What is in Kelvin's Head?

  • On being bought and sold

    I happen to bank with Lloyds TSB and am just learning that the bank accounts that I hold with them are going to be transferred to the Co-operative when the various Lloyds TSB branches are sold, something that has just been announced this morning.

    I have to say I’m delighted. I’d rather bank with the Co-op – it fits in with my values much better than the banks I’m with. I joined the TSB when I was a student because it was at that stage thought to be a socially responsible institution (and in a rather more shallow way, because it had the prettiest branch interior in town).

    What I can’t work out is why I’ve not changed before now. It seems so much easier to be bought and sold than to walk into a branch and close one’s accounts. That makes no sense whatsoever.

    They say that people are more likely to change their religion, change their partner or change their political allegiance than to change their bank account. I know that I’ve been reluctant to shift, but can’t really work out why. That reluctance on the part of so many of us to shift banks must have contributed to the moral stagnation that is currently to be found in the UK banking system. If we were all a bit more active about it, things might be better.

    It is interesting to reflect that I’ve often been asked in church to buy fair trade bananas or such like but I struggle to remember much of a campaign to get me to change my bank. There have been consistent calls for ethical investment to be used by churches themselves and one of the struggles for congregations as well as national churches has been the lack of choice. There simply have not been very accessible branches of banks which seemed to offer more ethical alternatives.

    I hope that by the sale of the Lloyds-TSB banks to the Co, those choices will be increased and that there will be a competition not simply for our money but for our values and morals too.

    There is a campaign to get people to move their money. I feel a complete fraud in even linking to it having not movedmymoney.org at all. However, I’m glad to hear about the changes that are ahead and for once am happy to be bought and sold.

    What’s your excuse?

    , ,

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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