What is in Kelvin's Head?

  • New article in Herald

    There’s a new article in the Herald newspaper today reporting on yesterday’s sermon and service at St Mary’s. It is prominently placed, with a nice big pic of me in the pulpit on the front page. I’d probably have preferred a different headline (they are never written by the reporters themselves) but the article is a good report of the service here at St Mary’s yesterday. 

    You can find the article here:http://www.heraldscotland.com/mobile/news/home-news/gay-marriage-war-of-words-in-churches.18684223

    There’s some quoting from yesterday’s sermon

    I’m quoted as saying thus:

    “The thing I found amazing is how busy a church can be on a Sunday morning simply by saying that everybody is welcome. That’s a position that churches share across the city but somehow, by saying that this is a place where everybody is welcome, that is the message that will draw people in. Perhaps as churches we have forgotten how to say that.”

    Asked about the messages on same-sex marriage from the Catholic hierarchy, he said: “I think people get weary of hearing a negative message from church people. What they want to hear is positive – about changing the world for the better, about justice, about love.”

    And folk who were in the congregation are quoted thus:

    Jim Whannel and Colin Johnston, members of an Episcopal church in Paisley, said: “It’s a very sad day for Christianity because of what is happening in other churches.”

    A lesbian Christian couple, Ruth and Jaye Richards-Hill, also backed Mr Holdsworth’s open invitation. Mrs Richards-Hill said: “Somebody needs to stand up and create a balance in the opinion, and I think that worked.”

    “A spokesman for the [Roman] Catholic Church declined to respond to Mr Holdsworth’s latest comments.”

    ,

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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