Showing posts with label Rights. Show all posts
Showing posts with label Rights. Show all posts

Wednesday, 6 January 2010

Another brick in the wall

Here is yet another truly sinister piece of proposed UK legislation and it goes to show that it is not just Labour who has little concern for citizens rights.

Tory Lord Moynihan has drawn up a draft Bill to give the police powers to search for performance enhancing drugs.

His ostensible reason, he claims, is to help prevent Olympic athletes cheating with performance enhancing drugs come the 2012 Olympics.

This sounds almost acceptable - if you are the sort of person who does not bother to to think to closely about these things.

The first thing to consider about any legislation is how it might go wrong because it has been poorly drafted.

It is unlikely the bill will be able to distinguish between ordinary citizens and athletes, let alone Olympians.

Also this relates not to so-called illegal drugs whatever you consider the merits or otherwise of prohibition. This relates to drugs which it may be perfectly legal to posess, may even be medically necessary for some conditions, but that also may enhance athletic performance.

My elderly mother is on steroids of some sort. She is therefore certainly in possession of what might be considered “performance enhancing drugs”.

The second thing is to ignore the claimed reason for it and consider what powers it will actually give to the state and it’s increasingly politicised police ‘service’.

You can be absolutely certain, whatever the ostensible reason for the additional powers, the police, or anyone else given them, will be using them to the fullest extent that is possible.

If you doubt this you only have to look at the lawful, but effectively misuse, of legislation that has resulted in the police harassing innocent photographers.

Or the violent ejection of an elderly Labour Party conference attendee from Conference when he made the mistake of criticising the Government.

Or the hundreds of incidences of local councils misusing anti terrorist legislation to spy on people’s refuse bin use, or where they live.

So what will this proposed piece of authoritarian legislation do? Apparently it will allow the police to raid a place of residence, for no better reason than to seize perfectly legal (if performance enhancing) drugs.

Another significant chunk of your and my right to live unmolested by an increasingly authoritarian state being gradually and stealthily stolen away while you don’t notice - and it is just too much bother to make a fuss over such a small thing.

Why this time? For the truly world shattering and absolute necessity to make it a little bit more difficult to cheat at sports. Even if it were instead supposed to save lives it might be a price too high to pay

You should be concerned. Don’t just sit there. Take 5 minutes to actually do something. Complain to your MP. It is easy and completely free, just go to the ‘They work for you’ site. Enter your post code plus a few details and the site will forward your note to your MP.

If you can’t think of how to put your objection then just paste this in:

Dear Sir/Madam/etc.,

I am writing to you as my MP, my representative in Parliament to make you aware of my strong objections to Lord Moynihan’s draft bill that proposes to give the police powers to search residences for, otherwise legal drugs, that enhance athletic performance in time for the 2012 London Olympics.

Even with safeguards this legislation poses a great risk to our rights and liberties. It is a case of the proverbial hammer being used to crack the nut. All in the name of sports.

Many people require these so-called “performance enhancing” drugs on a daily basis for their health. Such legislation could theoretically mean police would have the power to search the homes of many people who have nothing to do with the Olympics.

We have seen a number of recent instances where other supposedly laudable, but draconian, legislation has effectively been trivially misused in ways we were assured would never occur when the legislation was passed, take the matter of councils spying in on household refuse for but one instance. I am sure like the rest of us you must be well aware of others.

If these powers are granted they will inevitably be used and more.

Can you please advise me, in clear language, weather you intend to represent me, my views and oppose this legislation, or not.

Thank you for your time, I look forward to your reply.

yours faithfully

#your name here#

Wednesday, 15 October 2008

Another day, another New Labour Governemnt Database

The Nanny state, apparently deeply concerned that it is leaving us any privacy at all, is now turning it’s attention to the creation of a newsuper database to record when we make phone calls, or send emails and who to, oh and all the web sites we visit.

Of course this is purely ‘for our own good’, to protect us all from terrorism. That catchall ‘bogeyman’ excuse of the Authoritarian state, ‘protecting the citizen from the terrorist and criminal’. The same citizen that the State will not permit to defend themselves against criminals with the frequently used threat of prosecution hanging over them if they do.

A Home Office spokesman disingenuously attempted to claim that: "Changes to the way we communicate, due particularly to the internet revolution, will increasingly undermine our current capabilities to obtain communications data - essential for counter-terrorism and the investigation of crime - and use it to protect the public.

