Jailhouselawyer on Look North 30/9/11
Comment: Once again the media has only got part of the story and even then got parts of it wrong. Tory MPs are not stepping up their fight because the UK lost at first instance and then lost its appeal before the Grand Chamber and its decision is final.
The ECtHR has not given the UK until October 11 to fully comply with my judgment. This deadline relates to another case called Greens and MT v UK. Therefore, any extension of time relates to Greens and MT v UK and not Hirst No2.
It beggars belief that Tory MPs who go on about law and order want to ignore the law when it suits them and kick the highest court in Europe's decision into the long grass just because it does not suit them.
I find it repellant that a Tory MP believes that it is wrong for the electorate to vote for MPs.
The MPs vote in the Commons was misguided. It is not the court of public opinion which matters but the ECtHR's opinion. And the Court found the UK guilty. The UK must now remedy the situation or else.
Prisoners do not lose all their rights upon receiving a custodial sentence.
A mixture of law, politics, autobiography and humour. Once described as "The Devilish Advocate" (Guardian), I do have the ability to provoke a response. Sometimes it comes from someone who uses a thought process, and sometimes from jerks usually associated with the knee.
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Friday, September 30, 2011
Top Tories involved in rape allegation
Top Tories involved in rape allegation
Tim Iredale the politics editor at BBC1 Look North Tweeted the following...
iredalepolitics Tim Iredale
Tory MPs tell me they plan to kill off votes for prisoners once and for all in defiance of Euro Court of Yuman Rites.
Link 1
"A rape of democracy"
Link 2
David Cameron warned Britain could end up like Greece under the colonels
French president of the European Court of Human Rights says 'respectfully' that Britain would turn into a military dictatorship if it rejects Strasbourg rulings
Link 3
Greece's allies in Western Europe were split in their attitudes toward the Junta. The Scandinavian countries as well as the Netherlands took a very hostile stance towards the Junta and filed a complaint before the Human Rights Commission of the Council of Europe in September 1967. Greece however opted for leaving the Council of Europe voluntarily in December 1969 before a verdict was handed down.
It's a pity that none of the other 46 Member States of the Council of Europe are not filing a complaint against the UK for its continuing human rights violations!
Tim Iredale the politics editor at BBC1 Look North Tweeted the following...
iredalepolitics Tim Iredale
Tory MPs tell me they plan to kill off votes for prisoners once and for all in defiance of Euro Court of Yuman Rites.
Link 1
"A rape of democracy"
Link 2
David Cameron warned Britain could end up like Greece under the colonels
French president of the European Court of Human Rights says 'respectfully' that Britain would turn into a military dictatorship if it rejects Strasbourg rulings
Link 3
Greece's allies in Western Europe were split in their attitudes toward the Junta. The Scandinavian countries as well as the Netherlands took a very hostile stance towards the Junta and filed a complaint before the Human Rights Commission of the Council of Europe in September 1967. Greece however opted for leaving the Council of Europe voluntarily in December 1969 before a verdict was handed down.
It's a pity that none of the other 46 Member States of the Council of Europe are not filing a complaint against the UK for its continuing human rights violations!
Ministers plan big rise in use of electronic tags on offenders
Ministers plan big rise in use of electronic tags on offenders
More than 30 firms said to be keen to bid for new contracts as Ken Clarke seeks to improve confidence in alternatives to prison
Ministers are preparing for a massive expansion in electronic tagging of offenders, with private security companies being invited to bid for more than £1bn worth of contracts next month.
The use of electronic tagging has grown rapidly since it was first used in 1999 by courts in England and Wales to enforce curfews. Now more than 20,000 offenders are monitored by private security firms on any given day.
The current eight-year contracts, which are held by G4S and Serco electronic monitoring services, are due to end shortly. The Ministry of Justice says more than 30 companies have expressed an interest in competing for the new contracts when bids are invited this October.
Fewer than 3,500 electronic tagging orders were made in 1999, a figure that rose to cover more than 70,000 people last year. It is estimated that more than 450,000 people in England and Wales have spent time electronically tagged over the past decade.
The justice secretary, Ken Clarke, is planning a further significant expansion in the use of tagging as part of his drive to improve public confidence in alternatives to prison. His sentencing and punishment bill, which is now before parliament, will give the courts powers to extend the tag curfew limit from 12 hours a day to 16. The bill also proposes doubling the length of a curfew order from six to 12 months.
The extension of tagging comes as G4S prepares to take over the Victorian inner city prison at Winson Green, Birmingham, this weekend, the first in the UK to be transferred from the public to private sector. Serco is about to start the first "payment by results" offender services pilot scheme at Doncaster prison with similar schemes to follow at eight more prisons. Plans for the largest-ever wave of jail privatisation with nine public sector prisons being put out to tender this autumn have already been announced.
Only last week the justice minister, Lord McNally, warned a Liberal Democrat conference fringe meeting of the danger of a "semi-monopoly" developing with the largest security companies, such as G4S and Serco, winning the majority of justice contracts.
The main form of tagging used in England and Wales involves the offender wearing a tag around their ankle or wrist which sends a signal back to a monitoring unit at their home address. A text message-style signal is sent to the company's monitoring centre if the offender breaks the circuit by leaving home during the curfew hours. Tagging is used both as a community penalty and to monitor prisoners released early on home detention curfews.
The latest expansion in tagging comes despite official statements that electronic tags have no impact in reducing the reoffending rates of criminals or the number of contractual penalty payments of more than £273,000 over the past four years by G4S and Serco for service failures.
"The re-competition [sic] of these contracts offers the market an opportunity of significant scale (based on current spend, the total contract value is likely to be in the region of £1bn)," says the Ministry of Justice in its latest competition strategy document.
Ministers hope the new contracts will cut the current unit cost of £1,063 for a 90-day adult curfew and £1,935 for a 120-day juvenile curfew.
"The expected reductions in the unit cost of delivery are likely to provide significant opportunities for both savings and service improvement. This will also provide opportunities for greater involvement of small and medium enterprises – in this case, companies offering innovative tagging technology," says the strategy.
Up until now more ambitious uses of electronic tagging, such as satellite tracking and voice verification to monitor an individual's daily movements, have been limited by the impact of tall buildings on the patchy mobile phone networks the system relies on.
