What is in Kelvin's Head?

  • Predictions 2021 – How did I do?

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

    Boris Johnson will achieve his longstanding ambition to become a former Prime Minister.

    Alas, Boris Johnson did not achieve this ambition this year. But we must award him 10/10 for trying. He’ll get there in the end. Prediction not accurate

    Stock market higher at end of 2021 than at the beginning (FTSE – 6,460) but higher inflation too (most recent CPIH – 0.6%).

    Yes, the stock market is higher and so is inflation. (FTSE – 7379 and most recent CPIH – 4.6%). Prediction accurate.

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

    Indeed, no progress at all for those hoping for marriage equality in the Church of England. Moreover, any hope is receding, made much worse by the Church in Wales opting for blessing same-sex couples rather than marrying them. Prediction accurate.

    State based hackers turn their disruptive attention to open source software. (Watch out WordPress).

    Hard to prove but there are reports suggesting this is happening and indeed may have been happening before this year. I’m claiming this as a win. Prediction accurate.

    Donald Trump will remain the centre of attention.

    He’s not gone away. He’s not been convicted of anything. He’s building his media empire. He wants to run again and has no major republican challenger. Prediction accurate

    There will be midnight mass in St Mary’s Cathedral, Glasgow next Christmas Eve. People will be wearing masks.

    Accurate in every respect. Prediction accurate.

    A rocky year for Nicola Sturgeon but the SNP will be returned triumphant to Holyrood, despite their record.

    Well it wasn’t really a rocky year for Nicola Sturgeon who is still the only show in town but the SNP did return in triumph to Holyrood despite their record. Prediction partially accurate.

    No vote on Scottish Independence this year but like it or not, constitutional change is a-coming.

    Indeed so. It has been quite a year for asking whether devolution works. Prediction accurate.

    Attempt to repeal the Human Rights Act, removing the provisions of the European Convention on Human Rights from UK law. (It is a stepping stone to restoring capital punishment – the Brexiteers are not done with us yet).

    Consultation currently underway on a plan to replace the Human Rights Act with a Bill of Rights that would distance the UK from the ECHR. Prediction sadly accurate.

    Legislation emerges in Scotland to restrict fireworks.

    The Fireworks (Scotland) Miscellaneous Amendments Regulations 2021 were brought in at the end of June restricting the times of day that fireworks can be used to between 6 pm and 11 pm, restricting the times of sale and limiting the amount that can be sold to someone at any one time. We’ll see how these restrictions have been received at about one minute past midnight tonight. Prediction accurate.

    Not a bad year overall. I’m claiming 8½ out of 10.

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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