Now as far as I know it is still possible for the authorities to tap phone conversations and intercept post, within the law. They do not currently have a database of all letters sent and to whom as far as I am aware. Nor have they ever had one.

So when the spokes person claimed:"Losing the ability to use this data would have very serious consequences for law enforcement and intelligence gathering in the UK." it did not follow logically at all.

The simple fact is that the state already has access to this and more, such as emails and web useage if they suspect someone. It is going too far to monitor us all.
And we all know the State can be trusted to look after this information and not loose it on a bus, or sell it, or something.

And we all know just how much the promise of the State is worth when they say they will only use legislation only for the purpose it was framed.

...Or maybe we could ask Islandic banks about how anti terrorism legislation was recently limbered up ready to be used to freeze Islandic funds in the UK. Or how other legislation was used to silence and eject hecklers from a Labour party conference.

Thursday, 19 June 2008

New-Labour and the Westminster mindset vs Liberty and David Davis

Recently I posted on David Davis’ resignation over the 42 day issue, the erosion of traditional British liberties and civil rights in general.

I asked the question was it him or Westminster that was out of step with the country. The consensus was Westminster was ‘bog chaining’ on parade - well out of step.

Well he has set up a website here. More power to his elbow. Worth a visit.

Wednesday, 11 June 2008

Is it the gullible favour 42 day detention?

Democracy is all very well. But it depends to some extent on the education and intelligence of the voters for it’s success. Their enlightened self interest. How deep and well they see.

We are all capable of deciding, at a basic level, if something is good or bad for us and for society.

The problem comes much more to the fore with the more complicated stuff, the deeper things.

A classic example is New–Labour's current desire to set a precedent of locking people up for 42 days. It seems that YouGov survey found that a massive 69% of the public support Gordon Brown in this, despite doubts expressed by senior police officers and many others who should know.

One can only assume that these people who support him have been gulled by the false claims of New-Labour that they can actually provide security - if only this is agreed, if only they can have more power. Until of course it proves not to provide absolute security after all, then they will want to raise it again… because things are complicated…

Also those deluded soles who support it probably think it will never be used on them, being law abiding citizens. That it is only intended to be used on foreign terrorists anyway isn’t it?

I have news for them. If a law exists, it will, sooner or later, be used. Once the precedent is set for one person to be treated in this way it opens the door for all of us to be treated that way.

Don’t forget the huge volume of ill thought out legislation New-Labour have saddled us all with since they came to power.

If you know it, or not, it is now much harder to technically speaking be a law abiding citizen than it once was, before they came to power - and often you need to prove you are innocent now, rather than they need to prove your guilt.

New-Labour used anti terror legislation to keep out an ejected party member in his 80s heckling senior party members from their own conference. It was never intended to be used in this way – but it was used that way all the same.

An excellent example of the problem of an ill informed electorate is the sort of government that they actually elect in places like Iran.

So people. Wake up and smell that coffee - or by the time they come for you too, who will be left to speak up in your defence? The price of freedom is to brief yourselves and to actually PAY ATTENTION!!

Wednesday, 2 April 2008

Amnesty say Olympics are actually making things worse in China

One hears much guff that engaging the Chinese Government over the Olympic Games. There has been much talk about the possibility that the presence of western media (around 20,000 reporters) might help improve China’s human rights record.

It was not a good sign when British authorities, apparently colluding with Chinese oppression, decided to force UK athletes to sign a gag order, preventing them criticising the Chinese government, before they will allow them to attend the games. Why they felt it necessary to do this when other countries did not remains open to question.

Now it seems this may not necessarily result in an improvement after all. According to Amnesty International it is in fact making things worse.

Clearly the Chinese authorities see the prospect of any dissent as an embarrassment and are ruthlessly pre-emptively suppressing anything, or any one, that has the potential to flair up in front of the western media before they get there in numbers.

One only has to look at how they ejected reporters from Tibet and manipulated reports and figures. down playing the number of Tibetans killed by a factor of 10 or more. Or the vast numbers of troops they have sent into the country to suppress the native population.

Friday, 22 February 2008

New Labour Back bencher threat to agency staff

One wonders if the MP for Ellesmere Port and Neston, New Labour's Andrew Miller, is actually intent on damaging the UK economy, or if it is only a side effect of his attempt to grab more influence for the unions.

