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Tuesday, November 10, 2009

MSPs concerned over women in jail

MSPs concerned over women in jail

The treatment of women with mental health problems by the justice system needs to be looked into by the Scottish government, MSPs have said.

Brown and Straw have the piss taken out of them...

Brown and Straw have the piss taken out of them...



And, are we supposed to take this joker Jack Straw seriously?

The enemy within

The enemy within



The Independent reports:

Ministers cancel 'Big Brother' database

Plan to store details of every phone call and email 'kicked into long grass' after furore


The Telegraph reports:

State to 'spy' on every phone call, email and web search

Every phone call, text message, email and website visit made by private citizens is to be stored for a year and will be available for monitoring by government bodies.


The headlines appear to be telling different stories, however, they merge in the stories when it comes to a delay in legislating to bring in this Big Brother power.

I thought that the public is the master and the government the servant? Here we have the servant's desire to spy on the master, and the so-called justification is weaker than a wet teabag. Moreover, to protect the public the government is intent on stripping away any right to privacy. This is clearly a violation. To add insult to injury, the government intends taxing the public to the tune of £2billion which it will pay to the private sector to spy on the public.

Oops...how The Telegraph got it wrong

Monday, November 09, 2009

It's grim up North

It's grim up North

Yesterday morning I woke up with a cold. I spent part of the afternoon in bed. I must have been bad because I even watched the James Bond film Octopussy on ITV. In the evening I had a couple of medicinal whiskys, and watched Die Hard 4.0 on Ch4. This morning I had a Lemsip, and a hot bowl of porridge. Feeling a bit fragile. However, I am hoping it will have cleared up by Wednesday when I am heading down to London for the Inside Time book launch of Inside Information the comprehensive guide to prisons and prison related services.

Princess Eugenie complains to police she is not being stalked

Princess Eugenie complains to police she is not being stalked



I am against minor royals costing the taxpayers a lot of money for royal protection officers. Having said that, it is being reported Princess Eugenie loses Royal Protection security guards during night out in Newcastle. She lost them? I would have thought it was their jobs to offer close protection? Off with their heads! So, she gives them her route and still they cannot find her. But, why were they so distant in the first place? This would indicate she does not need bodyguards.

Pull the other one...

Pull the other one...



The alien tax dodger Michael Ashcroft, is now, according to Willie 14 pints, residing in this country and paying tax.

Alan Johnson: Is he schizophrenic?

Alan Johnson: Is he schizophrenic?



Last week Professor David Nutt was asked to resign by Alan Johnson after his claims that ecstasy and LSD were less dangerous than alcohol. In other words, Johnson was stifling debate.

This week, Alan Johnson, the Home Secretary, has admitted that Labour played into the hands of the British National Party (BNP) by refusing to debate the effects of immigration.

Sunday, November 08, 2009

Poppy field

Poppy field



Hat-Tip for the photo to Bob Piper

Animal pictures of the week: 6 November 2009

Animal pictures of the week: 6 November 2009


This big cat earned the nickname Mick Jaguar after his 15-inch tongue was compared to the rock band's iconic lips-and-tongue logo. Rolling Stones fan Ruth Savitz snapped this impressive picture at Philadelphia Zoo in Pennsylvania. Picture: SOLENT NEWS AND PICTURES

Hua Hua, an 18-month-old female Dalmatian, feeds her 12 newborn babies in Chengbei market, Foshan, in South China's Guangdong province. Picture: BARCROFT MEDIA

A baby boom for Meekat parents Anne and Arthur who arrived at the Yorkshire Wildlife Park in April and gave birth to three babies in July only to provide two new borns a couple of weeks ago. Picture: ROSS PARRY

Willy the polar bear rolls around in five thousand pounds of ice cubes that were delivered to his enclosure at the North Carolina Zoo Picture: VALERIE ABBOTT / SOLENT

James Lee was working from home in Montreal, Canada, when he noticed a nosy squirrel at the window peering in at pet cat Catamanga. Picture: JAMES LEE / REX FEATURES

Three new born brown bears enjoy an outing in the sunshine in the Attica Zoological Park, on the outskirts of Athens, Greece. Picture: EPA

Ghosting: prisoner removal before inspections spreads to Brixton

Ghosting: prisoner removal before inspections spreads to Brixton

The moving of problem prisoners ahead of security audits has happened at a third London jail



Dangerous prisoners were removed from one of Britain's biggest jails just before an internal security audit, raising fears that the practice of "ghosting" inmates around the prison system may be more widespread than was acknowledged.

