What is in Kelvin's Head?

  • Three links about mission

    Back to business. I’ve been having a quiet few days on the blog what with Holy Week and the joy of the resurrection to cope with.

    Over that time, I’ve noticed a few articles appearing online which are well worth taking note of.

    Firstly, the report which was headlined in the Sunday Times which was a survey of where the churches are. It is something of a tradition of the Sunday Times to carry surveys saying that the church is in trouble over the Easter weekend.

    There’s a report about this one over on the Reuters site and it is worth looking at, together with some more analysis linked to over at Thinking Anglicans. Perhaps the least newsworthy item is that 76 % of Scots think the Church of England is out of touch. Well, you don’t say.

    However, there’s things that are worth thinking about. The Sunday Times interpreted it all as meaning that there is a lack of moral leadership coming from the churches and that people are trusting clergy less. (Whether clergy are trusting the laity more or less is perhaps a much more interesting question).

    Then over in the Spectator there is a rather depressing account of what it was like for Ysenda Maxtone Graham to go to a rural church for an Easter Day. It is worth a read even though you won’t like it. No, it is worth a read because you won’t like it. Before you click on the link, recite a bit of Burns a few times over. “O would some power the giftie gie us to see ourselves as others see us.”

    Then, rather more positively but just a troubling is Andrew Brown’s very thoughtful piece on the Guardian website: How do churches get new bums on seats? Get rid of the boring old ones.

    Really interesting analysis of why church-planting has worked for some people – because it produces the commitment in younger people that is needed to make the church swing which they are unlikely to throw at churches that are struggling which are full of older people wanting things not to change.

    Now, the string that ties these three pieces of work together is a hunch that the two things which affect whether or not someone new will come back to a church and give it a go are firstly what happens there on a Sunday and secondly how they feel about those who are there on a Sunday. (And it is worth pondering for a moment which might be easier to change).

    Now, is there any way we can talk about that? Does it fit neatly with the mission discourse of the Scottish Episcopal Church at the moment? I’m not so sure, but I rather think it matters that we find some way of having that conversation.

    What do you think?

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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