The Ministry of Justice has always maintained that tagging provides the courts with a credible alternative to prison. But ministers admitted to MPs two years ago: "Current evidence suggests that electronic monitoring has a neutral effect on reoffending. However, international research does suggest that it can be effective in helping to ensure compliance with other, more rehabilitative, community penalties."
Harry Fletcher of Napo, the probation service union, said he was shocked that tagging had become a £1bn industry: "There is no evidence that tagging has any impact on reducing crime. It is also very expensive, with a 90-day tag costing £1,100 to the taxpayer. That is for an outlay of only £400 to £500 assuming only one call-out to the offender for each order. So there is a huge markup," he said.
More than 30 firms said to be keen to bid for new contracts as Ken Clarke seeks to improve confidence in alternatives to prison
Ministers are preparing for a massive expansion in electronic tagging of offenders, with private security companies being invited to bid for more than £1bn worth of contracts next month.
The use of electronic tagging has grown rapidly since it was first used in 1999 by courts in England and Wales to enforce curfews. Now more than 20,000 offenders are monitored by private security firms on any given day.
The current eight-year contracts, which are held by G4S and Serco electronic monitoring services, are due to end shortly. The Ministry of Justice says more than 30 companies have expressed an interest in competing for the new contracts when bids are invited this October.
Fewer than 3,500 electronic tagging orders were made in 1999, a figure that rose to cover more than 70,000 people last year. It is estimated that more than 450,000 people in England and Wales have spent time electronically tagged over the past decade.
The justice secretary, Ken Clarke, is planning a further significant expansion in the use of tagging as part of his drive to improve public confidence in alternatives to prison. His sentencing and punishment bill, which is now before parliament, will give the courts powers to extend the tag curfew limit from 12 hours a day to 16. The bill also proposes doubling the length of a curfew order from six to 12 months.
The extension of tagging comes as G4S prepares to take over the Victorian inner city prison at Winson Green, Birmingham, this weekend, the first in the UK to be transferred from the public to private sector. Serco is about to start the first "payment by results" offender services pilot scheme at Doncaster prison with similar schemes to follow at eight more prisons. Plans for the largest-ever wave of jail privatisation with nine public sector prisons being put out to tender this autumn have already been announced.
Only last week the justice minister, Lord McNally, warned a Liberal Democrat conference fringe meeting of the danger of a "semi-monopoly" developing with the largest security companies, such as G4S and Serco, winning the majority of justice contracts.
The main form of tagging used in England and Wales involves the offender wearing a tag around their ankle or wrist which sends a signal back to a monitoring unit at their home address. A text message-style signal is sent to the company's monitoring centre if the offender breaks the circuit by leaving home during the curfew hours. Tagging is used both as a community penalty and to monitor prisoners released early on home detention curfews.
The latest expansion in tagging comes despite official statements that electronic tags have no impact in reducing the reoffending rates of criminals or the number of contractual penalty payments of more than £273,000 over the past four years by G4S and Serco for service failures.
"The re-competition [sic] of these contracts offers the market an opportunity of significant scale (based on current spend, the total contract value is likely to be in the region of £1bn)," says the Ministry of Justice in its latest competition strategy document.
Ministers hope the new contracts will cut the current unit cost of £1,063 for a 90-day adult curfew and £1,935 for a 120-day juvenile curfew.
"The expected reductions in the unit cost of delivery are likely to provide significant opportunities for both savings and service improvement. This will also provide opportunities for greater involvement of small and medium enterprises – in this case, companies offering innovative tagging technology," says the strategy.
Up until now more ambitious uses of electronic tagging, such as satellite tracking and voice verification to monitor an individual's daily movements, have been limited by the impact of tall buildings on the patchy mobile phone networks the system relies on.
The Ministry of Justice has always maintained that tagging provides the courts with a credible alternative to prison. But ministers admitted to MPs two years ago: "Current evidence suggests that electronic monitoring has a neutral effect on reoffending. However, international research does suggest that it can be effective in helping to ensure compliance with other, more rehabilitative, community penalties."
Harry Fletcher of Napo, the probation service union, said he was shocked that tagging had become a £1bn industry: "There is no evidence that tagging has any impact on reducing crime. It is also very expensive, with a 90-day tag costing £1,100 to the taxpayer. That is for an outlay of only £400 to £500 assuming only one call-out to the offender for each order. So there is a huge markup," he said.
Prison leaves 17,000 children separated from their mothers
Prison leaves 17,000 children separated from their mothers
The Howard League for Penal Reform says two-thirds of women jailed last year could have been punished in the community instead
More than 17,000 children are forcibly separated from their mothers every year in England and Wales as a result of imprisonment, according to new figures.
The Howard League for Penal Reform says two-thirds of women jailed last year were convicted of non-violent offences and could have been punished in the community instead, sparing 11,000 children the agony of enforced separation.
The group's report, Voice of a Child, says that 17,240 children under 18 were separated from their mothers in England and Wales in 2010 through imprisonment.
Frances Crook, chief executive of the Howard League, is presenting its findings to a special session on prisoners' children in Geneva of the United Nation's committee on the rights of the child.
The latest Ministry of Justice figures show that more than 4,250 women were in prison in England and Wales last Friday. The Howard League says that more than half entered prison on remand awaiting trial and of that number, 60% were not found guilty or did not receive a subsequent custodial sentence.
Crook said that the separation of 17,000 children from their mothers was causing long-term emotional, social, material and psychological damage with little or no dedicated support: "If a single mother is sent to prison she will, at least temporarily, lose her children and children become effectively parentless," she said. "Visiting hours in prison are mainly morning or afternoon slots; the time when people are at work and children are at school. Evening and weekend visits remain rare and the situation is likely to get worse as budget cuts mean that family days in prisons are being scrapped. Visiting mum in prison is one of the most distressing things a child can experience."
Crook said that the real answer was to end the imprisonment of women and instead hold those convicted of violent offences in local secure units instead.
The chief inspector of prisons has said that half of the women in prison have children under the age of 16, and more than a third have children under the age of five.
There are 12 women's prisons in Britain, but just seven have mother and baby units with only 69 places available.
A Ministry of Justice spokeswoman said that the prison service recognised that jail sentences can be distressing for the children and families of female offenders.
"That is why we want to increase confidence in community sentences – to demonstrate they are a viable option for non-violent offenders with caring responsibilities."
