[sustran] Re: "It would actually be quite nice if the American ambassador in Britain could . . .

[Jonathan E. D. Richmond]

I find Eric Britton's reply entirely inappropriate.

Ken Livingstone has been referred for disciplinary action for calling
the US Ambassador a "chiselling little crook." This follows an initial
action, where he was disciplined for making antisemitic remarks (that
Livingstone is a racist is well-known in the UK). His behavior is quite
unacceptable for anyone in political office.

Diplomats enjoy certain immunities worldwide. Whether or not this is
appropriate, it is a matter of international convention. So to call the
Ambassador a "chiselling little crook" for exercising his international
rights is simply inappropriate.

I find Livingstone to be a disgusting person, and I do hope that he is
removed from office as soon as possible. He has certainly done some good
things for Transport, but there are others who can build on this without
feeling the need to utter insults -- often of a racist nature -- as a
regular feature of the job --Jonathan





On Sat, 8 Apr 2006, Eric Britton wrote:

> -----Original Message-----
> From: Sunny [mailto:sksunny at gmail.com]
> Sent: Saturday, April 08, 2006 3:05 PM
> To: eric.britton at ecoplan.org
> Subject: Re: "It would actually be quite nice . . .
>
> Dear Eric,
>
> It would be very nice if you can even post the same message even in the
> Sustrans forum or if you can allow me to post it there I can do it on
> your behalf. I agree to your idea and the embassy needs to pay the fine.
> But one thing i don't understand is does the law separate the diplomatic
> community from the regular law, I am sorry if the question is too naive
> but i don't have much exposure to the law system.
>
> Sunny
>
>
> Eric Britton wrote on Fri 4/7/2006 5:22 PM:
>
> =09=09"It would actually be quite nice if the American ambassador
> in Britain could pay the charge that everybody else is paying and not
> actually try and skive out of it like some chiselling little crook,"
> =09=09"When British troops are putting their lives on the line for
> American foreign policy, it would be quite nice if they paid the congesti=
on
> charge.
> =09=09"We will find a way of getting them into court either here
> or in America. We are not going to have them skive out of their
> responsibilities."
> =09=09Ken Livingston. Mayor of London. quoted in BBC.CO.UK
>
> Okay. We, the government of the United Sates of America, my government, a
> government of the people, the richest nation in the world, who are invadi=
ng
> countries without a real game plan and leaving utter chaos in our wake. W=
e
> who are refusing to cooperate with the Kyoto Treaty while having an
> "environmental program" that is in utter shambles. Who refuse to recogniz=
e
> the International Court of Justice. We who are abridging the human rights=
 of
> suspects without refer to the Geneva Convention or our own laws. We who a=
re
> passing taxes in our own land that soak the poor and bring relief to the
> highest income groups in the land. We who are - and without blinking an e=
ye
> -- the world's largest market for drugs of all kinds and ready to make wa=
r
> on supply while we just shrug at demand, and who are effectively doing
> nothing before the challenges of surging oil prices other than topping up
> profits of those who need them least. All of that is normal. I guess.
>
> But when a representative of the United States government acts like a "a
> chiseling little crook" (these are my words as an American citizen, voter=
,
> volunteer soldier ready in defense of my country, and later peace worker =
in
> Vietnam) as has been the case recently with US refusal to pay the Congest=
ion
> Charge in London, I really have to conclude that something is terribly
> wrong. It's not that I think that the London scheme is all that it could =
and
> should be, but for my government to give aggressive evidence of extreme
> antisocial behavior in this one small hopeful thing, instead of just payi=
ng
> up and shutting up, I have to take pen in hand and share these words of
> total disagreement with you.
>
> So thank you Ken Livingstone for your most justified remarks. And do not
> give in!  Make the bums pay like everyone else. That is what democracy is
> all about.
>
> (Dear Friends. Please forgive this rant, since this is not quite what the