A Prison Service investigation is examining how difficult prisoners were transferred between London's Wandsworth and Pentonville jails so that they could be kept out of the sight of inspectors, a practice revealed in the Observer on 18 October. Now the probation union, Napo, says a separate inquiry has found that about half a dozen prisoners were moved from Brixton prison in south London earlier this year, just before it was subjected to an internal security audit by the Prison Service. The men were either category A – the most dangerous type of prisoner – or category E – judged to be the most likely to attempt to escape.

Security audits give prisons a mark out of 100 which affects how they are rated overall by the Prison Service. Reducing the number of category A or E prisoners would potentially boost the chances of the prison receiving a higher security audit score.


It seems crazy to me to have a system of grades which is simply abused to produce a false reading. This is like a student cheating in an exam.

Home Office covered up immigration risk

Home Office covered up immigration risk



Labour's “open door” immigration policy knowingly risked allowing dangerous people to settle in Britain unchecked, according to documents seen by The Sunday Times.

The Whitehall correspondence, which was illegally withheld by the Home Office for four years, shows how ministers were told by the country’s most senior immigration official that his staff were to be “encouraged to take risks” when granting visas, work permits and extended residency to hundreds of thousands of new migrants.

The cover-up of this policy of risk-taking was so concerted that Richard Thomas, the then information commissioner, sent a team of investigators into the Home Office to trawl all the relevant papers. Earlier this year he rebuked the department for breaking the law and ordered it to release the material under the freedom of information (FoI) law.

The documents help to explain the huge rise in the flow of migrants into Britain as the Home Office rushed to clear a backlog of 45,000 cases.

Officials agreed to fast-track 337,000 applications with minimal checks. This led to a rapid rise in immigration. In 1999, 170,000 visas were granted; by 2002, this had risen to 300,000.

As officials were being ordered to take risks, several potentially dangerous people entered the UK. In late 2001, more than 20 Taliban, who had fled from Afghanistan after their defeat by American and British forces, were allowed to stay in the UK.


This smoking gun has the potential of making Big Bertha seem like a pea shooter!

Saturday, November 07, 2009

Are the EU monitors blind or being hoodwinked by the UK?

Are the EU monitors blind or being hoodwinked by the UK?

In relation to the politics and government of the European Union, especially in relation to the Copenhagen criteria, using the Prisoners Votes Case as an example, it appears to me that the UK is falling short on the obligations and intent of the EU, which calls into question our legitimacy to be a member state within the EU.

"Membership requires that candidate country has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and, protection of minorities, the existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the Union. Membership presupposes the candidate's ability to take on the obligations of membership including adherence to the aims of political, economic and monetary union".

"When agreed in 1993, there was no mechanism for ensuring that any country which was already an EU member state was in compliance with these criteria". It is claimed that the subsequent monitoring arrangements now police compliance. However, either the monitors are blind or they are being hoodwinked by the UK.

The Prisoners Votes Case is evidence that the UK fails to meet these criteria "democracy, the rule of law, human rights and respect for and, protection of minorities".

MPs' expenses: 'members should be paid £100,000'

MPs' expenses: 'members should be paid £100,000'

MPs’ call for a large pay rise have been backed by a former head of the body that used to advise on parliamentary salaries.


I am against the idea of giving MPs such a pay rise which would mean that they received 4 times the national average wage. It reeks of "give us more money and we will not steal out of the public purse".

This can be equated with offering criminals bribes not to steal.

Cameron is raising great expectations that may lead to a very bleak House

Cameron is raising great expectations that may lead to a very bleak House

Inside Politics: Mr Cameron said he would not let matters rest if the Lisbon Treaty became law, he is doing just that

By Andrew Grice

On the eve of Guy Fawkes Day, David Cameron produced a typically impressive firework display as he explained his new policy on Europe at a press conference.