She said that in cases where prison was the appropriate sentence, establishments promoted family contact and tried to overcome the disadvantages that being away from home might create: "Eligible prisoners can apply for day or overnight leave to maintain and develop relationships with their children and help them resettle in the community on release," she said
The Howard League for Penal Reform says two-thirds of women jailed last year could have been punished in the community instead
More than 17,000 children are forcibly separated from their mothers every year in England and Wales as a result of imprisonment, according to new figures.
The Howard League for Penal Reform says two-thirds of women jailed last year were convicted of non-violent offences and could have been punished in the community instead, sparing 11,000 children the agony of enforced separation.
The group's report, Voice of a Child, says that 17,240 children under 18 were separated from their mothers in England and Wales in 2010 through imprisonment.
Frances Crook, chief executive of the Howard League, is presenting its findings to a special session on prisoners' children in Geneva of the United Nation's committee on the rights of the child.
The latest Ministry of Justice figures show that more than 4,250 women were in prison in England and Wales last Friday. The Howard League says that more than half entered prison on remand awaiting trial and of that number, 60% were not found guilty or did not receive a subsequent custodial sentence.
Crook said that the separation of 17,000 children from their mothers was causing long-term emotional, social, material and psychological damage with little or no dedicated support: "If a single mother is sent to prison she will, at least temporarily, lose her children and children become effectively parentless," she said. "Visiting hours in prison are mainly morning or afternoon slots; the time when people are at work and children are at school. Evening and weekend visits remain rare and the situation is likely to get worse as budget cuts mean that family days in prisons are being scrapped. Visiting mum in prison is one of the most distressing things a child can experience."
Crook said that the real answer was to end the imprisonment of women and instead hold those convicted of violent offences in local secure units instead.
The chief inspector of prisons has said that half of the women in prison have children under the age of 16, and more than a third have children under the age of five.
There are 12 women's prisons in Britain, but just seven have mother and baby units with only 69 places available.
A Ministry of Justice spokeswoman said that the prison service recognised that jail sentences can be distressing for the children and families of female offenders.
"That is why we want to increase confidence in community sentences – to demonstrate they are a viable option for non-violent offenders with caring responsibilities."
She said that in cases where prison was the appropriate sentence, establishments promoted family contact and tried to overcome the disadvantages that being away from home might create: "Eligible prisoners can apply for day or overnight leave to maintain and develop relationships with their children and help them resettle in the community on release," she said
Iain Duncan Smith is the weakest link!
Iain Duncan Smith is the weakest link!
IDS is either playing an air piano or doing a Tommy Cooper impression "Just like that".
Andrew Porter, Political Editor of the Daily Telegraph, telling us what IDS is saying...
Brussels threatens to sue Britain to let in 'benefit tourists'
The European Commission has threatened to take legal action against Britain if ministers do not water down rules limiting foreigners’ ability to claim benefits.
...and IDS telling us himself what he is saying.
Brussels poses serious threat to our welfare reforms
Commentary: Iain Duncan Smith says £2 billion extra could go to those with no link to Britain
Comment:
Smith's reform is all about hitting the poor to pay for the rich.
It's free movement of EU citizens within the EU and not simply free movement of labour.
There is no such thing as the social contract, it's a philosophy from a long gone age before the UK joined the United States of Europe.
It is nonsense to say this threatens to break a non existent link. IDS is the weakest link. Goodbye!
Andrew Porter, Political Editor of the Daily Telegraph, telling us what IDS is saying...
Brussels threatens to sue Britain to let in 'benefit tourists'
The European Commission has threatened to take legal action against Britain if ministers do not water down rules limiting foreigners’ ability to claim benefits.
...and IDS telling us himself what he is saying.
Brussels poses serious threat to our welfare reforms
Commentary: Iain Duncan Smith says £2 billion extra could go to those with no link to Britain
Comment:
Smith's reform is all about hitting the poor to pay for the rich.
It's free movement of EU citizens within the EU and not simply free movement of labour.
There is no such thing as the social contract, it's a philosophy from a long gone age before the UK joined the United States of Europe.
It is nonsense to say this threatens to break a non existent link. IDS is the weakest link. Goodbye!
Thursday, September 29, 2011
Parliament abuses prisoners like the Nazi regime abused Jews, etc
Parliament abuses prisoners like the Nazi regime abused Jews, etc
Council of Europe
The Council of Europe (French: Conseil de l'Europe) is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation. It was founded in 1949, has 47 member states with some 800 million citizens, and is an entirely separate body from the European Union (EU), which has only 27 member states. Unlike the EU, the Council of Europe cannot make binding laws. The two do however share certain symbols such as the flag of Europe. The Council of Europe has nothing to do with either the Council of the European Union or the European Council, which are both EU bodies.
The best known bodies of the Council of Europe are the European Court of Human Rights, which enforces the European Convention on Human Rights, and the European Pharmacopoeia Commission, which sets the quality standards for pharmaceutical products in Europe. The Council of Europe's work has resulted in standards, charters and conventions to facilitate cooperation between European countries.
Its statutory institutions are the Committee of Ministers comprising the foreign ministers of each member state, the Parliamentary Assembly composed of MPs from the Parliament of each member state, and the Secretary General heading the secretariat of the Council of Europe. The Commissioner for Human Rights is an independent institution within the Council of Europe, mandated to promote awareness of and respect for human rights in the member states.
The headquarters of the Council of Europe are in Strasbourg, France, with English and French as its two official languages. The Committee of Ministers, the Parliamentary Assembly and the Congress also use German, Italian, and Russian for some of their work.
The role of the ECtHR is not to enforce the ECHR, rather it rules on whether a case brought by an individual against a Member State of the Council of Europe or Member State against another Member State discloses a violation of the Convention. It maybe a weakness of the Court that it has no effective enforcement mechanism once a judgment has been reached.
Article 46 – Binding force and execution of judgments
1. The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties.
2. The final judgment of the Court shall be transmitted to the Committee of Ministers, which shall supervise its execution.
Notwithstanding that the UK has given an undertaking to abide by the final judgment in Hirst v UK (No2), the position is that the UK has ignored the final judgment for 6 years and has therefore renaged on its undertaking. In other words, the UK is guilty of saying one thing and doing the complete opposite.
