• At Number 10

    There was something a little bit surreal about the party I went to last night.

    It was as though one was having a dream in which loads of great people were gathered in a beautiful garden. You started to recognise people from past struggles. Then all of a sudden someone stood on a small stage and gave a speech that would not have been at all out of place at a gay pride rally. But then you realise that the person rallying the troops for Equal Marriage is not one of the usual suspects, not a drag queen, not one of your regular gay activists but is actually the Prime Minister.

    I can honestly say that I was absolutely thrilled to have been invited to the PM’s reception to celebrate the LGBT Community. It was the most beautiful hot evening and the reception was outside in the Rose Garden at the back of Number 10. That meant going up to the famous front door (which opens for you from within) and then through the house, past some nice paintings, down the famous staircase with the portraits that presumably leads up to the formal rooms and then out through the back. There was wine and posh nibbles and people milling around on the lawn.

    The interesting thing was that at first one recognised just a few people. Then gradually you realised that you knew more people there than had first seemed apparent. For we were, without doubt the gay twitterati. Quite a lot of us had engaged with one another either personally or through campaigns that we had run online and it was a delight to meet people in person whom one had known or known about for years.

    I don’t know who had drawn up the guest list but they had certainly done their homework with the church. There were lots of dog-collars in evidence and lots for those of us there in that capacity to talk about. However it wasn’t all church shop talk. I also met people behind the online Equal Marriage campaign that has been running in England, the folk behind the out4marriage videos (who really seem know what they are up to), someone who does Schools Out and LGBT History month campaigning and of course some politicians and civil servants.

    I was very pleased to meet Lynne Featherstone who will be piloting the marriage legislation. She is clearly determined that this will happen within the life of the parliament. Her determination over this shone through but she also had time to be generous in praising people from other parties who are passionate too.

    And yes, I did get to meet the Prime Minister. It was a great chance to hear what he had to say. I was hugely impressed with his determination to see legislation enacted that will allow gay couples to wed. He was speaking more positively than I expected about religious same-sex weddings being made possible in England. He was also speaking very positively about his own experience of church and spoke very warmly about his vicar, Fr Gillean Craig. With some pride I was able to say that Fr Gillean had been my vicar when I lived in the East End.

    I took the chance to challenge David Cameron on the often repeated notion that we must allow churches to opt out denomination by denomination. My position is that this isn’t equality and it is equality we are after. It was good to get the chance to say to the PM that what was needed was legislation on the same basis as straight wedding law allowing all religious celebrants to marry anyone legally entitled to do so or not and leave the question of whether they marry certain categories of couples up to the discipline of the faith groups involved.

    I felt listened to and was 100% convinced that the political climate and culture in this country in relation to sexuality has changed utterly from what it was not so very long ago.

    Most interesting was hearing the Prime Minister say that he had something to say to the churches. He said that the Conservative Party had got it wrong on LGBT issues for many years and was now changing and getting it right. Furthermore there were now people who wanted to vote Tory who are LGBT folk and their friends. Previously they simply found themselves unable to vote Tory. Very gently, he said, very gently, he has something  to say to the churches – if you want people to engage with the message you have and come back to the church, you can make that happen by learning a lesson from the Tory party on changing attitudes to gay people.

    Then it was more socialising, more networking and trying to comprehend how far we have come and how much has changed.

    And the real social contact I was proudest of making? That would have to be the chance to make friends with Larry on the way out.

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!”

    1. kelvin Avatar

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

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