When he performed the same show for Tory MPs earlier, even hardened Eurosceptics were dazzled by his promises to repatriate powers from Brussels if he becomes prime minister, ensure that British courts are not overriden by the European Court of Justice (ECJ) and call a referendum before any future treaty transfers powers to the EU. It seemed fair compensation for his inevitable retreat from a referendum on the now-ratified Lisbon Treaty.

Four days on, many sceptics fear the new policy is a damp squib. Although some European politicians reacted with horror to the demands a Cameron government would make, they also made clear it would have little chance of success. Britain's EU partners should be celebrating, not moaning. The Tory leader's most important statements were that his government would have far more important things than Europe to worry about – the economy, stupid – and that he did not want a "massive Euro-bust-up".

Parents of two murdered French students begin claim for negligence

Parents of two murdered French students begin claim for negligence



The parents of two French students murdered by an offender under probation supervision began a claim yesterday for “substantial damages” against the police and Ministry of Justice.

The families are seeking compensation over systematic failures and negligence in the justice system that contributed to the deaths of their sons, Laurent Bonomo and Gabriel Ferez.

The men were tied up in their flat in New Cross, southeast London, tortured and stabbed 244 times in what prosecutors said was an “orgy of blood-letting”. Their bodies were found after an explosion sparked by the murderers set fire to the premises.

Dano Sonnex, 23, from Peckham, southeast London, and Nigel Farmer, 34, of no fixed address, were jailed for life earlier this year for the murders.


It's a difficult one to call this. It might set a dangerous precedent.

Friday, November 06, 2009

Expenses inquiry clears Tory Duncan

Expenses inquiry clears Tory Duncan



Shadow prisons minister Alan Duncan has been cleared of wrongly claiming tens of thousands of pounds in mortgage interest payments on his second home.

The Commons Standards and Privileges Committee said there was nothing in the Tory MP's mortgage arrangements that breached Commons rules.

Mr Duncan referred the case to Parliamentary Commissioner for Standards John Lyon himself after it was reported he had claimed the mortgage on his designated second home, even though he had owned it outright for more than a decade.

In his report to the committee, Mr Lyon said that it was "entirely reasonable" of Mr Duncan to have taken out a £271,000 mortgage secured on his London home - which he had owned outright since 1991 - so that he could buy a property in his Rutland and Melton constituency.

The commissioner said it was equally reasonable for him to claim the interest on the mortgage as it had been taken out solely for the purpose of purchasing the property in Rutland.

"The arrangement was relatively simple in that there was no other mortgage on the London home," he said.

"His mortgage interest costs were necessarily incurred to enable him to have a second home based in his constituency in order to fulfil his parliamentary duties."

Comment: It beggars belief that there is nothing wrong with claiming expenses for 10 years on a mortgage that does not exist, on the ground that the money was used to buy a second home. Many people are struggling to buy one home let alone two!

Australian Weather Calendar 2010

Australian Weather Calendar 2010


Rain falls at sunset on Paroo Station, Meekatharra, Western Australia, 1 April 2007, 6.15pm Louise Ford is a keen photographer and pastoralist on Paroo Station, near Meekatharra, central Western Australia, where she and husband Jim run 1000 cattle on 200,000 hectares. The thunderstorm that contributed useful rain to their property in April 2007 — “we usually need a good, soaking rain,” she says — excited Louise. She rushed to the back of the homestead and photographed the storm as the sun set
Picture: LOUISE FORD

Lightning over Moana Beach, south of Adelaide, 6 December 2005, 1.14am
John McDermott, an opal miner, artist and keen photographer, was caught between the devil and the deep blue sea. In December 2005, in the middle of the night, John was standing knee-deep in the shallows at Moana Beach, south of Adelaide, photographing lightning and its reflection in the water. “Suddenly I felt an electric charge in my hair,” he recalls, “and the tripod was resonating with a bit of a hum like a transformer.” He quickly splashed to dry land, and now vows: “I’ll only do that once!” Picture: JOHN MCDERMOTT

