A hugely powerful argument in favour of mediation being the only LEGAL way forward to solve the 13 year old pensions dispute for 1950s women has been put forward in a new blog by David Hencke.

Read the blog here, it is well worth watching!!

The blog includes a video of Hon Dr Jocelynne Scutt explaining clearly why mediation is the only legal, moral and ethical course to a remedy, and why the  Parliamentary Ombudsman's continuing investigation cannot be used as an excuse not to begin mediation, which can legally operate concurrently.

"Judge us on our track record" said Under Secretary of State for Work and Pensions Laura Trott MP on 18th Sept, whilst a few days later telling Parliament that Mediation talks could not begin while the Parliamentary Ombudsman (PHSO) was still investigating.

"Laura Trott is wrong" says David Hencke: "Mediation can go ahead while the PHSO is still investigating as it is an entirely separate (process) from whatever the Ombudsman recommends"

Read about it in the blog above.

The Minister's Dilemma

As David Hencke explains in his blog:

"The reason why Laura Trott is offering these lame excuses and why there is silence from Mel Stride, I suspect, is that Garden Court has started a legal process by writing now twice to the Secretary Of State and offering to act as impartial mediators to end this dispute. Their reputation as impartial mediators is second to none.

He is trying to avoid replying because if he says yes - it will automatically go ahead. But if he says no, his lawyers at the Department for Work and Pensions have probably warned him he risks the whole matter going back to the courts.

The dilemma both the government and Parliamentary Ombudsman are facing is what is the position of the UK under CEDAW. If Dr Scutt's cogent judgement is correct, they just can't ignore the implications of direct discrimination for this particular group of people. It is the 'elephant in the room'"

Add to this that Rt Hon Mel Stride MP stated, in response to a constituent's email:

"I have been assured that the UK is fully committed to CEDAW Convention, and I know my colleagues in government recognise the important role CEDAW representatives play in holding state parties to account in implementing the convention"

Yet the Judge's Report irrefutably identifies breaches of ratified International Law (CEDAW) by successive governments in that direct discrimination has been found, on grounds of both sex and age, against 50s Women in the implementation of State Pension Age changes that targeted them as a distinct group.

Continued silence by the Minister on the offer of impartial mediation by Garden Court Chambers is therefore surely not an option?

Open letter sent to the Prime Minister

An open letter has been sent this week to the Prime Minister amplifying the call to Mediation on behalf of all 1950's Women in the sound knowledge of his personal support for women's rights, as reported nationwide.

The open letter, which also includes the interview with Hon Dr Jocelynne Scutt, can be read here

"Judge Us On Our Track Record"

50s Women will be happy to judge the current government on its record since 2010, with 13 years having passed since the impact of the State Pension Age changes began for them with little sign of a just resolution, whilst one 50s Woman continues to die every 13 minutes.

Just as all those with an involvement since the1995 Pensions Act should expect to be judged on their record:

• Successive parliaments:

who have implemented pension policy changes and then failed to rectify clear breaches of International and Domestic Law, as identified in the Judge's Report

• WASPI Leaders: "fair and fast compensation"

50s Women tell CEDAWinLAW that they do not regard the WASPI approach as fast, having taken 8 years to date, nor do they see how it can be fair, when only 6 cases are under consideration by the Ombudsman out of 3.8m , no challenge was made to the stage 1 findings of only partial maladministration since 2005, and many of them are excluded from any involvement in or information about negotiations.

• The Parliamentary Ombudsman:

It is the PHSO's stated "duty to provide the right outcome for all involved and to ensure justice is achieved".

In the video Dr Scutt explains that "The PHSO has before him a discrete issue relating to 6 women and how the delay impacted on them. This can't be used as an excuse not to address the much bigger issue of CEDAW and the egregious wrong that has occurred, in breach of CEDAW and 1950s Women's rights. 50s Women are entitled to more than some minor compensation based on some notion of delay. Compensation has to go beyond the question of delay and that can be addressed through mediation"

• CEDAWinLAW:

Two People's Tribunals culminated in the Judge's Report that specifically examined the effect of State Pension Age changes on 50s Women.

The Judge's Report supports ALL 50s Women as it addresses both direct and indirect discrimination on the grounds of age and sex, finding both proven in relation to 1950s born women. It also addresses maladministration, finding it also proven in relation to the conduct or failure by the Department of Work and Pensions, having arisen in relation to lack of consultation, no impact assessment, failure to notify, and when notification did commence it was "inept and spasmodic" Dr Scutt

Call To Action

On behalf of ALL 50s Women CEDAWinLAW looks forward to welcoming the Secretary Of State for Work and Pensions Rt Hon Mel Stride to Mediation, and Conservatives support in the matter, for it is legally, morally and politically right to do so, out of the CEDAWinLAW Judge's Report

ALL 50s Women, their families and supporters are asked to:

Sign and share this petition

Write to MPs and request support for mediation as per Garden Court Chambers' impartial invitation letter to the Secretary Of State DWP

The law is the law

So says Hon Dr Jocelynne Scutt

No-one is above the law

And in this case the law is irrefutably on the side of 50s Women, says Dr Scutt.