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Privatization of Air Traffic Control
Privatization of Air Traffic Control
Pauline Nawiri
University Affiliation
Looking across the global landscape, governments have been privatizing several public owned industries as a way of cutting costs, increasing productivity and injecting innovation. In spite of huge success stories, privatization of air traffic control (ATC) remains contentious. This is because there are almost as many benefits as there are disadvantages.
Those in favour of privatization argue that it will improve air security. This is because the private enterprises have the ability to embark on a rapid modernization exercise as compared to what can be allowed within the government resources (Poole and Edwards, 2010).Looking at the case of Canada and Australia, private enterprises were able to procure new technologies immediately after privatization (Sclar, 2003).
Another advantage is that the private enterprises will be able to charge user fees assuring them of a regular income flow. As a result, Poole and Edwards (2010) notes long term bonds can be issued to fund ATC programmes, which will enhance efficiency and cut down costs. These user fees are rarely charged by governments, and most of the money comes from the budget allocation which is not enough.
It is also in order that governments are warned that privatization of ATC is not a panacea. A review of Australia, Canada and Great Britain demonstrates that privatized ATC tends to impose greater costs on users. In the example of Nav-Canada, privatization is said to have led to massive increases in user fees to passengers making flying more expensive (Sclar, 2003).Besides, privatized ATC have proved to be more expensive to manage. Given that governments have a responsibility of ensuring continuity of services, Sclar (2003) points out that in 2002, the British government had to bail out National Air Traffic Services twice to the tune of $131 million which was close to two-thirds of original sell price.
Even though privatization has been hailed as a way of keeping down costs, this has been achieved at the expense of air traffic controllers who have had to take on heavier workloads. For example, in Canada, the controllers are understaffed to the point of being unable to perform their jobs, while Australia has witnessed a series of strikes by controllers (Sclar, 2003). It can thus be deduced that the security of travelers cannot be guaranteed.
In conclusion, it can be said that any nation contemplating ATC privatization should tread carefully because this is one area that may be equated to a minefield.
References
Poole, R. and Edwards, C. (2010). Airports and Air Traffic Control. Cato Institute
Sclar, E. (2003). Pitfalls of Air Traffic Control Privatization. New York: National Air Traffic
Controllers Association.
Private vs public control
Private vs. Public Control
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Private healthcare insurance programs usually predict financial risks taken by employees in order to determine the cost of insurance. However, government healthcare programs such as Medicare and Medicaid do not measure the healthcare costs of individuals by the experience. It is quite difficult for government healthcare programs to use such methods to defray costs. These programs usually cater for a very large number of individuals hence making it difficult to measure insurance costs by experience. In most cases, individuals covered under these programs are unemployed and hence there is no need to look at risks they are likely to face. Furthermore, these healthcare programs usually cater for basic healthcare needs of individuals (Aizer, 2006). However, it is still important for these programs to defray costs using experience ratings. It can be achieved through introduction of strict requirements for eligibility of the programs. There can also be collection of crucial details on an individuals experience and use the information to allocate insurance funds.
The recipients of Medicare and Medicaid programs are low income individuals and mostly unemployed. The categorization can be achieved through setting requirements that individuals have to meet before they are considered to be part of the program (Aizer, 2006). The risk pools include children under the age of 21 years, low income adults who are institutionalized, disabled individuals, and individuals above 65 years. These programs do not provide medical assistance for everyone who is poor hence one has to meet these requirements before they become eligible. There are also people who are termed as being in the high risk pool who qualify for these programs. These are individuals who have pre-existing conditions like HIV/AIDS, cancer or diabetes and are turned down by insurance companies. These people can be categorized into the risks pools and get covered under government healthcare programs.
Currently, many old people are suffering from chronic illnesses that need healthcare services. Most of this people are not employed and hence can not afford to pay for healthcare. Most of the private insurance companies are reluctant to give old people insurance because of the many healthcare issues they have. It leaves the burden to the government and most of them depend of government health programs.
It is true to say that reason why Medicare will cease existing in its present form is there are still a high number of eligible recipients under the program compared to the decreasing number paying to the program. In order to run smoothly, the Medicaid program needs to be well funded. The decrease in funds into the program as compared to the increase in number of people benefiting from the program will lead to inefficiency of the program (Haugen, 2008).
It would be difficult for US to transit to the British style of national healthcare because the private sector largely controls healthcare in the US. The challenges the US would face in adopting a national healthcare system include funding. It would be difficult for the US to be able to fund the national healthcare systems. Another challenge is presence of private sector in healthcare industry. The US healthcare industry is largely dominated by private organizations hence making it difficult to establish a national healthcare system solely run by the government. Another challenge is the cost of healthcare. The rising cost of healthcare would make it difficult for US to adopt a national healthcare system (Haugen, 2008).
