What is in Kelvin's Head?

  • Another day, another new ministry now begins

    I was at the installation of a new rector at St John’s, Shaughnessy the other night. It was an extraordinary event – the arrival of a new priest to minister in a place which has been greatly fought over. It is one of the congregations where significant numbers of people left the Anglican Communion rather than remain in a diocese where there was the possibility of same-sex couples having their relationships blessed in some churches. There were subsequent legal cases over the property which I’ll never know enough about to understand in their entirety, suffice to say that the legal process determined that the property was held in trust by the diocese for Anglicans to minister and worship in this place. In other words, those leaving could not take the building with them.

    In this way, that church became a symbol of the inability of some Anglicans to contain their disagreements within the bonds of affection which had previously held them together.

    A page has now turned and a new ministry there has begun. People turned out the other night to pray for those engaged in building up the congregation again. The Diocese of New Westminster is moving on. These troubles have not been without great cost for all involved. Yet new beginnings are being made.

    I have to say that the liturgy of induction is considerably improved by timing the closing procession just at the moment when the garden sprinkler system turns on. The delighted squeals and giggles from the clergy as they were baptised with garden hoses should be part of every service marking a new ministry.

    I go to many installation and induction services. Very often they can seem very much alike. One becomes aware that our ability to chose hymnody for such occasions is limited by the paucity of the repertoire of many a congregation. However, I found myself hearing and singing the gradual hymn at St John’s Shaughnessy more prayerfully and attentively than usual.

    Be still, for the power of the Lord
    Is moving in this place.
    He comes to cleanse and heal
    To minister his grace.
    No work too hard for him.
    In faith receive from him.
    Be still for the power of the Lord
    Is moving in this place.

    And I say, Amen.

    , ,

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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