What is in Kelvin's Head?

  • Last Year’s Predictions

    Each year I try to make some predictions at New Year. And each year I take a look back on Hogmanay to see how I did.

    Here’s the rundown of how I did last year.

    1 Those who voted YES in the Scottish Referendum will continue to behave as though they won. This may be unhelpful.
    2 Those who voted NO in the Scottish Referendum will continue to behave as thought he referendum never happened. This may be unhelpful.

    Well, I think I got these both right. I don’t see much sign that we’ve moved on from the referendum. Alan McManus’s magazine article was a breath of fresh air, but a rare one.

    3 There will, I fear, be a Tory Prime Minister at the end of 2015.

    Bang on with this one.

    4 The Liberal Democrats will retain 10 – 14 seats in the House of Commons.

    Well, I got the detail wrong – the Lib Dems did even worse in the General Election. When I made this prediction, most people were predicting a Lib Dem presence of 30 – 36, I think. My prediction of electoral catastrophe was just not taken seriously by those whom I know who should have taken it most seriously. I’m claiming this as a very near miss.

    5 Nick Clegg will lose his seat and be Lord Clegg by the end of the year.

    That’s a miss. Nick Clegg kept his seat if not his party.

    6 The Labour Party will not be led by a Milliband by the end of the year.

    Well I didn’t see Jeremy Corbyn coming but it was clear to me that Ed Milliband wasn’t going anywhere fast. Remember though that right up until the General Election, most of the polls predicted a hung parliament and uncertainty about who would be the PM.

    7 The Church of Scotland will begin a new procedure under the barrier act to determine whether to accept ministers in same-sex partnerships who are married (ie not merely in Civil Partnerships).

    Got this one bang on. Presbyteries have just voted by a narrow majority to send this back to the General Assembly for decision in May.

    8 There will be legal victories for those seeking to extend Civil Partnerships to straight couples.

    Well, we’ve not see as many legal victories as I expected. However, we’ve got a rather uncomfortable consultation just completed in Scotland in which the Scottish Government announced before consulting, that it didn’t want to do what a lot of people want them to do. I hope it sticks to its guns though and refuses to allow straight couples (or indeed future gay couples) Civil Partnerships.

    9 Elizabeth Warren will become a household name.

    Well, this one didn’t really come to pass. My fantasy of a dream Hilary/Elizabeth ticket doesn’t look like becoming a reality either.

    10 (Some) straight liberals will lead the charge (such as it is) for (something less than) LGBT equality, (sometimes). Believe it or not, I’m excited by this and it is an improvement. [Remember that in 2011 I predicted that “No straight liberal in the church will feel the need to sacrifice anything at all for the gay friends they purport to support.” Things are changing a bit].

    I’m claiming this one as a win. I could feel it all around me at Greenbelt but I’ve felt it in other places too. Increasingly, the things I’ve been fighting for are becoming mainstream. Deo Gratias.

    11 Advances in e-learning in churches.

    This one is a miss. I’ve dabbled a bit myself but there’s no real sign of denominations doing what they need to do if they are going to teach their people any better in the future than they have done in the past.

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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