What is in Kelvin's Head?

  • St Andrews Debates

    Great night last night in Lower Parliament Hall in St Andrews. I’d been invited to join a panel debate (a bit like Question Time) on LGBT issues at the invitation of the Debating Society and the LGBT Society of St Andrews University.

    I like going back to St Andrews, which was where I read theology from 1989 – 1992. I don’t get there terribly often.

    There are people who go to university there who never leave. They hang around and can’t get it out of their system. I was never like that but it is still lovely to return. There is still an emotional thrill to be had peeking into St Mary’s Quad and thinking, “I was here, I was here”

    So many things about St Andrews never change. However some things do. It was obvious last night that things have changed for gay students. In my time, the LGBT group met behind closed doors in a small room in the Chaplaincy on a Sunday evening. I never went. I would have been frightened to go but do remember walking past the steamed up windows and wondering what was going on inside. (They were probably boiling kettles to make tea, but the steamed up windows did make you wonder).

    Now, the LGBT Society is a sub committee of the Union, like the Debating Society. That means that by definition, every student in the University is a member and they are responsible for providing a range of services. They say there are a couple of hundred active members and last night, LGBT and Debates were holding their first joint event. It is almost inconceivable to me that the Debating Soc, which was so macho, testosterone fueled and deeply conservative in my day should be doing this now.

    It is quite moving to go back to your alma mater. Last night wasn’t just nostalgia for me though. I could see the real, material changes that have come to students like me. Things have changed, gloriously changed in the last 20 years. I’m proud to have been part of that and proud to have joined a great bunch of students last night for debate and socialising afterwards. (Though I gave up and headed to bed before they did).

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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