What is in Kelvin's Head?

  • Our own little Anglican Communion

    We had a great day yesterday at St Mary’s with the Very Rev Peter Elliott visiting from Christ Church Cathedral, Vancouver. The way that the rotas resolved themselves meant that we had a preacher from the Anglican Church of Canada, a celebrant (me) from the Scottish Episcopal Church, a deacon, Chucks from the Church of Nigeria (Anglican Communion) and the Scottish Episcopal Church and a subdeacon (Akma) from the US based Episcopal Church. Fluttering delicately around all of that were servers who bring skills and experience from the Church in Wales via the Church of the Province of Southern Africa, the Methodist Church in the USA and the Roman Catholic Church in England. And that isn’t to start on where the congregation came from.

    We are at St Mary’s sometimes our own little Anglican Communion and it is lovely.

    Peter Elliott and his congregation in Vancouver showed me great kindness when I was travelling in North America on my sabbatical last year and it was a delight to have him here in Glasgow.

    Peter and his husband Thomas were travelling to Iona in the company of other North American clergy who are heading off for a time of refreshment and renewal with one another and a few of them were around in St Mary’s on Sunday too.

    The world of deans and rectors of larger churches is quite different in North America to the world of Provosts here in Scotland. Generally speaking, their world has far greater financial resources to draw on and it can be quite seductive. Not a few people have asked me since I returned, “ooh, aren’t you tempted?”

    However, it is not simply a case of the grass being greener. Having travelled over there I know that quite well. Those who have roles equivalent to mine in ecclesiastical terms do some things the same and other things quite differently. Many, for example, on the other side of the Atlantic need to spend their time on fund raising in a way that would be unimaginable here. (Scheduling several fund-raising visits or lunches a week is not that unusual). I’ve learned that those jobs are very different to my own. Here in Scotland we tend to do things much more on the cheap. It is a very different fund-raising culture. That isn’t to say there are not important lessons to be learned from those on the other side of the pond on this topic, but things are very different.

    Here in the UK though we have differently developed key skills. Not least, clergy here in larger places need to be very skilled at building a community where people want to serve and want to offer something. Helping people to offer their gifts is a core skill and not always one which we think about enough. If we have any expertise, it is in gathering a congregation that is so focussed on a vision of life-enhancing and world-renewing worship that they want to join in and collaborate in bringing that vision of the kingdom in.

    It has its own excitement and yesterday at St Mary’s was one of those days where that excitement was tangible.

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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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