- Following recent revelations, this will be the year that former Archbishop of Canterbury George Carey finally shuts up. Expect no silly press releases on the eve of Church of England Synod. (From Carey anyway).
- The Columba Declaration recently leaked to the press will not in fact be adopted unamended by both the Church of Scotland General Assembly in May and by the Church of England General Synod in February.
- Solid vote in favour of first reading of legislation for removal of definition of marriage from the canons of the Scottish Episcopal Church opening the way towards a final vote in 2017.
- The Anglican Communion will move back towards being a fellowship of autonomous churches following the Primates’ Conference in January. Justin Welby will do the right thing for the wrong reasons. (ie he will accept the inevitable loosening of ties that stems from the global domination fantasies of his predecessors but not speak up for LGBT friendly churches).
- The SNP will win a landslide in the Holyrood Election. There will be UKIP representation in Holyrood for the first time.
- The SNP will continue to work for their preferred outcome in the European Union referendum – an overall majority in the UK in favour of staying in, a massive majority in Scotland for staying in and a majority in England for leaving the EU.
- The Democrats will retain the White House.
- Jeremy Corbyn will still be Labour Party leader by the end of 2016 and become a little more popular within the Labour Party the longer he is there. The Labour Party will still seem unelectable at the end of the year. No major defections along the way. (There’s nowhere to go).
- A successful cyber terrorist attack on a major Western financial institution. (It is only a matter of time).
- Amateur drone crash causing loss of life.
- 3D printed food experiments in restaurants.
- More major news outlets closing down the comments sections on their websites as open comments become unmanagable.
2 responses to “Human Rights Petition”
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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!”
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Thanks Steven. It us really helpful to have your perspective and some concrete examples.
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