The final judgment of the Court in Hirst v UK (No2) was transmitted to to the CoM, however, it would appear that it has failed to effectively supervise its execution. If the CoM had effectively supervised execution of Hirst v UK (No2) then all convicted prisoners in the UK eligible to do so would have the vote. This maybe discloses a weakness with the CoM in that its effectiveness is only as good as full compliance by a Member State. When a Member State such as the UK decides not to fully comply with a final judgment of the Court, the net effect is that the human rights violations identified by the Court continues unabated. It also means that the CoM by aiding and abetting the continued human rights abuse is as guilty as the Member State. The enforcement mechanism is too weak to be effective in protecting human rights guaranteed under the Convention.
The Council of Europe is aware of the weaknesses I have highlighted above. The Interlaken process is meant to address these weaknesses.
Effective implementation of the European Convention on Human Rights: the Interlaken process
Doc. 12221
27 April 2010
The Committee on Legal Affairs and Human Rights welcomes the declaration and action plan which emerged from February’s high-level conference on the future of the European Court of Human Rights in Interlaken, especially its recognition of the basic principle that human rights must be guaranteed first and foremost at national level. Convention rights need to be better implemented nationally, states with major structural problems which give rise to repeated breaches of the Convention must deal with these more effectively, and Court judgments should be swiftly and fully executed.
In the UK for human rights to be guaranteed at national level it requires a document like a written constitution stating what these human rights consist of, and the means of enforcing them. It is said that in the UK we do not have a written constitution. Instead we have the Human Rights Act 1998.
According to Alex Bailin QC, Matrix Chambers, at the ALBA 8th Annual Human Rights Act Seminar, 5 Oct 2010:
“The worst example of the dialogue is probably the response to the ECtHR GC decision in Hirst v UK (No.2) (2006) 42 EHRR 41 which held that the blanket ban on prisoners’ voting is disproportionate. Until last month (when the Deputy PM announced that the government will reconsider the ban, after the Council of Europe had given the UK a 3-month ultimatum), the government had effectively ignored the ECtHR ruling for over 5 years. If that state of affairs reigned supreme then the HRA would be, frankly, toothless”.
That's a weakness in the ECtHR, CoM, and now a weakness in the UK's national legislation. In spite of the HRA human rights are not guaranteed first and foremost at national level. This weakness first and foremost is the fault of Parliament. Secondly it is the fault of the Executive. Thirdly it is the fault of the Judiciary. Fourthly it is the fault of the media.
Article 13 – Right to an effective remedy
Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.
A right exists only if it can be enforced. Parliament decided not to incorporate Article 13 into the HRA. The UK signed up to the Council of Europe and the Convention but insists on retaining the right to deny human rights. Therefore the HRA is a worthless piece of paper just like a forged bank note. This is a violation of the Convention.
Article 1 – Obligation to respect human rights
The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.
Parliament decided not to incorporate Article 1 into the HRA. Therefore, it would appear to leave to the discretion of Parliament those it chooses not to recocognise as human beings. In this case it is convicted prisoners. Parliament has sought to dehumanise convicted prisoners. In so doing it can abuse convicted prisoners in the manner of the Nazi regime persecuting Jews, etc.
Council of Europe
The Council of Europe (French: Conseil de l'Europe) is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation. It was founded in 1949, has 47 member states with some 800 million citizens, and is an entirely separate body from the European Union (EU), which has only 27 member states. Unlike the EU, the Council of Europe cannot make binding laws. The two do however share certain symbols such as the flag of Europe. The Council of Europe has nothing to do with either the Council of the European Union or the European Council, which are both EU bodies.
The best known bodies of the Council of Europe are the European Court of Human Rights, which enforces the European Convention on Human Rights, and the European Pharmacopoeia Commission, which sets the quality standards for pharmaceutical products in Europe. The Council of Europe's work has resulted in standards, charters and conventions to facilitate cooperation between European countries.
Its statutory institutions are the Committee of Ministers comprising the foreign ministers of each member state, the Parliamentary Assembly composed of MPs from the Parliament of each member state, and the Secretary General heading the secretariat of the Council of Europe. The Commissioner for Human Rights is an independent institution within the Council of Europe, mandated to promote awareness of and respect for human rights in the member states.
The headquarters of the Council of Europe are in Strasbourg, France, with English and French as its two official languages. The Committee of Ministers, the Parliamentary Assembly and the Congress also use German, Italian, and Russian for some of their work.
The role of the ECtHR is not to enforce the ECHR, rather it rules on whether a case brought by an individual against a Member State of the Council of Europe or Member State against another Member State discloses a violation of the Convention. It maybe a weakness of the Court that it has no effective enforcement mechanism once a judgment has been reached.
Article 46 – Binding force and execution of judgments
1. The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties.
2. The final judgment of the Court shall be transmitted to the Committee of Ministers, which shall supervise its execution.
Notwithstanding that the UK has given an undertaking to abide by the final judgment in Hirst v UK (No2), the position is that the UK has ignored the final judgment for 6 years and has therefore renaged on its undertaking. In other words, the UK is guilty of saying one thing and doing the complete opposite.
The final judgment of the Court in Hirst v UK (No2) was transmitted to to the CoM, however, it would appear that it has failed to effectively supervise its execution. If the CoM had effectively supervised execution of Hirst v UK (No2) then all convicted prisoners in the UK eligible to do so would have the vote. This maybe discloses a weakness with the CoM in that its effectiveness is only as good as full compliance by a Member State. When a Member State such as the UK decides not to fully comply with a final judgment of the Court, the net effect is that the human rights violations identified by the Court continues unabated. It also means that the CoM by aiding and abetting the continued human rights abuse is as guilty as the Member State. The enforcement mechanism is too weak to be effective in protecting human rights guaranteed under the Convention.
The Council of Europe is aware of the weaknesses I have highlighted above. The Interlaken process is meant to address these weaknesses.
Effective implementation of the European Convention on Human Rights: the Interlaken process
Doc. 12221
27 April 2010
The Committee on Legal Affairs and Human Rights welcomes the declaration and action plan which emerged from February’s high-level conference on the future of the European Court of Human Rights in Interlaken, especially its recognition of the basic principle that human rights must be guaranteed first and foremost at national level. Convention rights need to be better implemented nationally, states with major structural problems which give rise to repeated breaches of the Convention must deal with these more effectively, and Court judgments should be swiftly and fully executed.
