What is in Kelvin's Head?

  • Sermon preached for the Epiphany 2013

    Here’s the sermon I preached for the Epiphany. My day was made when a member of the congregation came up to me at the end beaming. He introduced himself to me as a member of the Iranian Community of Glasgow and said: “We, we Iranians were the first to worship the Baby Jesus!”

    And they brought unto Bethlehem gold, frankincense and myrrh.

    I must say how pleased I am to be preaching this morning – the Epiphany is one of my favourite feast days. I suspect that you would find that many priests said the same. I find it oddly moving to preach on the Epiphany gospel. It is immediately apparent to me that we are in the realm of myth and magic. The Magi shimmer into view from the East and bring their curious gifts of gold, frankincense and myrrh and there is no getting away from it. This is a strange story.

    And the thing that moves me about Epiphany is that here in our worship today we use the gifts the Magi brought. Gold – both our symbolic colour of joy and celebration that befits the feast and also in wedding rings that we shall bless today in thanksgiving for one couple’s marriage. And frankincense and myrrh – both burning today in the thurible. The sweet smell of the incense conquering the tartness of burning myrrh and rising heavenward. Together they are a symbol not only of our collective prayer rising to heaven but also that the sweetness of God’s love always triumphs over bitterness in the end.

    The use of incense in churches has long been rising though not nearly as fast as the use of incense in people’s homes.

    This kind of thing has led to controversy in Scotland. Some people don’t like the smell of incense and there have been countless disputes between priest and people about its use. (more…)

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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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