1 – The UK will lose its triple A credit rating.
2 – The Scottish Episcopal Church will have poor statistical returns this year prompting very quiet wailing and gnashing of teeth except in Argyll.
3 – At least one Church of England bishop (and maybe a pair) will be outed. (Only time I’ve retained a prediction from one year to the next).
4 – The Scottish Parliament will vote for new legislation allowing gay couples to get married. (But no such weddings this year). The details of the new category of “belief marriages” will be substantially changed and much more heavily regulated than is suggested in the recent consultation response from government.
5 – Sadly, I expect renewed campaigning for straight people to be able to enter Civil Partnerships with preparations being made for a legal challenge for 2014.
6 – The Coalition will have lower public opinion ratings by end of year due to public concerns as austerity measures bite. It will record one of the lowest public opinion rating of any UK govenment in modern times.
7 – The Church of Scotland will have a difficult General Assembly, but one characterised by fine speeches. They will approve a report which suggests having a theological study into blessing civil partnerships but not actual marriages of gay people. (This will please no-one who has any opinions about the matter and will thus be regarded as a success by those who don’t).
8 – The Church of England will be unable to agree a way forward on opening the Episcopate to Women.
9 – Justin Welby won’t put a foot wrong.
10 – The new Bishop of Durham will come from a relatively small congregation in London.
2 responses to “Human Rights Petition”
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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!”
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Thanks Steven. It us really helpful to have your perspective and some concrete examples.
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