Supported (of course) by the trade unions he has tabled a private members bill to force the same rights/benefits as full time employees receive on agency staff, such a sick pay.

The union said there should be a "level playing field" with permanently employed people.

I have often heard full time employees express slightly jealous amazement when they find out what agency staff are paid by comparison.

The fact is that agency staff usually get a higher pay scale than permanent staff. This generally makes up at least the financial difference for sick pay and annual leave, etc. that they don’t get.

They usually also get a premium to make up for the lack of job security, as they generally fill posts where full time employees are off long term sick, having children, or the post is unable to be filled. They are also used when capacity suddenly and temporarily needs to be expanded for a project.

These people tend to be independent and avoid union membership. They also tend to take far less sick leave; so can spend that portion of their wage as they choose.

If they had the same rights and conditions as full time employees they would no longer be competitive, or of any use to an employer, in the capacity they are generally used in. It would not be economical to pay them the same rates as they get now.

If these rights were introduced then this sector would become much less competitive and be markedly reduced. The knock on is that all the businesses that make use of them to fill in would be less efficient and less cost effective.

This would in turn force them to look for redundancies more often and make full time employees positions a little less secure. It would of course strengthen the union’s position.

Thursday, 14 February 2008

Something you should be worried about

Someone with an over active imagination managed to mistake the MP3 player a man on his way home from work was listening to for a gun. They reported it to the police.

We all know that tinny buzzing can be annoying ;-) and it must have been playing at least loudly enough to drown out police shouting at him , as proved to be the case.

It is fortunate whoever it was doesn’t regularly use the tube, or there would be armed police running round in droves all over the place.

The police did what they are supposed to, given the circumstances (Hurrah!), fortunately they were not quite so ‘enthusiastic’ as those who dealt with poor Jean Charles de Menezes and the music lover survived the experience.

The poor guy only realised something was up when passers by and traffic reacted weirdly staring at him. He took out the earpieces and realised he had lots of policemen behind him pointing guns at him and shouting not to move. Fortunately for him he didn’t try to change tracks before he realised…

On discovering he was armed with nothing more deadly than music they still – get this – arrested him and carted him off in hand cuffs anyway.

Now in days of yore, say 30 years ago, even 15 years ago, they would have thought twice about that. But that was before New Labour - and here it all starts to become an example of a dawning fascist state at work.

They could have verified who he was and all this could have been done on the street where they stopped him, or in a police car. At worse he could have ‘assisted them with their enquiries’ at the station and sorted the matter out easily there.

Here is the bit you should really be concerned about though. By now they must have known pretty well the guy was guilty of nothing more than going home from work on the bus, speaking to the witness should have easily confirmed this.

What happened to the discretion that British police officers used to be so famous for using. All gone now under a flurry of ‘Policies’ and ‘Targets’ and ‘Initiatives’. Stuff just serving the public, serve the State. I bet it showed up as at least one extra detection, probably several.

No they had to arrest him, like a clueless call centre operator running through their script - and worst still they took his DNA and fingerprints – and the State will keep them.

Tuesday, 29 January 2008

Is anyone listening to us?

Have you ever heard of the Regulation of Investigatory Powers Act 2000? Have you any idea what it actually results in - in practice?

It means that in the UK A total of 653 state bodies have the power to intercept private communications – private communications including your’s.

This includes 474 Councils who only require a senior council officer to authorise the surveillance.

Many might regard this as sinister enough - and largely unnecessary given that wiretap evidence is not actually admissible in court.

The problem is these wanna-be big brothers are often unaccountable civil servants, absolutely renowned for their ability and competence ;-) You - know, the sort Government Ministers like to use as scapegoats.

In a nine month period, the Communications Commissioner, has found that 122 local authorities sought to obtain people's private communications, in more than 1,600 cases.

Scarily and possibly predictably, it turns out over 1,000 of all the bugging operations measured in that same period were flawed. Including instances where the phones of innocent people who had nothing to do with them were tapped by mistake.

So next time you pick up the phone keep in mind - If you phone someone who works in the same building as a suspected fly tipper then you may be being bugged by a council clerk. Even if you are just phoning a friend you may be being bugged, by mistake, by a council clerk.

