What is in Kelvin's Head?

  • Review of Predictions for 2018

    On 1 January I made predictions for the coming year. Time to see how I got on.

    1 – General Election in the second half of the year.

    Well, no we didn’t and the government linger on. Not right

    2 – “…and as the polls close, our exit poll predicts that the Conservative Party is unlikely to be able to form a new government…”

    Well, the government did linger on of a fashion.  N/A

    3 – The next but one leader of the Conservative Party becomes Ruth Davidson MP.

    Too soon to tell. Not right yet.

    4 – The hipsters get bored of vinyl and discover cameras with actual, you know, film.

    In September, I happened upon three or four hipster types from Denmark in the cathedral grounds taking photographs for a fashion shoot in Belgium. They had stopped shooting for a moment…. to reload film canasters.  Right – but likely to become more common yet.

    5 – No date for a new referendum on Scottish Independence.

    No date for a new referendum and no great call for one either. Right.

    6 – No progress for LGBT affirming Anglicans in England.

    Sadly correct. Right

    7 – Progress for LGBT affirming Anglicans elsewhere, particularly Brazil.

    Stunning progress in Brazil – marriage agreed by huge majority on synod floor. (And who else saw that coming!) Right.

    8 – Increasing realisation that sexual abuse is part of church culture. #churchtoo #metoo.

    Yes – meetings happening all over the place trying to work out how to respond. Few coherent policies yet. Right.

    9 – FTSE lower at the end of 2018 than it is at the beginning. (7687)

    As I write this the FTSE is at 6728 – worst year in a decade. Right

    10 – The end of the beard.

    Those with style, manners and culture have seen the error of their ways and shaved. A few young and misguided types cling on. Completely and utterly right.

     

    Not a bad year, I think.

2 responses to “Human Rights Petition”

  1. Steven Avatar
    Steven

    Kelvin

    I strongly agree with your sentiments and intend to sign the petition. As a practising barrister I can say that the incorporation of the Convention has had a hugely beneficial effect across society – especially in creating a rights aware culture amongst the judiciary.

    I have successfully relied on the Convention to (1) ensure that the state continues to support destitute asylum seekers whilst they are appealing an asylum support decision (2) prevent the removal of a mentally unwell Brazilian amputee who is awaiting further surgery in the UK (3) ensured that those detained under immigration powers are not held in “ordinary” prisons and (4) prevented the deportation of a Turkish national for a crime committed whilst a child. The Convention naturally “benefits” those on the edges of society – whose cause might be unpopular. That does not mean, of course, that it is unworthy. Quite the opposite.

    I have of course relied upon the Convention in cases which stretch the reach of the various articles. That is how the law develops. Judges do not embrace such claims uncritically. Unfounded and weak claims are rejected as such and so the public perception of an “out of touch” judiciary is misplaced. Thank God for the Judges who – if they were to follow the whims of public opinion would “string em up”, “bring back the birch” and “throw away the key”!

    The Human Rights Act 1998 still retains parliamentary sovereignty in any event. This means that Parliament can still introduce laws that are in breach of the Convention. All that a Judge can do when faced with such legislation is declare it to be “incompatible” and that is it. This may create political pressure (especially at a European level) but it means that the “Queen in Parliament” is still sovereign.

    In addition the HRA 1998 has become entrenched as an almost constitutional statute. Repeal or significant amendment would not create less litigation. On the contrary, as the Daily Mail might put it, lawyers would have a “field day” arguing about when a particular right ceased to exist under the ECHR in the UK and the extent to which rights survived repeal or amendment. It would create a legal mess, a constitutional back-step and a political nightmare.

    In fairness though a solicitor did ask me if they could bring a case to challenge a refusal by the police to allow a man more regular smoke breaks on the basis of his Convention rights (he was being questioned for murder)…I reminded the solicitor that the drafters of the Convention had in mind the ashes of Auschwitz when drafting the Convention and advised him to, as they say in Ulster, “catch yourself on!”

    Reply
    1. kelvin Avatar
      kelvin

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

      Reply

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