A thunderstorm front approaches New Brighton Beach, 30 December 2008, 4.03pm
Kathryn Lynch’s family knows she will drop everything and be out the door with her camera when dramatic weather looms. Kathryn was holidaying near Byron Bay in December 2008, when conditions became very hot and still mid-afternoon. “Then a terrific wind whipped things along the beach as the tail-end of the storm came over,” she says. “I kept on shooting, shielding the camera between shots; and the cricketers also played on.” Picture: KATHRYN LYNCH

Irisation amid cumulus cloud at Katherine Gorge, 2 December 2005, 3.30pm
Enthusiastic photographer Peter Ostry frequently visits friends in the Northern Territory and particularly enjoys photographing the territory’s famous thunderstorms. But one tranquil afternoon in December 2005 he was “doing the tourist river cruise” on the Katherine Gorge when his niece spotted rainbow-like colours amid the clouds. Peter reached for his camera and captured an unusually bright cloud iridescence. “It was a spectacular hour-long display of intense colour during the build-up to the Wet season,” he recalls Picture: PETER OSTRY

A rainbow over Victoria Dock and Sullivan’s Cove, Hobart, 23 February 2008, 4.55pm
Web designer Jamie Scuglia enjoys his holidays around Australia, camera always on standby. In February 2008, Jamie was ensconced in a Hobart hotel and by late afternoon was glum about the less-than-summery water view. But the room turned out to be the right place at the right time as the sun came out during a rain shower and fashioned a rainbow over Victoria Dock and Sullivan’s Cove alongside the Derwent River Picture: JAMIE SCUGLIA

Sun shines through dense smoke over Mt Lindsay, Western Australia, April 2004
Kade Bouwman always keeps his camera nearby when he operates earthmoving equipment around Denmark, near Albany, in southwest Western Australia. His enthusiasm paid off in April 2004 when he watched helicopters drop a ring of fire bombs into forest near Mt Lindsay for a fuel reduction burn. “Soon there was a circle of fire — and whoof, suddenly the updraught drew flames into the middle, and up she went, spectacularly but briefly" Picture: KADE BOUWMAN

Clouds over Port Phillip Bay, Victoria, as seen from Arthurs Seat, 2.30pm, August 2007. Some pictures simply demand to be taken, says Ben Albrecht, owner of a jewellery gallery in Melbourne. Ben had just enjoyed lunch with his wife’s family at a Mornington Peninsula vineyard when they stopped at Arthurs Seat. “It was an amazing day (in August 2007), blue as blue, with two cloud layers,” Ben recalls. “So still, with only one boat visible” Picture: BEN ALBRECHT

Clouds over Clonbinane, central Victoria, 7 November 2007, 6.25pm
Educational consultant Ross Kimber is a keen photographer and takes his camera everywhere. He was returning to Melbourne on the Hume Freeway in November 2007 when he spotted a storm near Clonbinane as the sun was setting. “I loved the light on the paddocks; the impending drama,” he recalls
Find out more about the 2010 Australian Weather Calendar here. Take a look at last year's pictures here Picture: ROSS KIMBER

2009 Australian Weather Calendar


The Bureau of Meteorology in Australia runs a photographic competition each year. The winning pictures go into a calendar, alongside their stories. Retired Bureau of Meteorology officer Ken Hayes travelled to the Perry Sandhills in New South Wales, in 2007. He was impressed by sand dunes rising 30 metres above the otherwise flat landscape. Ken says. “In the late afternoon, high-level cirrus in the west hinted at a really nice sunset, so I walked around for an hour to pick the right spot”
Picture: KEN HAYES

Thursday, November 05, 2009

ACPO guide how to kill a blackman in custody

ACPO guide how to kill a blackman in custody



Step one: Run over the man with a police car.

Step two: Spray the man with CS Spray.

Step three: Hit the man with a baton.

Step four: Call for reinforcements who then put strangleholds on the man cutting off his blood and air supply to his brain.

Step five: Feign surprise that the man has died while being subjected to police brutality.

Concerns over prison conditions

Concerns over prison conditions

Conditions at Dartmoor Prison are putting staff, visitors and the public in "real danger", a report has claimed.