Careful what you say…

Monday, 21 January 2008

New Labour want to impose random breath tests

It seems New Labour now want to give the police powers to be able to breath test drivers on a whim and institute mass roadside checkpoints.

They appear to base this on their normal inability to understand the implications of their own skewed statistics combined with their tendency towards an authoritarian solution to anything they perceive as a ‘problem’.

It seems they are attempting to justify this with their Christmas Drink driving states. They show that the number of drink drivers stopped dropped despite a recorded increase in the number of tests (that police are measured on).

During the 1980s the number of people killed and seriously injured in drink-drive collisions in Great Britain fell from over 9000 (1,450 deaths, 7,970 serious injuries) to just less than 5,000 (760 deaths, 4,090 serious injuries).

Over the last decade or so, figures have fluctuated year on year, but overall there has been no particular trend up or down.

It is questionable if even massively increasing the number of breath tests will make a significant difference.

If the government actually wanted to reduce drink driving, as opposed to extending it's grip on the citizen, it might be better advised to reprise the hard hitting anti drink drive campaigns of the 80s and early 90s and helped make drink driving unacceptable. But this time include drugs in the message. From the figures it appears that actually worked quite effectively.

Our current system seems to have served us well over the decades, but New Labour never heard of leaving anything that works alone - and by their actions one could be forgiven for assuming they are embarked of a long term plan to undermine public trust in the police in an attempt to turn them into an occup

Tuesday, 1 January 2008

Democracy – Is it always necessarily a good thing?

All my life it had been one on my underlying and - unquestioned assumptions that it is. So much so that I didn’t realise it was, or question it in any way.

But is it really? There is much talk of the will of the people and the wisdom of crowds, but is this always a good thing, does it always produce a positive result.

Democracy depends on a rational, sensible, responsible and interested and reasonably educated electorate. It further requires that they actually pay attention to what they are voting for and deciding upon.

That they consider what it might be like to be actually subject themselves to the policies, laws and rule by the politicians they are keen on.

What it might be like if they were not in charge, but on the receiving end.

That they actually think through the likely consequences of policies and dogma to their logical conclusions and not simply rely on simpleminded wrote. Parliament please take note of the last.

Democratic processes don’t always produce desirable results. Hitler rose to power through the democratic process, as did the President of Iran, Mahmoud Ahmadinejad and the president of Zimbabwe, Robert Mugabe. Surely no voter in their right mind would want such to rule over them?

Democracy isn’t necessarily guaranteed to provide, or protect the rights, liberty, safety and the wellbeing of the citizen - We assume it is so, but it is not necessarily so.

A case in point is Pakistan. What will the democratic process, if it is allowed to continue, throw up there? Many of the elements that have so destabilised Iran are present to some extent there.

It is not simply a matter of academic interest, or even one of humanitarian interest. Pakistan possesses atomic weaponry. If it Pakistan becomes a detsabilised failed state then that is likely to fall into the hands of Islamicist terrorists. There are elements there who would like nothing better.

Are democracy and the universal suffrage that the West have placed such blind faith in promoting there sure to produce a positive result? Or is it possible Pervez Musharraf may be a better protector of the rights and the liberty of the Pakistani citizen than he is given credit for.

I am not willing to abandon democracy, but realistically - it seems that sometimes turkeys will vote for Christmas after all…

Thursday, 22 November 2007

Animal rights activists forced to hand over computer passwords

Now I don’t normally have much time for animal rights activists. Many of them seem to be more like people haters, than animal lovers.

However Tom Pain’s quote serendipitously posted yesterday eloquently points out why I and everybody else, should be concerned about their rights.

Earlier this month, some 30 animal rights activists are reported to have received letters from the Crown Prosecution Service (CPS) in Hampshire requesting they hand over the passwords to decrypt data on seized computers under the Regulation of Investigatory Powers Act 2000 (RIPA).

The PCs were seized in raids carried out in May 2007. Section 49, covering demanding keys only came into law on 1 October 2007, so presumably the authorities held onto the machines until they could use the Act and didn’t expect the activists would garner much sympathy in any case.

This Act effectively removes the right of silence from anyone who has something intensely private, or incriminating in any way on their computer, even if it is nothing to do with what is being investigated. It effectively forces a person to incriminate themselves and lays them open to a ‘fishing expedition’ on pain of two years imprisonment.

