What is in Kelvin's Head?

  • How did I do with last year’s predictions?

    Here’s a run down of how I did at last year’s predictions.

    • Good results for Nigel Farage following the English local elections in May. Terrible results for Conservative Party.

    Exactly what happened. YES

    • No progress towards the marriage of same-sex couples in the Church of England

    Exactly what happened. Indeed, I think things may have gone into reverse. YES

    • Turbulent year for WordPress, which powers about half of the internet.

    The year began with Automattic dramatically cutting its contribution to development leading to stagnation in development and much acrimony. Subsequently restored. Deep divisions remain about Gutenberg. I’m claiming this as a YES.

    • 2025 will be the hottest year on record.

    Final figures yet to be calibrated but all reports indicate that this, unfortunately is a YES.

    • No trade deal for UK with US. Increasing talk of re-aligning economy closer to EU.

    Well, there was a trade deal in May called the Economic Prosperity Deal but it doesn’t seem to much and some of the basics have already been reversed. I suppose I have to be honest and say I didn’t get this quite right so it is a NO. But…

    • Ceasefire in Russia-Ukraine war but no long term solution.

    Hard to assess this one. No long term solution, certainly. There have been a series of ceasefires proposed but none seems really to have been fully implemented. Partial YES.

    • “Assisted Dying” aka doctor assisted suicide becomes legal in at least one of the jurisdictions of the British Isles.

    I have to put this down as a  NO  as it completed its parliamentary journey in the Isle of Man but hasn’t received Royal Assent yet, so not technically legal.

    • Turbulent year for economy but stock market higher at end of year than beginning. (FTSE currently at 8,173)

    Stock market at 9,931 today and there was quite a lot of volatility in the first part of the year. So this one is a YES.

    • There will be fewer Commonwealth Realms (ie countries which share the monarchy) by the end of 2025 than there are now.

    This one is a NO though there has been significant progress in that direction in Jamaica and moves that way in Grenada.

    • Philip Mountstephen.

    Well, I was pushing Philip Mounstephen’s name as he appeared to be the only senior bishop in the C of E who actually believed the [absurd] position of the C of E bishops on same-sex relationships. But it is a NO – nothing significant to report.

     

    So – five and a half out of ten this year. Not as good as some years. A couple of near misses.

     

    ,

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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