The Independent Monitoring Board says the jail has too many prisoners and that some cells are "barely habitable", with 40 out of action because of damp.

The board also claims cuts proposed for prison and probation services present a danger to the safety of the public and to those who live and work in the jail.

The Ministry of Justice said it was considering the report.


Instead of merely just considering the report, why doesn't the MoJ do something about the appalling conditions?

Tory MEP resigns in referendum dispute

Tory MEP resigns in referendum dispute

Conservative East Midlands MEP Roger Helmer has resigned from the frontbench of the European Parliament after David Cameron ruled out a referendum.



The Tory leader said a referendum on the Lisbon Treaty was now pointless but promised a sovereignty law to limit EU influence if he wins power.

Mr Helmer criticised the move as "cosmetic" and said he could not support the policy.

He has been a outspoken critic of the EU since being elected in 1999.

In a statement, Mr Helmer said: "What we have is an essentially cosmetic policy. We are installing a largely ineffective burglar alarm when the family silver has already been stolen.

"I can neither justify nor support our new EU policy. In these circumstances, I have concluded that I can no longer continue to serve as a spokesman for the delegation. I have accordingly resigned both my spokesmanships with immediate effect."

Mr Cameron's policy has also been sharply criticised by France's minister for Europe, Pierre Lellouche.


To have a Tory leader who has not got a clue nor a policy on Europe is pure madness. If Cameron does not resign the Tories should replace him with a leader who's brain is not befuddled by coke!

Daniel Hannan quits as Tory spokesman over Cameron's U-turn Good riddance to bad rubbish I say!

Ex-MEP admits to expenses racket

Ex-MEP admits to expenses racket

A former British MEP has admitted fiddling £36,000 worth of expenses after switching his plea at his trial.



Tom Wise, 61, from Leighton Buzzard in Bedfordshire, had previously denied charges of false accounting and money laundering.

But during the case at Southwark Crown Court the former Ukip MEP confessed to fiddling expenses from the taxpayer.

Wise took the money between 14 December 2004 and 24 December 2005, and spent it on cars and wine, the court heard.


There really is no valid reason why those MPs who fiddled their expenses should not also face trial.

Justice is sweet

Justice is sweet

Man cleared of BNP racial abuse

A man accused of racially abusing British National Party (BNP) leader Nick Griffin has been cleared.


A very moving story

A very moving story

The ultimate herbal remedy: Can cannabis improve autism?

The debate over its risks has split political and scientific opinion in Britain. But American mother Marie Myung-Ok Lee says cannabis isn't only safe enough for her autistic son – it's dramatically improved his condition



"Dr Lester Grinspoon, an emeritus professor of psychiatry at Harvard Medical School who has been researching cannabis for 40 years, says he has yet to encounter a case of marijuana causing a death, even from lung cancer". Take note Alan Johnson!

Matthew Norman: Alan Johnson, casualty of a dangerous addiction to power

The Home Secretary has become dependent on something very nasty

Sara Payne should suffer in silence

Sara Payne should suffer in silence



Sara Payne: Judges should spell out prison time when sentencing

Judges should spell out the exact amount of time a criminal is likely to spend in prison, Sara Payne, the Government's Victims' Champion said today.


It is tragic that Sara Payne's daughter Sarah was raped and murdered by Roy Whiting, who is serving a life sentence, and justice is being done, so there is no need for adding the angry, and bitter, and twisted ramblings of Sara Payne's brand of justice to other offenders who have not been involved in the crimes against her daughter. This is taking victim mentality too far.

We have enough crimes without adding anti-social behaviour onto the criminal law statutes. As she says, sentencing is a complex issue therefore it is best left to the professionals rather than emotional amateurs who cannot tell the difference between justice and being vindictive.

Sara Payne, get over it. And let Sarah rest in peace!

Northumberland's Border battlegrounds

Northumberland's Border battlegrounds

Once, says Brian Jackman, Northumberland was England's Afghanistan. Now it is the quietest county under the sun.


The dramatic ruins of Dunstanburgh Castle on the Northumberland coast Photo: GETTY

What a stunningly beautiful photograph.

