What is in Kelvin's Head?

  • Guest Post: Alan McManus on The Feast of St Francis

    The Feast of St Francis is increasingly being marked in the church these days, most obviously by services for the blessing of animals. St Mary’s will be having just such a service on Sunday afternoon at 2.30 pm. However, Francis is about a good deal more than animal blessings. In this guest post, Dr Alan McManus reflects on the challenges that Francis presents to us as we celebrate his legacy on this his feast day. Alan is the author of, Alchemy at the Chalkface: Pirsig, Pedagogy and the Metaphysics of Quality, on www.robertpirsig.org  and, Only Say The Word: Affirming Gay and Lesbian Love, forthcoming from Circle Books. He runs Alchemical Life Coaching and is the animating force behind Tent City Theatre Company, both based in Glasgow. Alan attends St Mary’s Cathedral.

    Did you see the news last week about the young Frenchman, the MIT (LSE?) drop-out who publicly kissed a paedophile priest, liberated twenty beagles from an in-vivo tobacco testing lab and then forced his way into the Stock Exchange – was it Wall St? the Bourse? – stripped off his clothes and left them at the feet of his father?

    It may have been the son of a Cathar cloth merchant, a leper, a lion with a thorn in its paw and a market square in 12th century Umbria. I’m hazy on the details. Anyway, it was big. Unofficial Church sources say it’s “too politically sensitive to touch” but local people have reacted positively and are putting up bird baths in his honour.

    Francesco, the ‘Frenchman’, was nothing if not theatrical. Which is one of the reasons why I love him and possibly one of the reasons why, twenty years ago, I spent a year as a Franciscan ‘postulant’ and novice. Although I didn’t know it at the time. What attracted me then was his simplicity, his spontaneity and his spirituality of identification with the poor.

    The poor (like schalmtz) will be with us always. We had that on good authority 2,000 years ago and it’s one prediction that has stood the test of time.

    (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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