the record straight.”

The total legal bill for the trial is believed to be £1.25m.

When the verdict was announced, Desmond’s wife Janet, who has sat alongside him during the trial, said: “Oh well” and shrugged her shoulders. The couple then walked out of court.

The trial centred on a passing reference to Desmond in Bower’s 2006 book, Conrad and Lady Black: Dancing on the Edge.

Desmond objected to the claim that he had told Sunday Express journalists to run a string of stories that were critical of Black, with whom he was then locked in a business dispute over their West Ferry print joint venture, and then authorised the paper to apologise for the stories.

“If people believe that despite having this tough reputation he is actually a wimp and can be ground into the dust very easily, and can be made to say sorry for publishing things which are actually true … it’s very defamatory,” Desmond’s barrister, Ian Winter QC, told the court.

It was also defamatory, the jury heard, for Bower to suggest that Desmond used his position as proprietor to pursue a “personal vendetta” against Black.

Desmond himself denied influencing his editors: “I give no orders on the editorial. The editor decides what goes in the papers.”

This picture of Desmond as a hands-off proprietor was backed up by the Sunday Express editor, Martin Townsend, who rejected Bower’s barrister’s characterisation of him as a “puppet”.

“[Desmond] does not walk around ordering things,” Townsend said. “He does walk around the newsroom from time to time, as it happens, but he does not get involved.”

However, the jury heard evidence that contradicted this picture, for instance that Townsend’s predecessor, Michael Pilgrim, left the Sunday Express shortly after Desmond bought the title, apparently unhappy at management intervening in editorial matters.

And the former media editor of the Sunday Express, David Hellier, told the court that Desmond was seen in the newsroom “virtually every day between five and seven o’clock” and would regularly demand editorial changes. “My impression was that he effectively edited the paper,” said Hellier.

Hellier added that he was so “sickened by the interference” that he went to the National Union of Journalists to lodge an official complaint.

He claimed that, at the Sunday Express, Townsend once showed him an exercise book containing the names of “all of the companies Richard is interested in”, and that shortly afterwards he was asked to write a negative piece about Black.

He said it was well known Desmond did not like Black. “The general view was as far as Richard was concerned, he was an adversary,” added Hellier.

Black, now detained at a US prison after his conviction for fraud two years ago, gave his support to Desmond in the form of a witness statement dictated from his cell.

Desmond had chartered a private jet to the US the week before the trial to garner Black’s support.

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Asda pulls ad for ‘dangerous’ £70 bike

Supermarket pulls TV ad for ‘flat-pack’ bike after experts say brakes and steering would not work properly

Asda no doubt felt it had scored a PR coup when trumpeting the arrival of “Britain’s cheapest bike” in its stores. For £70, customers could walk away with a brand new adult’s mountain bike.

But this morning the offer turned into a PR disaster, when the supermarket was forced to pull a TV advert for the bicycles after viewers noticed they had been built so badly that they were dangerous.

Mark Brown, director of the Association of Cycle Traders, noticed that the front forks of the men’s bike in the advert faced the wrong way.

This would mean the bicycle would not steer correctly and the brakes would not work properly, according to the Cycling Experts website.

“Not even Asda know how to set up their own bikes,” said Brown, responding to a blog about the £70 bikes on the Guardian website. “This is indicative of the problems which arise from what we in the bike industry call ‘flat-pack bikes’. However, unlike flat-pack furniture this could seriously damage your health.”

The Asda bikes come in parts, meaning customers have to attach the pedals, front wheel, handlebars and saddle themselves.

Brown added: “I believe this TV advert has now been pulled but it really goes to show how dangerous it is for these retail giants to move into non-food sectors where they have no expertise.

“Heaven help the poor customer with little or no cycle experience and lacking the wrong tools who tries to build this ‘bicycle’ for themselves.”

Today Asda’s press office issued a mea culpa.

A spokeswoman said: “As soon as we spotted the error, we put the brakes on the TV ad and pulled it. Our agency is back-pedalling as we speak and we will be wheeling out the new one tomorrow. Thankfully the thousands of customers that have already bought one have managed to correctly follow the instructions on how to assemble the bike, unlike us.”

Read a review of Asda’s £70 bike on the Guardian’s bike blog

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Gerrard apologises for punching man in bar

England footballer admits throwing blow in row over music but says he was acting in self-defence

The Liverpool captain Steven Gerrard claimed today he had been acting in self-defence when he punched a man in a row over music.

The England international told Liverpool crown court that he punched Marcus McGee three times during a clash at a bar in Southport.

He said that he had struck the man “to defend myself”, fearing he was about to be hit by McGee. Gerrard, 29, who denies affray, said that, at the time, he was unaware one of his friends, John Doran, had landed the first blow, elbowing McGee in the face.

“I thought he was going to hit me,” Gerrard said.

