What is in Kelvin's Head?

  • Predictions 2022 – How did I do?

    Time to see how I did with my predictions at the start of the year.

    Boris Johnson will be replaced with a Prime Minister who is more competent, more right wing and more difficult to beat.

    Well, if we skip lightly over the horror of Liz Truss’s premiership, I’m going to claim this one as fulfilled. Left and right designations in politics mean less as the years go on. Prediction fulfilled.

    A good year for Michael Gove (who is almost invisible at the moment).

    I’m claiming this one too. He’s back in government and less invisible. If you don’t agree, you probably don’t read the Daily Telegraph. Prediction fulfilled.

    Church of Scotland General Assembly votes to allow same-sex couples to be married in church. More significantly, almost no-one leaves in a huff.

    Exactly what happened. Prediction Fulfilled.

    No progress for those seeking marriage equality in the Church of England.

    Sadly. Prediction Fulfilled

    US Republican Party do well at the November midterms.

    Gloriously, prediction unfulfilled.

    Midnight Mass will happen at St Mary’s Cathedral, Glasgow – some people will still be wearing masks but it won’t be mandatory.

    Yes, I did see a few mask wearers but we were getting back to prepandemic levels of attendence and Midnight Mass was a blast. Prediction fulfilled.

    Lots of people discover that cryptocurrency is not the sure thing that they thought. (Losses will disproportionately affect young people).

    Oh my, yes. What a mess some people have got themselves into. Prediction fulfilled.

    Nicola Sturgeon will be forced to announce a proposed date for an Independence Referendum against her better judgement.

    She announed on 23 June 2022 that it would be held on 19 October 2023. (Spoiler alert – it won’t happen on 19 October 2023). Prediction fulfilled.

    Lambeth Conference will take place but some people forced to participate virtually due to continued pandemic in developing world. (No new sanctions against pro-gay provinces).

    Well it took place but I’m not sure whether or not there were virtual participants. However, there were no new sanctions against pro-gay provinces. Prediction largely fulfilled.

    Working from home/hybrid working becomes normalised for big companies. Consequent increase in ransomware demands.

    Working from home is certainly still going on and there are many big companies that are planning for it continuing in some form. (Here’s a government report about it). And yes, ransomware has increased. (Here’s a paper on it from the Chartered Institute of IT).

    I’m guessing that one or two people might want to argue about whether I got this all as right as I think I did – particularly the first two, but not a bad year overall.

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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