In the UK for human rights to be guaranteed at national level it requires a document like a written constitution stating what these human rights consist of, and the means of enforcing them. It is said that in the UK we do not have a written constitution. Instead we have the Human Rights Act 1998.
According to Alex Bailin QC, Matrix Chambers, at the ALBA 8th Annual Human Rights Act Seminar, 5 Oct 2010:
“The worst example of the dialogue is probably the response to the ECtHR GC decision in Hirst v UK (No.2) (2006) 42 EHRR 41 which held that the blanket ban on prisoners’ voting is disproportionate. Until last month (when the Deputy PM announced that the government will reconsider the ban, after the Council of Europe had given the UK a 3-month ultimatum), the government had effectively ignored the ECtHR ruling for over 5 years. If that state of affairs reigned supreme then the HRA would be, frankly, toothless”.
That's a weakness in the ECtHR, CoM, and now a weakness in the UK's national legislation. In spite of the HRA human rights are not guaranteed first and foremost at national level. This weakness first and foremost is the fault of Parliament. Secondly it is the fault of the Executive. Thirdly it is the fault of the Judiciary. Fourthly it is the fault of the media.
Article 13 – Right to an effective remedy
Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.
A right exists only if it can be enforced. Parliament decided not to incorporate Article 13 into the HRA. The UK signed up to the Council of Europe and the Convention but insists on retaining the right to deny human rights. Therefore the HRA is a worthless piece of paper just like a forged bank note. This is a violation of the Convention.
Article 1 – Obligation to respect human rights
The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.
Parliament decided not to incorporate Article 1 into the HRA. Therefore, it would appear to leave to the discretion of Parliament those it chooses not to recocognise as human beings. In this case it is convicted prisoners. Parliament has sought to dehumanise convicted prisoners. In so doing it can abuse convicted prisoners in the manner of the Nazi regime persecuting Jews, etc.
I've got an itch down here, says Kate, I wonder if Wills has giving me crabs?
I've got an itch down here, says Kate, I wonder if Wills has giving me crabs?
Wednesday, September 28, 2011
Indian Summer in Hull
Indian Summer in Hull
It's a scorching 24(°C) outside but cooler 21(°C) inside.
It's a scorching 24(°C) outside but cooler 21(°C) inside.
Love thy neighbour grrrhhh!
Love thy neighbour grrrhhh!
Since about 8.30am an alarm has been sounding.
Just now I saw one of my Congo neighbours returning to their house at number 4. When I went into her house all the smoke alarms were sounding. I asked her where the alarm reset box is located. She said she did not know. I found it in a cupboard with the front cover hanging off and wires hanging loose...
She produced a folder with a contact number which I called. I pointed out that the folder was for 4 Adderbury Grove and that they actually live at 4 Adderbury Crescent. In any event, whoever I spoke to said that he would contact the landlord.
The reason my next door neighbour could not call the contact number was because she has no credit on her mobile phone. Still, to subject us to 5 hours of a screaming alarm is unacceptable. She could have come to me and used my home phone.
Since about 8.30am an alarm has been sounding.
Just now I saw one of my Congo neighbours returning to their house at number 4. When I went into her house all the smoke alarms were sounding. I asked her where the alarm reset box is located. She said she did not know. I found it in a cupboard with the front cover hanging off and wires hanging loose...
She produced a folder with a contact number which I called. I pointed out that the folder was for 4 Adderbury Grove and that they actually live at 4 Adderbury Crescent. In any event, whoever I spoke to said that he would contact the landlord.
The reason my next door neighbour could not call the contact number was because she has no credit on her mobile phone. Still, to subject us to 5 hours of a screaming alarm is unacceptable. She could have come to me and used my home phone.
Saudi woman to be lashed for defying driving ban
Saudi woman to be lashed for defying driving ban
Shaima Jastaina sentenced to 10 lashes after being found guilty of driving without permission
A Saudi woman has been sentenced to be lashed 10 times with a whip for defying the kingdom's prohibition on female drivers.
It is the first time a legal punishment has been handed down for a violation of the longtime ban in the ultraconservative Muslim nation.
Police usually stop female drivers, question them and let them go after they sign a pledge not to drive again. But dozens of women have continued to take to the roads since June in a campaign to break the taboo.
The sentence comes two days after King Abdullah promised to protect women's rights and decreed women would be allowed to participate in municipal elections in 2015. Abdullah also promised to appoint women to the all-male shura council advisory body.
The mixed signals highlight the challenge for Abdullah, known as a reformer, in pushing gently for change without antagonising the powerful clergy and a conservative segment of the population.
Comment: It beggars belief that there is no written law banning women from driving and yet they get stopped by the police and a court has passed a flogging sentence for conduct which is not a criminal offence. Furthermore, if a man commits a traffic violation he receives a fine. Women on the other hand are subject to a whipping. Why does the UK have trade links with such a barbaric country?
Shaima Jastaina sentenced to 10 lashes after being found guilty of driving without permission
A Saudi woman has been sentenced to be lashed 10 times with a whip for defying the kingdom's prohibition on female drivers.
It is the first time a legal punishment has been handed down for a violation of the longtime ban in the ultraconservative Muslim nation.
Police usually stop female drivers, question them and let them go after they sign a pledge not to drive again. But dozens of women have continued to take to the roads since June in a campaign to break the taboo.
The sentence comes two days after King Abdullah promised to protect women's rights and decreed women would be allowed to participate in municipal elections in 2015. Abdullah also promised to appoint women to the all-male shura council advisory body.
The mixed signals highlight the challenge for Abdullah, known as a reformer, in pushing gently for change without antagonising the powerful clergy and a conservative segment of the population.
Comment: It beggars belief that there is no written law banning women from driving and yet they get stopped by the police and a court has passed a flogging sentence for conduct which is not a criminal offence. Furthermore, if a man commits a traffic violation he receives a fine. Women on the other hand are subject to a whipping. Why does the UK have trade links with such a barbaric country?
Historic hearing begins into Broadmoor patient seeking his freedom
Historic hearing begins into Broadmoor patient seeking his freedom
His legal counsel argued his problems stemmed from being detained for so long for a relatively minor offence
By Jerome Taylor
Wednesday, 28 September 2011
A Broadmoor patient who has spent nearly 25 years behind bars is still a danger to himself and the public according to testimony given during the first ever mental health tribunal to be heard in public.
