What is in Kelvin's Head?

  • Predictions 2023 – How did I do?

    1  Generative artificial intelligence will become significantly disruptive of many sectors this year. Education practices will change quickly as a result of this but education will be but one of many areas of life to be affected.

    Happening all around us (even to people who can’t see it happening around them) – prediction fulfilled.

    2 No progress for those seeking marriage equality in the Church of England. There will be a lot of talk about moving towards some form of official blessings for same-sex couples which would have the effect of thwarting those seeking actual equality, making it more difficult to achieve. Further division amongst pro-gay activists in the Church of England.

    Happening exactly as predicted. The recent developments following the LLF project make equality more even further away – prediction fulfilled.

    3  Indyref 2 will not happen on 19 October 2023 as Nicola Sturgeon had hoped, which is a shame for those seeking to separate Scotland from the rest of the UK as the autumn will be the high water mark for the Indepedence movement. It will be downhill into the next General Election after that.

    Happenning but not quite as I expected. Indryref didn’t happen but Indy polls are indeed riding high. However I didn’t see the mess the SNP would get itself into along the way. Prediction Fulfilled.

    4  Trump and Biden will both declare that they intend to run for the US presidency in 2024 and American politics will continue to be all about Donald Trump.

    Exactly as I said – prediction fulfilled.

    5  Covid recovery remains bumpy, particularly through supply-chain problems due to mismanagement of Covid in China.

    Pretty much as I said – we’ve largely forgotten the supply chain issues that continued from the end of last year into the new year and the spring. Prediction mostly fulfilled.

    6 No conclusive end to the war in Ukraine this year.

    Alas. Prediction fulfilled

    7 Governments in Westminster and Holyrood will announce some kind of “new deal” for the National Heath Service.

    Holyrood here: https://www.gov.scot/publications/programme-government-2023-24/pages/5/

    Westminster: Pay – here https://healthmedia.blog.gov.uk/2023/07/14/government-accepts-recommendations-from-nhs-pay-review-bodies/
    Westminster: Medicines here: https://www.gov.uk/government/news/landmark-deal-to-boost-nations-health-and-save-nhs-14-billion

    Prediction fulfilled.

    8 – UK Government will not succeed in blocking Scottish Gender Recognition Reform.

    I remain surprised that the Scottish Governnent gave up on this. Prediction not fulfilled.

    9  Liam McArthur’s bill in the Scottish Parliamant to allow doctors to participate in the killing of terminally ill patients will fail to receive parliamentary approval but will receive more support than similar proposals have before.

    Bill hasn’t received approval but hasn’t gone to a vote either. Large levels of support in the media. Prediction partially fulfilled.

    10  Changes announced to the UK honours system, perhaps at the time of the Coronation, to remove references to empire. OBE becomes Order of British Excellence.

    Not happened yet. Prediction not fulfilled.

     

    Result – about 7 1/2 out of 10 this year I think. Not bad.

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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