Another possibly even more disturbing part of the Act is section 54, a gagging order preventing the recipient telling anyone about the demand, thus presumably preventing them from making a fuss about it.

Putting recipients of the order in a similar position families who have had their children taken by social services who are gagged from defending themselves or complaining.

Not only that, it prevents anyone else, who subsequently may become aware of it telling anyone. In this case no such order was made, but if it had been it would presumably be an offence for the BBC to report on it or indeed for me to post on it.

The state will argue that they need these draconian powers to protect us from Terrorists, Paedophiles and Serious Crime. Is it really worth paying the price of seeing our freedom and rights eroded away by the state, piece by piece, to gain a marginal and possibly illusory increase in physical security?

Folks it’s not just the Terrorists, etc. you need to be afraid of…

Saturday, 17 November 2007

Saudi rape victim gets 200 lashes and six months


While the great and the good were busy sucking up to the Saudi King Abdullah on his recent State Visit, no doubt salivating at the prospect of more arms sales to the regime, one wonders if they gave much if any thought to this:

A 19 year old Shia girl went to meet her former boyfriend to get any pictures he had of her, as she was due to marry someone else. (Note at this point that the Shia are a minority in Saudi Arabia.)

They were discussing the matter in a car when seven Sunni men kidnapped them both and gang raped them both - Her 14 times!

Naturally enough they complained to the authorities – big, big, mistake.

They were both tried under Sharia law for being unchaperoned and sentenced to 90 lashes.

She made the even bigger mistake of appealing - so the court upped her sentence to 200 lashes and sixty days behind bars.

Their lawyer, Abdul-Rahman al-Lahem, is facing disciplinary action. His comment:

“My client is the victim of this abhorrent crime. I believe her sentence contravenes the Islamic Sharia law and violates the pertinent international conventions,"

"The judicial bodies should have dealt with this girl as the victim rather than the culprit.

"The court blamed the girl for being alone with unrelated men, but it should have taken the humane view that it cannot be considered her fault."


There is something deeply repulsive about a system that will do this and feel it justified.

Maybe a word in the right ear during that visit could have made this appalling miscarriage of justice go away - like the suggestion of anything untoward concerning certain commercial arrangements with the regime did - when they felt it might be ‘appropriate’.

Thursday, 9 August 2007

Homeowner arrested after burglar falls to his death

A 56 year old homeowner in Manchester woke up to find a 43 year old intruder in his 4th floor flat, after some sort of confrontation the intruder fell 40 feet from a window. He suffered severe head injuries and later died in hospital. An occupational hazard you might be forgiven for thinking.

Needless to say the police arrested the householder and have now released him on bail, no doubt after fingerprinting him and taking a DNA sample. He could now face questioning on suspicion of murder.

The CPS (Criminal Protection Service Crown Prosecution Service) and ACPO (the Association of Chief Police Officers) have said that any householder can use reasonable force to protect themselves or others, or to carry out an arrest or to prevent crime.

Why was it necessary to arrest the householder? The police could hardly claim they didn’t know where he lived and one would have thought the aggrieved householder would have been willing enough to make a statement, or they would have within most people’s memory…

It used to be that the police had some care about arresting apparently law abiding citizens attempting to thwart a crime.

It used to be that the police made some attempt to catch burglars and prevent burglaries themselves. Sadly, since they have had to jump through hoops to meet ridiculous ill conceived state targets and political initiatives, it begins to seem as if they find it so much easier to find reasons to arrest the non criminal ‘community’ and improve Nu-Lab’s dubious crime statistics and inflate the DNA database.

A local voiced what many people will be wondering:

"If the guy who fell out of the window was breaking into the property then why was the homeowner arrested?"

Why indeed…

Thursday, 26 July 2007

Government advisors say cohabitees should get same rights as married couples

Couples who live together should have the same property rights as married couples if they separate according to advice drawn up by Exeter University academics for the UK Ministry of Justice.

Doesn’t that sound grand (in a deep resonant voice) “Ministry of Justice”… It conjures up images of steely eyed agents bringing UK crime to it’s collective knees doesn’t it?

Back on topic - It seems the Law Commission may be coming up with something similar. The only trouble is the recommendations don’t seem to consider how long a couple must cohabit before the rights apply…

Firstly, if a cohabiting couple want the same rights as a married couple then they can get them right now, just by getting married. One of it’s main social functions for millennia has been to regulate property rights.