> New Mobility Agenda is about. But I have never done this before and I hop=
e
> you understand why this, small as it may seem to be, was simply one straw
> too much.)
>
> Eric Britton
>
>
>
> London mayor goes after US embassy for tolls
>  Financial Times
>
> By Christopher Adams in London
>
> Updated: 12:16 a.m. ET March 28, 2006
> London's mayor on Monday accused the US ambassador to the UK of behaving
> "like a chiselling little crook" in a spat over the embassy's refusal to =
pay
> the city's road toll.
> Ken Livingstone, the famously outspoken left-wing mayor and long-standing
> critic of American foreign policy, delivered his latest outburst during a
> television interview. His assault on Robert Tuttle was prompted by the
> long-running dispute over the embassy's refusal to pay the congestion
> charge, a toll that is levied on those driving through central London dur=
ing
> business hours.
> American diplomats have refused to pay the =A38 a day toll since last Jul=
y,
> racking up many tens of thousands of pounds in unpaid charges. The embass=
y
> is believed to have about one hundred cars and fines for each day of
> non-payment can be as much =A3150 a vehicle. The embassy argues the charg=
e is
> a tax and that diplomats are exempt.
> Mr Livingstone, something of a stranger to diplomatic niceties, said: "It
> would actually be quite nice if the American ambassador in Britain could =
pay
> the charge that everybody else is paying and not actually try and skive o=
ut
> of it like a chiselling little crook."
> Earlier, he had told reporters: "When British troops are putting their li=
ves
> on the line for American foreign policy, it would be quite nice if they p=
aid
> the congestion charge."
> The mayor's remarks were only his latest brush with controversy. He is
> already appealing a decision by a disciplinary panel to suspend him from
> office for four weeks after he compared a Jewish journalist to a
> concentration camp guard. Last week he said two property tycoons with who=
m
> he has fallen out over the development of the 2012 London Olympics should
> "go back to Iran", though they are Indian-bron of Iraqi-Jewish parents.
> He was re-admitted to Tony Blair's Labour party two years ago after being
> expelled for standing against its official candidate in the first London
> mayoral elections. A spokesman for the embassy said: "The mayor has a
> tendency to hyperbole. I'm not going to dignify that."
> Copyright The Financial Times Ltd. All rights reserved.
>
>
> US Embassy must pay C-charge
> US Embassy owes =A3160,000 in unpaid charges
> American diplomats are not legally entitled to refuse to pay London's
> congestion charge, according to advice from lawyers.
> US ambassador Robert Holmes Tuttle told his staff to stop paying last Jul=
y
> and claim diplomatic immunity, which gives them protection against paying
> taxes.
> But legal advice to Transport for London says the US embassy is wrong to =
do
> this and points to the fact that American diplomats haven't refused to pa=
y
> under similar schemes in Singapore and Oslo, in Norway.
> Now, following the detailed legal advice, Transport for London will ask t=
he
> Americans to reconsider their position.
> US embassy staff currently owe more than =A3160,000 in unpaid congestion
> charges in London.
> A US embassy spokesman said diplomats in Stockholm are exempt from paying
> the congestion charge there. The spokesman added: 'The U.S. Department of
> State remains convinced that the charge in London is an impermissable tax
> and diplomatic missions are not liable for payment of such taxes to host
> governments under the terms of the Vienna Convention.'
> However, the UK government has already made it clear to the US that the
> congestion charge is not a tax and that it decides what is and what is no=
t a
> tax in this country.
> British diplomats pay road tolls in the United States and Transport for
> London's legal advice makes it clear that the US Embassy's diplomats must
> pay as London's congestion charge is not a tax.
> A Transport for London spokesman said: 'The congestion charging scheme gi=
ves
> no privileges to any VIPs, including the Mayor, MPs, London Assembly Memb=
ers
> or councillors, therefore we believe diplomats should pay.
> 'British diplomats respect US laws, US diplomats should respect UK laws.'
