What is in Kelvin's Head?

  • Sermon preached on 8 November 2015

    We stood at the top of the top of the hill looking down the Clyde looking past Bowling and on towards Dumbarton.

    No ships. No boats. The slight eeriness of the empty estuary.

    “And that’s where the fire was” she said. “The VE day fire”. And over there – behind the house, that must be where the shelter was.

    Earlier this year, I had taken her on a bit of a nostalgia trip. We went back to Clydebank where she grew up and had a look around the house in which her family had lived. It is still there, something which seems remarkable in itself.

    “That must be where the shelter was”. Something about that statement made me start to do the sums in my head to work out how old she was. “But you were only a baby”, I said. You’d been evacuated anyway.

    “No I hadn’t” she said. “I was there. I was in the shelter all night. I was in the shelter and mum, your grandmother held me all night as the bombs were falling. Oh yes, I was there. I was only evacuated to Kilmarnock after that, when the town couldn’t be lived in.”

    I have always been aware that every congregation that I have ever worked in has had people in it who had first-hand experience of war – both recent and in the past. However, I’d somehow never managed to clock the fact that my mother had been there when the bombs were falling. Quite how I’ve made it to nearly 50 without knowing that, I don’t know. But sometimes stories about war come back long after the event and it isn’t unusual I guess to simply not talk about what had happened.

    “Well, who else was there then?” I asked. (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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