Albert Haines, 52, is seeking to be discharged from Broadmoor Hospital after nearly a quarter of a century detained under the Mental Health Act at high- and medium-security facilities. He insists that doctors misdiagnosed him and that he would pose no threat to the public if he were to be released.
But Dr Jose Romero-Urcelay, a forensic psychiatrist at Broadmoor's personality disorder ward, told a tribunal yesterday that Mr Haines was still in need of psychiatric help – although he admitted he could feasibly be released within two years if he agreed to treatment.
His legal counsel argued his problems stemmed from being detained for so long for a relatively minor offence
By Jerome Taylor
Wednesday, 28 September 2011
A Broadmoor patient who has spent nearly 25 years behind bars is still a danger to himself and the public according to testimony given during the first ever mental health tribunal to be heard in public.
Albert Haines, 52, is seeking to be discharged from Broadmoor Hospital after nearly a quarter of a century detained under the Mental Health Act at high- and medium-security facilities. He insists that doctors misdiagnosed him and that he would pose no threat to the public if he were to be released.
But Dr Jose Romero-Urcelay, a forensic psychiatrist at Broadmoor's personality disorder ward, told a tribunal yesterday that Mr Haines was still in need of psychiatric help – although he admitted he could feasibly be released within two years if he agreed to treatment.
Tuesday, September 27, 2011
Prison 'slopping out' case goes to high court
Prison 'slopping out' case goes to high court
Case could force government to foot bill for upgrading old prisons
Slopping out was officially abolished in UK prisons in 1996. Photograph: John Giles/Press Association Images
The Prison Service is fighting a legal case that could force the government to spend millions of pounds upgrading old jails.
Convicted paedophile Roger Gleaves claims the lack of an in-cell toilet was a breach of his human rights and has taken his case to the high court in London. Slopping out was officially abolished in the UK in 1996, but a watchdog warned last year that 2,000 cells across 10 prisons still had no in-cell sanitation, and the practice of using a bucket at night continues.
Gleaves, who served time at what is now Isle of Wight prison, claims his human rights were violated by having to use a bucket as a toilet in his cell. A prison service spokeswoman said: "The National Offender Management Service is robustly defending the claims."
Case could force government to foot bill for upgrading old prisons
The Prison Service is fighting a legal case that could force the government to spend millions of pounds upgrading old jails.
Convicted paedophile Roger Gleaves claims the lack of an in-cell toilet was a breach of his human rights and has taken his case to the high court in London. Slopping out was officially abolished in the UK in 1996, but a watchdog warned last year that 2,000 cells across 10 prisons still had no in-cell sanitation, and the practice of using a bucket at night continues.
Gleaves, who served time at what is now Isle of Wight prison, claims his human rights were violated by having to use a bucket as a toilet in his cell. A prison service spokeswoman said: "The National Offender Management Service is robustly defending the claims."
Monday, September 26, 2011
The forgotten victims denied closure
The forgotten victims denied closure
7 Proceedings.
(1)A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may—
(a)bring proceedings against the authority under this Act in the appropriate court or tribunal, or
(b)rely on the Convention right or rights concerned in any legal proceedings,but only if he is (or would be) a victim of the unlawful act.
Hirst v UK(No2), the Prisoners Votes Case, established convicted prisoners are victims of human rights abuses by the State.
Victims of crimes make a big deal about the need to get closure. When it comes to convicted prisoners who are victims, what about their need to get closure and prevent the State from continuing its unjustied human rights violations?
7 Proceedings.
(1)A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may—
(a)bring proceedings against the authority under this Act in the appropriate court or tribunal, or
(b)rely on the Convention right or rights concerned in any legal proceedings,but only if he is (or would be) a victim of the unlawful act.
Hirst v UK(No2), the Prisoners Votes Case, established convicted prisoners are victims of human rights abuses by the State.
Victims of crimes make a big deal about the need to get closure. When it comes to convicted prisoners who are victims, what about their need to get closure and prevent the State from continuing its unjustied human rights violations?
No LibDems and Tories sitting on this fence on prisoners votes!
No LibDems and Tories sitting on this fence on prisoners votes!
Prisoners' wages to help crime victims
Prisoners' wages to help crime victims
The wages of 500 prisoners who work in communities are to be cut and used to support victims of crime, the Ministry of Justice says.
The 40% pay cut will raise up to £1m a year for victim support services.
The policing minister said the move, which comes into force on Monday, would make offenders take personal responsibility for their crimes.
Ministers also want to target the wages of prisoners working inside jails, through new legislation.
Under the Prisoners' Earnings Act, 40% of prisoners' wages over £20 per week after tax, National Insurance and any court-ordered or child support payments, will be deducted and given to Victim Support.
But the average wage of offenders working in prison is £10 a week, so many would not face the deduction.
Policing Minister Nick Herbert said: "For too long the financial burden of repairing the damage done by crime has fallen to the taxpayer alone.
"Making offenders pay financial reparation to victims will require them to take personal responsibility for their crimes and go some way towards making redress to victims through the funding of crucial support services."
The majority of work done by prisoners in England and Wales involves the packaging and assembly of food, electrical components and other products for outside companies.
Some inmates are involved in prison laundry or printing workshops and there are also examples of charities running businesses within prisons, such as The Clink Restaurant at High Down in Surrey.
Prisoners eligible to work in the community would be those classified as "low risk" and nearing the end of their sentences in open prisons, according to the Howard League for Penal Reform. Mostly male, they are said often to work for firms in the decorating and construction sectors.
But Frances Crook, Howard League chief executive, suggested the deductions may now discourage inmates from working in the community before they are released.
"The proposals risk taking away the incentive for this group to work as they already pay tax and inevitably pay substantial travel costs to and from work, while the new bureaucracy will be burdensome for the businesses employing them on the outside," she said.
Ms Crook added: "We support the idea that prisoners are given the opportunity to work and pay taxes, contribute to the upkeep of their families and pay money to a fund for victims.
"But the focus should be on getting prisoners into paid work in prison itself, where the kind of deductions envisaged by the Prisoners Earnings Act could then be made."