>
> Press Release
> UAE Embassy settles congestion charge fees
> 6-4-2006   201
> The Embassy of the United Arab Emirates (UAE) has agreed that its diploma=
ts
> in London should pay the Congestion Charge, and has reached a deal to cle=
ar
> a backlog of charges.
> After discussions with Transport for London, the UAE has paid =A399,950.0=
0 for
> outstanding congestion charge fines accrued by the Embassy from February
> 2003 to March 2006.
> In a letter to TfL, the Embassy said: "I can assure you that every effort
> will be made in the future for all diplomats working for this Embassy to =
pay
> any congestion charges as and when they occur."
> The Mayor of London, Ken Livingstone, said: "All Londoners will welcome t=
his
> settlement with the Embassy of the United Arab Emirates and, in particula=
r,
> their commitment to comply with the congestion charging scheme in the
> future.
> "The congestion charge is designed to reduce congestion in the busiest ar=
eas
> of the capital.
> "Those embassies, such as that of the United States, which flout the laws=
 of
> this country and misuse diplomatic immunity to evade the charge are enjoy=
ing
> the benefits of reduced congestion but contributing nothing."
> "British diplomats respect US law when in the US. They pay American tolls=
 on
> bridges and roads. The US Embassy should accept the advice of the British
> government and recognise that by trying to ignore this country's laws the=
y
> do nothing but damage their standing in the eyes of London's citizens.
> "I hope they will now take a leaf from the United Arab Emirates and
> understand that as the richest and most powerful country in the world the=
y
> can well afford to respect this country's laws."
> Malcolm Murray-Clark, Director of Congestion Charging said: "The congesti=
on
> charging scheme gives no privileges to any VIPs, so we do not see why
> diplomats should not pay. The UAE has now joined the majority of other
> countries who accept this is a legitimate charge."
> Notes to Editors
> 1.=09Both the Government and TfL have received consistent legal advice
> which says that diplomats are not exempt from paying the congestion charg=
e.
> We have the support of the Foreign and Commonwealth Office and eminent
> members of HM Queen's Counsel.
> 2.=09In November last year, the Foreign Secretary, the Rt Hon Jack Straw
> MP told the House of Commons in answering a written question that:
> "We informed all missions by Note Verbale in March 2002 of our sustained
> view that there were no legal grounds to exempt diplomatic missions from
> payment of the congestion charge. Since then, in formal and informal
> exchanges, we have informed missions of our view that the congestion char=
ge
> does not constitute a form of direct taxation under the Vienna Convention=
,
> but is a charge analogous to a motorway toll, and that they are expected =
to
> pay."
> 3.=09On 24th January 2006, Lord Triesman, the Parliamentary
> Under-Secretary of State within the Foreign Office told the House of Lord=
s:
> "My Lords, we take every opportunity to remind diplomatic missions to mee=
t
> their obligations to comply with United Kingdom law and pay promptly any
> fines that they incur. Following the annual Written Ministerial Statement=
 on
> parking and congestion charge penalties on 12 December, we will now forma=
lly
> approach the heads of mission of the top 10 offenders in each category to
> find out what steps they are taking to pay. We will then take further act=
ion
> as appropriate".
> 4.=09All UK missions are expected to pay any road tolls and any parking
> charges.
> 5.=09Support for this approach has come from both this country and the
> US.
> 6.=09In an editorial on March 31st 2006, The New York Times said: "We
> don't buy the idea that diplomats are immune to the surcharge".  The New
> York Times editorial concludes: "Mr. Livingstone is certainly within his
> rights to demand payment, which may now amount to hundreds of thousands o=
f
> dollars, including fines".
>
>
>


-----
Jonathan Richmond
Visiting Scholar
Department of Urban Planning and Design
Graduate School of Design
Harvard University
312 George Gund Hall
48 Quincy St.
Cambridge MA 02138-3000

Mailing address:
182 Palfrey St.
Watertown MA 02472-1835

(617) 395-4360

e-mail: richmond at alum.mit.edu
http://the-tech.mit.edu/~richmond/