- guardian.co.uk, Sunday January 12 2003 00.47 GMT
The effect of the charge has not been fully appreciated by the public. Many people have no choice but to use their cars. Some work unsocial hours when there is no or little public transport or do not wish to use public transport late at night due to fear of assault or robbery, or because they need to carry large amounts of files or equipment. The polite word "charge" masks the fact that this is in fact a tax pure and simple - and that it is a tax that discriminates significantly against the lower paid, regardless of their financial position or ability to pay.
The financial effect represents the largest ever direct tax increase imposed on citizens of this country. A worker earning £15,000 per annum will suffer nearly an 11% decrease in his net salary, which equates to a 40% tax increase. A worker earning £30,000 will suffer a 7% drop in salary, which equates to a 16% tax increase. If the Chancellor were to introduce an increase in general taxation to this level it is unlikely that the Government would survive. Mr Livingstone - who I had imagined had spent his entire political life defending the rights and welfare of the lowest paid and most vulnerable in our society - seems to be doing everything possible to harm them through this measure.
What is remarkable is that there has not been until now a concerted and unified attack on the charge. Various groups have tried from their own perspective to seek exemptions for their members because they feel they are a special case, when it is quite clear that the hardship applies to all public sector workers as well as thousands of workers in the leisure, catering, entertainment and service sectors. In addition charity volunteers who earn nothing are being taxed.
Class Law Solicitors started working with Samantha Bond, the actor, who first highlighted the plight of the lower paid workers if the charge were to be introduced. We have instructed Michael Mann QC to investigate the basis of a legal challenge. The case is based on the failure of GLA to conduct a proper consultation process with the workers who are to be affected by the charge in breach of Article 6 of Human Rights Act 1998, so as to enable GLA to understand the financial effect upon them.
Class Law are currently consulting with the workers of London to obtain evidence as to whether they were asked for their views by GLA. At the time of writing, not one person who has completed a Class Law questionnaire has stated they received any consultation material.
Class Law's previous successes in many large UK group actions including Railtrack, Equitable Life, foot and mouth, and Split Capital Trusts have demonstrated that individuals can unite as a group to take on large institutions in court - and win. Our next step is to seek to bring all workers together, including unions, trade associations, charities and individuals at a public meeting in just over a week's time. The Palace Theatre has been kindly donated by the Really Useful Company for this purpose. The case will be explained in detail and volunteers and supporters will be sought to take the case forward.
If we can create a single unified group, we will have the strength to take on the GLA.
· Stephen Alexander is a solicitor with Class Law solicitors, and can be contacted by email at salexander@classlaw.co.uk
The meeting is to be held on 20th January 2003 at 1.00pm at the Palace Theatre, Cambridge Circus London WC2. Further information on the case, including a copy of the letter sent to the Mayor can be found on the web site classlaw.co.uk.
