What is in Kelvin's Head?

  • The Hope of my Roman Catholic Friends

    I know so many Roman Catholics. I minister to a lot of Roman Catholics. A number of Roman Catholics minister to me, bringing me life and joy and love.

    Those relationships mean that I live with their hope.

    The news that the pope was going to retire brought that hope out into the open. It is an extraordinary moment where a conservative pope has, in his last major act, redefined the papacy as we know it for our lifetimes. From now on, those who select a pope will not presume that person must go on through the weariness of old age to death. They have new expectations that could well lead to younger popes and that makes the hopes of those I love rise.

    And that hope is almost unbearable to behold.

    I’ve just heard that Keith Patrick O’Brien has resigned in the wake of a number of allegations being made against him by three priests and an ex-priest. (Such talk has been doing the round privately for some time). I understand that he disputes these allegations.

    The Roman Catholic Church needs now to say how these allegations will be investigated. The now ex-Cardinal’s resignation doesn’t remove the need for those who have brought these allegations to hear the truth spoken, whatever that truth may be.

    Though I am not immediately with Roman Catholic friends, I can feel their hope rising for a different kind of leadership.

    The opposition that the Roman Catholic Church has made to gay couples being able to be married has been pretty vile and some things that have been said have come from the mouth of Keith Patrick O’Brien who was named a Stonewall’s Bigot of the Year in 2012. If these allegations are proved to be true, people will call him worse than that this time. If not, then he has been unjustly and horribly accused.

    I take no pleasure from his departure and I don’t think I know anyone in any of the churches who will. This brings none of us any good.

    Today I bind my prayers with the aching hopes of so many Roman Catholics I love. And I leave all I say and think about these things there.

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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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