Employer-sponsored healthcare benefits should be maintained because they provide coverage for many people who are employed. It would be expensive for the government to provide healthcare benefits for all individuals in a country. The government can encourage these programs by offering incentives in form of subsidized healthcare in the country.
References
Aizer, A. (2006). Public health insurance, program take-up, and child health. Cambridge, Mass.: National Bureau of Economic Research.
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Haugen, D. (2008). Health care. Detroit: Greenhaven Press/Gale.
The fifth and sixth amendments
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The fifth and sixth amendments
Amendment five and six are amendments made in the United States constitution which is also part of the bill of rights of the United States. These amendments aim is to protect the rights of human beings who may be criminals especially against abuse of the authority of government in a legal procedure.
The Fifth Amendment says that for a person to be held to answer for a capital or any infamous crime defined as a felony punishable by imprisonment for more than one year there must be presentments of a grand jury. This is however is not the case when it comes to cases where they existed in the land or naval forces and also in the militia when one is in service during war or public danger. The amendment continues by saying that when one is subject to same offence they should not be double jeopardized .They should not be used as their own witnesses and all their rights should be fulfilled. Their property should also not be tampered with or become public property without them being compensated.
The grand jury however is only applicable in cases of felony charges. It does not include protecting those in the armed forces. There are also certain evidences that cannot be given to the grand jury even in felony charges. The individuals also charged with a crime are not allowed to enter with their attorney where the grand jury is holding the hearing. They can only go out to consult them once they have been asked a question. Many states in the United States are now doing away with the grand jury since they are free to do so.
The clause of double jeopardy has certain prohibitions the first one being prosecution after acquittal whereby the government is denied the right to appeal after entry of an acquittal. The principle however does have exceptions and the government may be allowed to appeal a pre-trial motion to dismiss. After a jury conviction the government can also appeal a directed verdict. There is also an exception in appealing in cases where there has been known to be judiciary bribery. The other prohibition is prosecution after mistrial where the defendant can only move for mistrial after the prosecutor acts in bad faith. The other prohibition is prosecution after conviction which says that an individual may be tried and punished separately for two crimes if each crime has its own elements different from the other.
The Fifth Amendment is also the one that protects individuals from self incrimination. This means they can decide to not talk when questions are asked and they can also refuse to give a testimony during the hearing. This way the Fifth Amendment protects their right to remain silent. This right applies when an individual is in a legal proceeding where they are expected to testify. This right however does not apply when one is testifying before a self regulatory organization which cannot send one to jail. An individual can however testify when they are given immunity by the government and even if they will be convicted their testimony will not be used against them.
Any evidence that is obtained illegally cannot be used according to the Fifth Amendment. Confessions should not be given involuntarily and an individual needs to know their rights first before confessing to anything. The questioning of an individual is supposed to occur when in custody.
The sixth amendment on the other hand states that an individual in a criminal prosecution has the right to a speedy and public trial. The public trial right can only be done away with if presence of the public undermines defendants’ rights. They should also be free to get a counsel and also their own witnesses. The individual can also be confronted by witnesses who are against them.
It is the supreme courts duty to ensure that the accused gets these rights and in the case of a speedy trial there are certain ways to know if this right has been violated. The court looks at the length of the delay. There is also the reason of delay which may be justified if it is for the benefit of the case, if the defendant has caused the delay maybe waiting for a witness they cannot complain of being delayed. There is lastly the degree of the prejudice to defendant due to the delay.
There are certain cases that require a jury and these are the serious cases like murder. The other petty cases where one is imprisoned for maybe a few months does not require a jury. The sixth amendment stated that the number of jury had to be twelve and that their decision had to be unanimous. The amendment also requires the jury to be fair in their rulings. This is required to be ensured by making sure that when the members of the jury are selected almost all communities or races and groups are represented. It is also a requirement by the sixth amendment that one be tried where they committed the crime. The jury will also include members from that state.
The sixth amendment also gives an individual the right to be told all details concerning the nature of their accusations. This way they will avoid facing double jeopardy because they will know when they are prosecuted for something they paid for before. When in court a witness can be confronted and also cross examined. The prosecutor can also use physical evidence but cannot refer to any evidence not presented to the jury.
There is the compulsory process clause in the sixth amendment whereby the defendant can call a witness in their favor and if that witness refuses to testify they may be forced to do so by the court. The defense lawyer should however notify the jury of the witness before the hearing.
The sixth amendment also gives an individual the right to be represented by a counsel and in cases where they cannot afford one the court is required to appoint one for them. The individual may also represent themselves if they are competent.
Work cited
Miniter, Frank (2011). Saving the Bill of Rights: Exposing the Left’s Campaign to Destroy American Exceptionalism. Regnery Publishing. p. 204.
Johnathan M. Lamb, Pepperdine Law Review, Vol. 36, p. 213 (2008). “The Muted Rise of the Silent Witness Rule in National Security Litigation”. Ssrn.com. Retrieved April 11, 2011.