“He was on his way forward to me and his behaviour had changed from when I was having a discussion with him. I didn’t know why.”

Asked how he felt now, the footballer added: “I am certainly mistaken in thinking he was coming towards me to throw punches at me. Now I know, obviously, he had been struck, reacted and thought the strike was by me and he came into me and that’s when I reacted.

“I am sorry about the whole incident.”

Gerrard denied that he had lost control on the night of the fight.

He had been drinking at the Lounge Inn in Southport to celebrate a 5-1 victory over Newcastle earlier that day. The footballer had been drinking Budweiser and a sweet liqueur drink called a Jammy Donut shot, estimating his level of drunkenness as seven out of 10. Gerrard remained calm and quietly spoken as he gave evidence, repeatedly sipping a glass of water as he stood in the witness box.

“It was very difficult at the time to explain to the police why I did throw the first blows. But it was because I was arguing and I felt as if Marcus was coming forward to hit me.”

He told the jury he had been used to people “mithering” him and he was usually able to smooth things over.

Gerrard said he suffered “a lot of mither” at traffic lights, shopping centres, bars and restaurants and the comments can be “derogatory or insulting”.

He admitted calling McGee “a prick” to one of his friends when he refused to change the music.

During the conversation with McGee, 34, he claimed the man swore at him, saying: “You are not putting no fucking music on here.”

Gerrard said a member of staff at the bar had given him permission to choose music from a CD player that his alleged victim was operating.

A card that controlled the music was snatched from his hand by McGee, he said.

“I couldn’t understand why the guy had such a problem with me, why he was so aggressive,” he said.

Gerrard said that when he went over to speak to McGee for a second time, he had no intention of having a fight but wanted to “smooth things over”.

Gerrard told the court he had a conviction for drink-driving when he was 19 but had not been in any other trouble with the police.

Gerrard welled up with tears as a statement from Liverpool legend Kenny

Dalglish was read out. Dalglish described Gerrard as “not the archetypal footballer. He does not like to move in movie star circles.”

He described him as “quiet” and “very private.” Despite his wealth, Dalglish said, Gerrard has “never forgotten his roots.”

“He is a very respectful man who has always behaved to senior players in a respectful way,” Dalglish said. “He is a very humble man.”

Dalglish, who had earlier met Gerrard on the night of the incident, said he had been with a group of boys who were “normal, polite, eating sushi and enjoying themselves”.

The footballer said Gerrard had become involved in his wife Marina’s charity for breast cancer and had been a guest of honour at a Hillsborough memorial match.

William Bygroves, the chaplain at Liverpool football club, said in a statement he had known Gerrard since he was a youth. “I have seen him mature into a kind, mature, generous, community minded family man.”

The chaplain said Gerrard had shown interest in those less fortunate than himself.

Bygroves said Gerrard was always generous when meeting children at Alder Hey children’s hospital and had worked on an anti-racism campaign with Gee Walker, the mother of murder victim Anthony Walker.

He described Gerrard as a warm-hearted genuine person.

Cross-examined by David Turner QC, for the prosecution, Gerrard was asked to show the jury how he hit McGee. He gently lifted his right arm to demonstrate the uppercut.

Asked by Turner if he was sickened by what he did, Gerrard replied: “I am certainly sorry.”

The jurors are expected to be sent out to consider their verdict tomorrow.

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Time to draw the line on cocaine

The issue is not the damage that users may do to themselves, but the effect their drug of choice has on developing countries

If cocaine was legal, I wouldn’t mind how much of it you stuffed up your nose. It might turn you into an egocentric tosser, but that’s your problem (and your partner’s). Nor is it the drug’s illegality that bothers me. There is no automatic equation of legality and morality. Plenty of legal activities are immoral (selling derivatives, shutting down post offices, presenting Top Gear) and plenty of illegal ones (sabotaging bomber planes, throwing green custard at Peter Mandelson) are highly moral.

We could argue about whether or not it should be legalised. As the World Health Organisation has shown, the occasional use of pure cocaine causes hardly any physical or social problems. But buying it cut with Ajax from the local pusher can get you into all sorts of trouble. The illegal use of cocaine hurts people in the UK not because it is cocaine but because it is illegal. As I showed in a recent column, there is just one respectable argument against global legalisation: it would open up markets in poorer nations that are less able to cope with the consequences of addiction.

But we are where we are, and right now people’s enthusiasm for cocaine is a humanitarian and environmental disaster. The cocaine business as currently constituted is the most immoral trade on Earth. By participating in it, you directly commission murder, torture, displacement and deforestation. According to the Colombian government (not, admittedly, the most trustworthy source on such matters) every gram of cocaine you take destroys four square metres of rainforest. The trade gives that government the excuse to wage an unending war against the peasantry, which is also caught between rightwing paramilitaries and leftwing guerillas, both of which make their money from powder. You might think it’s daring and subversive to snort a line or two, but the real risk is run by people thousands of miles from here. You can choose whether or not to participate. They can’t.