Not in my name and over my dead body

Not in my name and over my dead body

Senior MPs push for bumper pay rise after expenses cut

Senior MPs have begun to lobby for a sharp increase in their salaries to compensate for the loss of generous parliamentary expenses ordered by Sir Christopher Kelly.



Within hours of Sir Christopher announcing radical proposals to ensure that MPs no longer profited from their expenses , some called for allowances to be scrapped and replaced with a higher basic salary. This could see pay for a back-bench MP rise from almost £65,000 a year to more than £80,000.

Are they trying to take the piss?

Wednesday, November 04, 2009

Previous incompatibility finding is sufficient

Previous incompatibility finding is sufficient

Queen’s Bench Division

Published November 3, 2009

Regina (Chester) v Secretary of State for Justice and Another

Before Mr Justice Burton

Judgment October 28, 2009


An English court would not make a declaration that existing national legislation was incompatible with the European Convention on Human Rights where there was a ruling by a Scottish court in respect of the same or similar legislation and where the government was in the process of laying proposals before Parliament in response to a ruling of the European Court of Justice (sic ECtHR).

Mr Justice Burton so held in the Administrative Court of the Queen’s Bench Division, when dismissing a claim by Peter Chester, a prisoner at Wakefield, who had served the minimum term of a life sentence for the rape and murder of his niece, but who had been detained in prison after a Parole Board finding that he was a post-tariff lifer, too dangerous to release into the community.

His claim was for judicial review of decisions dated August 5, 2008, and December 14, 2008, of the first defendant, the Secretary of State for Justice, and of the refusal on April 28, 2005 by the second defendant, Wakefield Metropolitan District Centre, to permit him claimant to vote in the parliamentary and European Union elections.

The claim was issued in 2008 in anticipation of the European elections which were due to take place in June 2009, on the ground that the ban on convicted prisoners voting contained in section 3 of the Representation of the People Act 1983 and section 8 of the European Parliamentary Elections Act 2002 was a violation of their rights under the European Convention on Human Rights and European Union law.

It was based on the ruling of the Grand Chamber of the European Court of Human Rights, that the blanket ban on convicted prisoners in custody from voting in elections imposed by section 3 of the 1983 Act was a breach of article 3 of Protocol 1 of the Human Rights Convention: Hirst v United Kingdom (Application No 74025/01) (The Times October 10, 2005; (2005) 42 EHRR 41).

Following Hirst, the government had set in process a period of consultation and after the closure of the second period of consultation on September 29, 2009, indicated that it would set a timetable for the introduction of legislation into Parliament amending section 3 of the 1983 Act. The rights in respect of European elections under section 8 of the 2002 Act followed those under section 3 of the 1983 Act.

According to government proposals in both the first and second consultation papers, there was no intention to enfranchise posttariff lifers in any new legislation.

The claimant sought:

First, a declaration of incompatability of section 3 of the 1983 Act with the Convention specifically in relation to post-tariff lifers and as a matter of discretion because the government’s proposals for fresh legislation did not make any provision to change that position.

Second, the reading down and reinterpretation of section 8 of the 2002 Act in one of two alternative ways so as to ensure it complied with European law, based on: (i) section 3(1) of the Human Rights Act 1998, whereby legislation had to be read so as to give effect to the Convention and (ii) as far as EU law was concerned based on the principles established in Marleasing v Commercial International de Alimentacion SA (Case No C-106/89) ([1990] ECR 1-4135) and exemplified, for example, in Coleman v Attridge Law (Case C-303/06) (The Times July 29, 2008; [2008] ICR 1128).

Alternatively, a declaration that section 8 of the 2002 Act was incompatible with the Convention and/or article 190(1) EC (OJ Dec 29, 2006 vol 49 C321 E/130), which required election by direct universal suffrage, and the European Communities Act 1976.

Finally, that any legislation to be enacted by the United Kingdom in replacement for section 3 of the 1983 Act would not comply with the Convention unless it provided for the enfranchisement of post-tariff lifers.

Mr Hugh Southey for the claimant; Mr James Eadie, QC and Mr Jason Coppel for the Secretary of State for Justice; Mr Philip Coppel, QC, for Wakefield.