'Make amends'
Prison Reform Trust director Juliet Lyons said the government measure was a good idea in principle but it was important prisoners were not put off working altogether.
She said: "It's always a problem if people leave prison with absolutely nothing. It's likely to cause further offending. And so a scheme like this has to be thought through carefully so that money is set aside for victims but that we also pay attention to resettlement."
Victim Support chief executive Javed Khan, said the money would be used "to deliver real, practical support for victims and communities".
"Getting prisoners working and developing workplace skills should help them on the path to reform," he said.
"This will be very much welcomed by victims as they are united in wanting offenders to stop committing crimes."
Victims' Commissioner Louise Casey added: "Victims want criminals to be punished for their crimes and make amends for the harm they have caused.
"I believe the principle of criminals contributing to the costs of support for victims should be extended, and am hopeful that the government will now extend the victims' surcharge that judges and magistrates impose such that it applies to all offenders."
Justice Secretary Ken Clarke told last year's Conservative Party conference that prisoners in England and Wales should work a 40-hour week.
He said the government was planning a major expansion of prison industries to get more inmates working.
Comment:
In my view a 40% Victim Tax upon convicted prisoners only makes those prisoners more victimised. Any contribution should be on a voluntary basis. Then there is the priciple of no taxation without representation, and as you know the government has yet to allow convicted prisoners to vote. The Association of Prisoners is totally opposed to this kind of exploitation as it is akin to slave labour.
The wages of 500 prisoners who work in communities are to be cut and used to support victims of crime, the Ministry of Justice says.
The 40% pay cut will raise up to £1m a year for victim support services.
The policing minister said the move, which comes into force on Monday, would make offenders take personal responsibility for their crimes.
Ministers also want to target the wages of prisoners working inside jails, through new legislation.
Under the Prisoners' Earnings Act, 40% of prisoners' wages over £20 per week after tax, National Insurance and any court-ordered or child support payments, will be deducted and given to Victim Support.
But the average wage of offenders working in prison is £10 a week, so many would not face the deduction.
Policing Minister Nick Herbert said: "For too long the financial burden of repairing the damage done by crime has fallen to the taxpayer alone.
"Making offenders pay financial reparation to victims will require them to take personal responsibility for their crimes and go some way towards making redress to victims through the funding of crucial support services."
The majority of work done by prisoners in England and Wales involves the packaging and assembly of food, electrical components and other products for outside companies.
Some inmates are involved in prison laundry or printing workshops and there are also examples of charities running businesses within prisons, such as The Clink Restaurant at High Down in Surrey.
Prisoners eligible to work in the community would be those classified as "low risk" and nearing the end of their sentences in open prisons, according to the Howard League for Penal Reform. Mostly male, they are said often to work for firms in the decorating and construction sectors.
But Frances Crook, Howard League chief executive, suggested the deductions may now discourage inmates from working in the community before they are released.
"The proposals risk taking away the incentive for this group to work as they already pay tax and inevitably pay substantial travel costs to and from work, while the new bureaucracy will be burdensome for the businesses employing them on the outside," she said.
Ms Crook added: "We support the idea that prisoners are given the opportunity to work and pay taxes, contribute to the upkeep of their families and pay money to a fund for victims.
"But the focus should be on getting prisoners into paid work in prison itself, where the kind of deductions envisaged by the Prisoners Earnings Act could then be made."
'Make amends'
Prison Reform Trust director Juliet Lyons said the government measure was a good idea in principle but it was important prisoners were not put off working altogether.
She said: "It's always a problem if people leave prison with absolutely nothing. It's likely to cause further offending. And so a scheme like this has to be thought through carefully so that money is set aside for victims but that we also pay attention to resettlement."
Victim Support chief executive Javed Khan, said the money would be used "to deliver real, practical support for victims and communities".
"Getting prisoners working and developing workplace skills should help them on the path to reform," he said.
"This will be very much welcomed by victims as they are united in wanting offenders to stop committing crimes."
Victims' Commissioner Louise Casey added: "Victims want criminals to be punished for their crimes and make amends for the harm they have caused.
"I believe the principle of criminals contributing to the costs of support for victims should be extended, and am hopeful that the government will now extend the victims' surcharge that judges and magistrates impose such that it applies to all offenders."
Justice Secretary Ken Clarke told last year's Conservative Party conference that prisoners in England and Wales should work a 40-hour week.
He said the government was planning a major expansion of prison industries to get more inmates working.
Comment:
In my view a 40% Victim Tax upon convicted prisoners only makes those prisoners more victimised. Any contribution should be on a voluntary basis. Then there is the priciple of no taxation without representation, and as you know the government has yet to allow convicted prisoners to vote. The Association of Prisoners is totally opposed to this kind of exploitation as it is akin to slave labour.
Broadmoor patient becomes first to have his appeal heard in public
Broadmoor patient becomes first to have his appeal heard in public
Albert Haines, who has been held under compulsion for 25 years, insists he is not mentally ill or dangerous
A man detained at Broadmoor high-security hospital has spoken of his "determination to get heard" ahead of becoming the first psychiatric patient to have an appeal against detention open to the public.
Albert Haines, 52, has been held under compulsion in Broadmoor and one other secure mental health unit for a total of 25 years. Psychiatrists argue he poses a danger to himself or others.
In a landmark ruling, his case will be discussed on Tuesday at a mental health tribunal open to the public and media.
Speaking from inside Broadmoor, Haines insists he is not mentally ill or dangerous and is in despair about the failure to be released from detention after more than two decades.
Haines, currently in a personality disorder unit, said: "Yes, I do have problems – but I do not have a mental illness. And I am not a danger to anyone.
"I have no faith in the mental health [services] and I have a determination to get heard. Some staff have been supportive of what I am doing and have wished me luck."
Haines was detained in Broadmoor in 1986 following two convictions of attempted wounding.
Albert Haines, who has been held under compulsion for 25 years, insists he is not mentally ill or dangerous
A man detained at Broadmoor high-security hospital has spoken of his "determination to get heard" ahead of becoming the first psychiatric patient to have an appeal against detention open to the public.
Albert Haines, 52, has been held under compulsion in Broadmoor and one other secure mental health unit for a total of 25 years. Psychiatrists argue he poses a danger to himself or others.
In a landmark ruling, his case will be discussed on Tuesday at a mental health tribunal open to the public and media.
