What is in Kelvin's Head?

  • Dear St George – here’s 3 dragons I’d like slaying

    Today is St George’s Day. Cue articles about how we know almost nothing about St George and bewilderment as to how he became patron saint of England.

    Instead of that, here’s a few dragons that I like to see expertly slayed in our own day.

    1 – Foodbanks in the UK.

    When I went to the USA a few years ago on sabbatical I was filled with both admiration and horror at the amount of food that the churches were giving away in foodbank operations. Wonder at the sheer commitment and horror at the need. I proudly said that this kind of thing would never become a reality in the UK as we had a good social security system in place and if anyone ever tried to change that then the population would rise up against whoever was being so foolish. Sadly I was wrong – I came back to foodbank Britain not the Britain I’d left some months before. It isn’t nationalism or unionism that will stop foodbanks either. To kill this dragon we need a St George to rise up in the political world and bring an end to benefit sanctions and and ensure the timely processing of benefit claims.

    2  – Xenophobia, anglophobia, islamophobia, anti-Semitism etc

    The dragon of racism is stalking us again. Oh for a St George who could kill it once and for all instead of merely maiming it. People are just people.

    It is difficult to believe that we are now having to tackle a real threat from the political right to the progress that we had made in freeing Europe from the tyranny of war. It is equally hard to believe that Jewish communities in the UK complain about insecurity. It grieves me greatly that my Muslim neighbours are often presumed to be complicit in terror.

    3 – Same-sex marriage

    This was a baby dragon that we adopted as a pet but the truth is, it has now grown up and become a little frightening. Whereas once same-sex marriage was a rallying cry for the cause, now the very words are being used against those who want equality, particularly in the church. We don’t want same-sex marriage in church, we want marriage to be open to straight couples and same-sex couples alike. One institution, one blessing, one God, one sacrament. It is time for same-sex marriage to die.

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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