What is in Kelvin's Head?

  • Guest Post: At Home Among the Dissenters – John McLuckie

    The Rev John McLuckie is about to return to Scotland following several years working in England. In this guest post he reflects on his experience of the Church of England. Do feel free to respond to what John has written below in the comments and check out his blog at http://justluckie.typepad.com

    On the weekend of the celebrations to mark the Queen’s diamond jubilee, I decided that I wasn’t in the mood for the kind of civic religion I knew I would find in my local Church of England parish so I went to our local Quaker meeting instead. I enjoyed it so much that I have been going there regularly ever since.  I enjoy the silence and the gently mystical instincts of Friends, but also their testimony to simplicity, equality and peacemaking.  As an Anglican priest, this seems like a slightly irresponsible thing to do, but I think that this choice says a lot about how I perceive the differences between the context and ethos of the church in which I was ordained – the Scottish Episcopal Church – and the one I currently belong to – the Church of England.

    In fact, I don’t work for the Church of England but for the NHS as a chaplain in a specialist cancer hospital.  I recognise that this is a privileged position in at least two ways: firstly I feel privileged to work in a place where I can explore matters of the spirit with people who would not normally have anything to do with a church, including people of other world faiths; secondly, I am, in part, able to occupy this position by virtue of the privileged relationship with the state enjoyed by the Church of England.  I have no doubt that this relationship is changing, but am not skilled in the arts of predicting the future so would not dare to hazard a guess as to how it will look in a generation’s time.  What is clear to me is that the C of E takes its public role very seriously and I deeply respect the skill and intelligence with which so many of its members, lay and ordained, interact with society at all its levels, civic, cultural and communal.  However, it is also clear to me that the C of E is not alone in this commitment, even if it does sometimes imagine that it is.  The truth is that there is another story about the place of Christian faith in English life and culture and my sojourn with the Society of Friends gives a clue about it.
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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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