What is in Kelvin's Head?

  • Brexit – Five First Quick Thoughts

    • My first thoughts on waking to the news of the result of the referendum on membership of the EU are not with the markets nor about sovereignty but with individuals. In particular, my thoughts are with the considerable numbers of members of my own congregation who have come from the rest of the EU to make a home here and indeed those who have moved the other way and who are living in other European countries. There will be considerable numbers of people feeling very uncertain about their own place in the world.
    • My second concern lies with those who will be the poorer for this decision. Financial volatility seems destined to affect the poor disproportionately. So far I hear no discourse in the media about the least financially secure. One of the reasons that this has happened is that there has been a collapse in trust in the ability politicians in much of the UK to speak for policies that would benefit most of the people.
    • I don’t think that the economic questions facing Scotland got any easier overnight. The calls for a second independence referendum are surely coming our way but on what terms? A Scotland in Europe hitched to a pound out of Europe? An independent Scotland committed to a Europe that fractures even more? Neither position is terribly attractive. It seems to me that there will be further attempts across Europe to persuade countries to leave the EU. That becomes much more likely after this vote.
    • I fear that there are more referendums heading our way whilst hating that way of making political decisions. We have representative democracy so that our representatives get to slug things out primarily so we don’t have to do so ourselves. Sadly I suspect there may be quite a lot of anger coming the way of our politicians. To some extent this result reflects the existence of quite a lot of anger already. However, politicians stand between the tyrant and the mob keeping both at bay.
    • The most frightening thing I saw over the last few days was the relatively powerful in the country having no contact at all with the disaffected majority. Again and again I heard people of the intelligentsia (a group I’d have to acknowledge I belong to as a card carrying member) saying that they simply knew no-one at all who wanted to leave and didn’t believe that it could possibly happen. We are divided and in ways I fear.

    There will be more to say later.

    Very much more.

    ,

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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