So it is profoundly depressing to discover from the British Crime Survey that the use of cocaine has boomed here. Though overall drug use has fallen, the number of 16 to 59-year-olds taking cocaine in England and Wales in the past year has grown by 25% since last year (from 2.4% of the population to 3%). Since 1996 the proportion has risen five-fold. Almost all these people (97%) are snorting powder rather than taking crack.

It would be tempting to believe that most of these new users were damned anyway: bankers scorching their sorrows after stiffing the rest of us. But sadly that’s not true. The biggest jump (29%) is among the group that professes to be most concerned about deforestation, slavery, war and all the other ills it is commissioning: 16 to 24-year-olds. Almost 7% of them are now taking cocaine. I don’t know how they can afford it, but I know that the people of the Andes can’t. Do as much damage to yourself as you please, but keep your nose out of other people’s lives.

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Police numbers reach record levels

• Rise of 1,911 officers despite budget cuts
• Forces still failing to meet race equality target

Police numbers have hit a record high in England and Wales, with 143,770 officers in post in March this year, according to official figures out today.

The Home Office said this was an increase of 1,911 officers over the previous 12 months and included 1,200 constables.

The increase includes 648 police community support officers, who have a patrolling role, to bring their total to 16,331. The number of such officers has grown rapidly from only 1,176 when the role were introduced in 2003.

The new figures for the 43 police forces in England and Wales indicate that budget cuts and efficiency savings being faced by chief constables have not yet led to a reduction in police numbers.

However there was not a uniform rise across the country. While 27 forces increased their numbers, including an extra 1,100 recruited by the Metropolitan police in London, 16 forces reported a fall in numbers. The largest falls were recorded in North and South Yorkshire and Humberside.

Women now represent 27% of rank and file police officers but only hold 13% of senior posts.

There are now 6,290 black and minority ethnic police officers, an increase of 497 in the last year. However this represents only 4.4% of the total and fails to meet the 7% race equality target set for the police.

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Rise in young using class A drugs

Over half a million have taken cocaine and ecstasy in the last year but cannabis use has declined

Class A illicit drug use is increasing among 16- to 24-year-olds, with more than half a million young people taking cocaine and ecstasy in the last year, according to Home Office figures published today.

But the latest findings from the British Crime Survey confirm that the longterm gradual decline in cannabis use among young people has continued.

They also show that the profile of the most likely frequent illicit drug user is white, young, male, single, a regular clubber and likely to be seen in the pub. The Home Office researchers say that marital status is the strongest factor associated with predicting illicit drug use, that is, if a man gets married he is more likely to give up drugs.

Perhaps true to stereotype, the BCS identifies students as most likely to use hallucinogens such as LSD and magic mushrooms.

The annual findings on drugs use from the survey show that around 37% of all 16- to 59-year-olds, have used illicit drugs at some point during their lives, with 10% saying they have used them in the last year and 1.8% having used them in the last month.

Among adults the overall level of illicit drug use remained stable but there was an increase in use of class A drugs, particularly cocaine. Increases were seen in the use of cocaine powder, ecstasy, tranquillisers, anabolic steroids and ketamine. An estimated 229,000 people used heroin last year.

Cannabis use, which accounts for 79% of illicit drug use, remained stable at around 8% of all adults having smoked a joint in the last year.

A similar picture exists for young people aged 16 to 24. The increase in the use of class A drugs was more marked, rising from 6.9% to 8.1% of the age group. But cannabis use – which accounts for 84% of drug use by young people – remained stable, consolidating the long-term gradual decline. The most significant other drugs were cocaine, amyl nitrate (used by 4.4%) and ecstasy (also used by 4.4%).

Home Office minister Alan Campbell said it was encouraging that overall drug use remained historically low and that use of the most harmful drugs was stable. “However, we are not complacent,” he said. “We are taking comprehensive action to tackle cocaine use, from increased enforcement to reduce the supply, along with effective treatment, education and early intervention for those most at risk.”

The minister said that cocaine purity had been recorded at an all time low in police seizures.

“When people think they are taking cocaine, in some instances the actual purity is as low as 4%.

“Police are increasingly seeing drugs cut with a hazardous cocktail of chemicals which include phenacetin, a known carcinogen. Cocaine can cause serious damage to health and these chemicals can, in themselves, cause significant harm to the user.”

Martin Barnes, chief executive of DrugScope, said the figures showed a marked and worrying increase in the use of cocaine powder, in the adult population as a whole and among those aged 16 to 24.

“While this is not necessarily a surprise given the drug’s decrease in price and increase in availability over recent years, it is of significant concern, particularly the rise in use among younger people. Cocaine use is now at its highest level among adults since 1996– one in eight 16- to 24-year-olds now report having used the drug.”

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