• Sabbatical: Back to Glasgow

    I’ve arrived back in Glasgow. For those who haven’t realised what I’ve been up to, I’ve been on a big sabbatical trip that has kept me out of the country for 12 weeks.

    I was a little cautious about indicating online that my flat was empty for an extended period of time. Facebook friends will know something about where I’ve been but twitter and blog friends won’t know as much.

    It is very strange being back. I’m pleased to be home but have a bit of a dose of jet lag which is making me feel decidedly under par. I conquered it on the way out by going swimming in the Pacific soon after I arrived in Vancouver. I suspect that I’d better not try that down at Pacific Quay.

    I’ve been living with my watch jumping around all over the place for weeks. Since I set off in September, I’ve shifted time zones forward and backwards by 22 hours altogether. I know some people do this in their work all the time, but it has been a new experience for me and one that has been, at times, rather disconcerting.

    Anyway, for those interested, here is the list of places visited. I was trying to visit cathedrals and other interesting churches, looking for those which were growing and trying to search out those with a progressive/inclusive agenda. I find I learn from people who are different from me. You learn most I suspect from people who are different from you but like you in some ways. Some of these were substantial visits of a couple of weeks, other were side trips where I met with people for conversations along the way or simply experienced what was going on around me.

    Fairly obviously, it has been a busy trip. An incredible one too. It is a period of time that I’ll never forget. Of course, whilst I’ve been exploring these places, I’ve been meeting the most amazing people – “12 weeks hanging out with cool people” was how one of them described it. I’ve also been enjoying learning so much not only about matters ecclesiastical as about Canada and the USA themselves.

    Inevitably, coming back to the UK is a bit of a shock to the system. As I try to get my mind around what time it is, I am also starting to put it all together and pick out the themes and moods that I’ve been travelling around. On the plane on the way back home I looked through, sequentially, all the photographs I’ve taken. There are two and a half thousand of them.

    I’ve done the most interesting and refreshing project I could think to accomplish with my sabbatical time away and am immensely grateful to all those who made it possible.

    Just a few days more and I will be back at work in St Mary’s. Then the outworking of it all as I bring what I’ve learned into my daily life.

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!”

    1. kelvin Avatar

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

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