Secondly, if the 'marriage thing' does not float your boat, a couple could always enter into a legal contract, again something they could do right now. If the Government cared to they could arrange for a simple contractual registration scheme as an alternative to state marriages that could be treated the same as marriage legally.

If the Government really feels the need to interfere in peoples private relationships, that have nothing to do with Government, then most people would probably feel at least two years cohabitation would be a reasonable period before any such ‘rights’ kicked in.

Otherwise you could end up with someone staying for a few weeks at someone else’s flat and then claiming half the owner’s worldly goods.

Better still, if the Government just practiced the art of making a little less legislation - rather than continually trying to come up with a law for every possible combination of circumstances.

To paraphrase the saying - Make love, not legislation Gordon…

Tuesday, 3 July 2007

Psst! Don’t mention the treaty to the Brits

How do these people ever expect anyone to actually believe their word? Just like Blair - Brown is insisting Britain's negotiating ‘red lines’ were not crossed at last month's summit, so that no referendum is needed. This despite the fact that Nu-Lab promised in it’s 2005 election manifesto that it would hold a referendum on the constitution.

Whatever else Mr Brown may be he is an intelligent man - and is fully aware that this treaty is the rejected constitution in a rather thin disguise. Yet with no apparent sense of shame, or embarrassment, he makes the barefaced claim that no referendum is needed.

But in fact the new European Union ‘Constitutional’ treaty will mean "transfers of sovereignty" from Britain and Gordon Brown is
absolutely right to conceal it from the UK electorate according to Jean-Claude Juncker, Luxembourg's premier He said, speaking to Le Soir, a Belgium Newspaper:

"one can always explain that what is in the interest of Europe is in the interests of our countries,"

"Britain is different. Of course there will be transfers of sovereignty. But would I be intelligent to draw the attention of public opinion to this fact?"

"There is a single legal personality for the EU, the primacy of European law, a new architecture for foreign and security policy, there is an enormous extension in the fields of the EU's powers, there is Charter of Fundamental Rights,"


These are all core elements of the Rejected Constitution.

You have to ask yourself - Why is it that the European elite are always so keen that what they are doing should be concealed from the UK electorate? Also why are our supposed representatives apparently willing to oblige them it this.

Lord Leach of Fairford, speaking to The Daily Telegraph said:

"Gordon Brown should think twice before going back on his party's manifesto pledge to hold a referendum on a treaty that is the EU constitution in all but name.”

"If he is serious about wanting to 'listen and learn' he should let the people have a say."


An ICM/Open Europe poll recently found that 86 per cent of voters want a referendum on the treaty and if Mr Brown refuses one it could damage his electoral chances.

Monday, 2 July 2007

Babies taken into care more than double since adoption targets set

The UK Government's obsession with targets seems to have allowed the law of unintended consequences lead to a sinister development.

Nu-Lab set targets to be achieved for adoptions in 2000. No doubt in the laudable hope of reducing the number of orphans in state care. Queue music and Pause for rosy picture of a young child opening Christmas presents round a tree with their loving new family.

What happened instead? Well problem teenagers are not all that an attractive prospect for adoption, especially after they have been in the hands of the authorities for a while. Cute Babies on the other hand…

It’s a bit like rescue animals. No so many are willing to take on an infirm old moggy who needs medical attention and pukes up on the carpet at random every now and then, but a cute kitten on the other hand, much easier to find a home for.

Now if you are crudely setting targets like the number of adoptions no bureaucratic mind is going to bother about the profile of the adoptions.

Once you start to measure one particular facet of something everything that is not measured no longer particularly counts and is often then, either ignored, or bent to improve what is measured.

Babies are easier to find homes for, the younger the better. They are what boost the figures and presumably helps performance related civil servant pay – so if you had more of them to shift, then the figures would look even better…

After targets were set in 2000 the figures for very young children being adopted really took off.

By a staggering coincidence, according to figures obtained the Telegraph the total number of children aged under a year taken into council care in England, before being adopted has also rose, by a similar ratio, from 970 in 1996 to 2,120 last year.

These decisions are made in secret closed courts. A mother whose child is taken from her actually commits an offence if she tells anyone outside a tiny, approved list of people. Under the current law, reporters and members of the public are not allowed to attend family court hearings, verify documentary evidence, review evidence or even obtain copies of judgments.