MR JUSTICE BURTON said that in respect of the reading down of section 8 of the 2002 Act, a United Kingdom court had already rejected the reading down of article 3 of the 1983 Act in respect of post-tariff lifers on the basis that the legislation overall clearly did not leave any room for that and that the issues were complex and policy decisions needed to be made by the government on the extent of the enfranchisement of prisoners: see Smith v Scott ([2007] SC 245) in the Registration Appeal Court, Scotland.

The reasoning of the court in that case applied equally to section 8 of the 2002 Act and this was therefore not an appropriate case for the reading down of section 8 under either section 3 of the 1998 Act or the principles enunicated in Marleasing.

With regard to a general declaration of incompatability of section 3, his Lordship considered whether it was appropriate to grant a declaration of incompatability where a ruling had already been given in respect of the same legislation by another UK court.

He distinguished Bellinger v Bellinger (The Times April 11, 2003; [2003] 2 AC 467) on the ground that the declaration in that case was made because the government had made a concession but not yet given any assurance about the introduction of compliant legislation and he distinguished R (Greenfield) v Secretary of State for the Home Department (The Times February 18, 2005; [2005] 1 WLR 673) where Lord Bingham of Cornhill made various declarations on the basis that they would be an important part of the claimant’s remedy and an important vindication of his rights.

In the present case, it had already been decided in Smithv Scott that section 3 was incompatible with the Convention and there was therefore an order by which the government was bound.

The government had already accepted that incompatibility and was in the process of putting forward legislation to Parliament and it was therefore unnecessary for another declaration of incompatablity to be made by another court. Furthermore, no further vindication of the claimant’s rights was needed.

In respect of the claim that section 8 of the 2002 Act was incompatible with 190(1) EC and/or the 1976 Act, the declaration could only be made on the basis that section 8 of the 2002 Act was non-compliant with EU law because it was non-compliant with the Convention.

That argument did not add anything further to the consideration of whether a declaration should be made in respect of incompatability with the Convention.

Furthermore, it was not appropriate for the court to exercise its discretion to make a declaration of incompatability because:

First, there was no presently intended European election and new legislation was likely to be in place by the time the next elections were held.

Second, the claim under section 8 was parasitic upon the section 3 claim and a declaration had already been made in respect of that section: Smith v Scott.

Finally, in respect of the claim for a declaration of incompatibility of section 3 of the 1983 Act specifically relating to the position of post-tariff lifers and in respect of the claim for a declaration that any new legislation would not comply with the Convention unless it provided for enfranchisement of post-tariff lifers: while it was the government’s intention not to enfranchise post-tariff lifers, proposals had not yet been laid before Parliament, and any declaration intended to put pressure on the first defendant to bring legislation before Parliament was offensive to constitutional principles: R (Wheeler) v Office of the Prime Minister and Another ([2008] EWHC 1409 (Admin)).

Furthermore, while it was unlawful for a public authority to act in a way which was incompatible with a Convention right, an act did not include a failure to introduce in, or lay before, Parliament proposed legislation: see section 6(6) of the 1998 Act.

In addition, the Grand Chamber in Hirst had ruled that the government had a margin of appreciation and it was to be left to Parliament to decide with what to replace the blanket ban on prisoners’ franchise. It was therefore inappropriate to grant declaratory relief on any of the grounds put forward.

Solicitors: Chivers Solicitors, Bingley; Treasury Solicitor; Ms Liz Bashforth, Wakefield.

'Oldest working petrol pumps in country' found

'Oldest working petrol pumps in country' found

A set of rusty petrol pumps owned by a 65-year-old mechanic are thought to be the oldest working set in the country.



Battling against the rise of modern supermarket stations buying and selling fuel for much less than he can, owner Bernard White has done everything in his power to keep the old relics working.

The same pumps have stood on the forecourt of Laurel garage in Ramsbury, WIltshire, since the early 1950s.

The nozzles have been specially adapted to fit modern cars while seals around the hose are replaced regularly to prevent leaks.

And they survived the imperial measure clamp down when the European Union tried to enforce metric-only labelling on all sellable goods.