John Hemming, the Liberal Democrat MP for Birmingham Yardley, who wants more openness in family courts, said of the latest adoption figures: "We are seeing a massive growth in the forced removal of newborns from their natural parents. Babies are being taken into care merely to satisfy government adoption targets."

A solicitor, Sarah Harman, who has specialised in family law for nearly 30 years said: "Social services are the only department other than MI5 who undertake their work in complete secrecy. It's not the welfare of the child that is being protected, it is the welfare of social workers. This cannot be justified.

If this is true, as it appears, it is bureaucratic and faceless, but never-the-less actual evil. No individual will ever take responsibility for it, or is ever likely to face anything, other than reward for it.

The Government should address it immediately, seeing as they have inadvertently created the conditions that caused it - and do not appear to have properly monitored the actual outcomes of the changes they introduced.

Official self congratulation at English smoking ban

Don’t tell a small lie, no one will believe you – but tell a big one…

Trade union leaders have applauded the smoking ban in England as a step forward for workplace safety - describing passive smoking as the "third biggest cause of deaths at work".

This is absolute patent drivel. How many work places actually allowed smoking anywhere, other than in very limited smoking rooms? As we can all attest not many.

Most employers effectively banned smoking on various grounds such as fire safety years ago. It has been banned for years on public transport and in most offices. I don’t know of any factories where it is allowed.

So, even if we accept the ever inflating claims of the passive smoking brigade, this ban will have virtually zero impact in reducing so-called passive smoking, except in environments where smoking was still actually allowed like pubs and clubs.

These days? ‘Third biggest cause of deaths at work’? Indeed...

Alan Johnson the UK Health Secretary lauded the smoking ban in England as the: "single most important public health legislation for a generation". Suggesting the ban on smoking in enclosed public places, would improve the health of hundreds of thousands of people.

It is only likely to really improve the health of ‘hundreds of thousands of people” if it makes smoking so much bother that hundreds of thousands of people were to give up smoking as a result of the ban.

He might have done better, with out setting a dubious authoritarian precedent, by offering a substantial cash bounty, as a one off, to those who gave up smoking for over a year. To be paid back with interest if they took it up again.

Anti smoking figs for death by passive smoking in the UK vary between 1,000 and 4,500 pa. Given the amount of pollutants around how can they tell with any certainty if these are due to cigarette smoke, exhaust fumes, or in the case of older people all the muck from coal fires and smog?

Friday, 29 June 2007

It would seem you do not have the right to remain silent

You know you always thought that you couldn’t be forced to incriminate yourself under English law – Well maybe you used to be right, but not any more... 'Cos that was then and this is now - Be afraid. Be very afraid.

Two anti speed camera campaigners, Idris Francis and Gerard O'Halloran, argued that the centuries-old right to silence should allow drivers to refuse to confirm to police who was at the wheel, as they would be being forced incriminating themselves.

They trustingly took their case to the European Court for Human Rights...

Unfortunately for them - and more worryingly, the rest of us - Judges at the European Court of Human Rights in Strasbourg voted by 15-2 to reject their case.

The court said: "The court did not accept the applicants' argument that the right to remain silent and the right not to incriminate oneself were absolute rights,"

Mr Francis said "In my view it is a perverse decision" "I am shocked and amazed."

"The fight for freedom goes on. We can't allow the tyrants, who are taking away our rights, to succeed. They have to be stopped."


Now if, as the court says, they are not rights in this case - will it be any different for other offences?

So maybe the pair should now sue the government under the Trade Descriptions Act. The police and Criminal Evidence Act lays down the following modern interpretation of the ‘right to silence’ also known as the "caution":

"You do not have to say anything but it may harm your defence if you do not mention now something you later rely on in court, Anything you do say may be given in evidence."

This is obviously now complete rubbish. It should read something more like:

”You do not have the right to silence and failing to disclose anything we want to know could result in your receiving a harsher sentence - if we can manage to find a jail cell for you.”

Probably wouldn’t work though, the court would probably argue it was naive to the point of idiocy to believe anything a politician promised you.

Now for the moment we shan’t even start to look at the erosion of the principal of ‘innocent until proven guilty’ lurking in the law relating to UK road tax brought in by Nu-Lab…