Speaking from inside Broadmoor, Haines insists he is not mentally ill or dangerous and is in despair about the failure to be released from detention after more than two decades.
Haines, currently in a personality disorder unit, said: "Yes, I do have problems – but I do not have a mental illness. And I am not a danger to anyone.
"I have no faith in the mental health [services] and I have a determination to get heard. Some staff have been supportive of what I am doing and have wished me luck."
Haines was detained in Broadmoor in 1986 following two convictions of attempted wounding.
Sunday, September 25, 2011
My extended Polish family and other animals
My extended Polish family and other animals
When I was working in the 1960s and 1970s and took a holiday, after the break I was loathe to return back to work and on more than one occasion I would move on and get another job. Similarly with the recess in Parliament. During the holiday I scanned the newspapers and blogs in vain for something which stimulated me enough to write a serious blog post.
Then my 26 year old Polish friend Ilona stimulated me into action around the house when she cleaned my kitchen, bathroom and toilet. I bought a carpet and underlay and runner for the hallway. To enable me to lay the carpet I had first to remove the lounge carpet which was rolled up and had been in the hallway for about 3 years since my neighbours at number 6 gave it to me. The lounge carpet looks good after I vacuumed and shampooed it. Then I shampooed the 3 piece suite.
As my life started to pick up, Ilona said she was depressed working at the food factory and took 3 months sick leave. Then she did not want to go back and work there again and in spite of not finding another job terminated her employment with the agency. Meanwhile Ilona's sister Violetta and husband Arto and their children 15 year old Adrienne and 13 year old Norbert went for a holiday back to Poland. Ilona housesitted for them until they returned. Then Ilona announced that she intended to go back to Poland for an indefinite period. I think it was a crazy move. Tensions boiled over one evening in my house as Ilona and Violetta engaged in a verbal bitch fight. I felt uncomfortable. Then when Ilona went to the toilet Violetta broke down in tears and sobbed that the row was because she cared for her younger sister and was opposed to her returning to Poland.
National Accident Helpline renewed its contract for another 12 months of advertising on my blog, and I bought the Acer desktop on the recommendation of Alexsander, a Polish friend of Violetta and Arthur. This set me back £650.
Then I bought enough tanilised wood for a 6ft high fence to give me privacy and security out front. This cost over £300.
I decided to move my computer from the study/bedroom into the front room. As my desk would not fit in the alcove between the fireplace and bay window, I bought a computer desk from Argos which Arthur and Alexsander assembled for me. I also bought a step ladder because Liana "borrowed" mine and has not returned it. The two cost around £60.
I decided to upgrade my CCTV system from a black and white video recording to a colour digital video recorder and 12.1 inch colour flat screen monitor. These cost £150 each.
Last Sunday morning I went along with Alexander and Casha (his wife) and Violetta and Arthur to the Sunday Market (car boot sale) and bought a couple of pictures for £2 each. A print of Constable's The Hay Wain, and a water colour by Carole Anne Teasdale of an owl swooping down on a field or harvest mouse (eat your heart out Cherrypie!). Violetta and clan swear that it is a small rat...
In sum, I spent £2000 in 2 weeks!
Friday evening I had a barbecue in the front garden, and it was attended by Violetta and Arthur, Alexsander and Eddie (who is married to one of Violetta's sisters in Poland) and my new neighbours from the Congo who have just moved into number 4. There is a mother and 2 daughters (one of whom suggested I marry her mother, however I quite fancy the sister who made the suggestion).
On Saturday afternoon Arthur, Eddie, Alexsander and me carried a 3 piece suite I had bought for £45 from Dove Hospice. I objected to paying £12.50 delivery charge for a journey of about 500 yards. The Wood Shop only charged £5. My Congo neighbours asked for my old 3 piece suite and my Polish friends carried it into next door for them. In the evening Arthur and Violetta and me had another barbecue in the front garden.
Arthur whilst waiting for Alexander to take us all down to the Sunday Market took the chance for a photo opportunity on someone elses motortrike.
When I was working in the 1960s and 1970s and took a holiday, after the break I was loathe to return back to work and on more than one occasion I would move on and get another job. Similarly with the recess in Parliament. During the holiday I scanned the newspapers and blogs in vain for something which stimulated me enough to write a serious blog post.
Then my 26 year old Polish friend Ilona stimulated me into action around the house when she cleaned my kitchen, bathroom and toilet. I bought a carpet and underlay and runner for the hallway. To enable me to lay the carpet I had first to remove the lounge carpet which was rolled up and had been in the hallway for about 3 years since my neighbours at number 6 gave it to me. The lounge carpet looks good after I vacuumed and shampooed it. Then I shampooed the 3 piece suite.
As my life started to pick up, Ilona said she was depressed working at the food factory and took 3 months sick leave. Then she did not want to go back and work there again and in spite of not finding another job terminated her employment with the agency. Meanwhile Ilona's sister Violetta and husband Arto and their children 15 year old Adrienne and 13 year old Norbert went for a holiday back to Poland. Ilona housesitted for them until they returned. Then Ilona announced that she intended to go back to Poland for an indefinite period. I think it was a crazy move. Tensions boiled over one evening in my house as Ilona and Violetta engaged in a verbal bitch fight. I felt uncomfortable. Then when Ilona went to the toilet Violetta broke down in tears and sobbed that the row was because she cared for her younger sister and was opposed to her returning to Poland.
National Accident Helpline renewed its contract for another 12 months of advertising on my blog, and I bought the Acer desktop on the recommendation of Alexsander, a Polish friend of Violetta and Arthur. This set me back £650.
Then I bought enough tanilised wood for a 6ft high fence to give me privacy and security out front. This cost over £300.
I decided to move my computer from the study/bedroom into the front room. As my desk would not fit in the alcove between the fireplace and bay window, I bought a computer desk from Argos which Arthur and Alexsander assembled for me. I also bought a step ladder because Liana "borrowed" mine and has not returned it. The two cost around £60.
I decided to upgrade my CCTV system from a black and white video recording to a colour digital video recorder and 12.1 inch colour flat screen monitor. These cost £150 each.
Last Sunday morning I went along with Alexander and Casha (his wife) and Violetta and Arthur to the Sunday Market (car boot sale) and bought a couple of pictures for £2 each. A print of Constable's The Hay Wain, and a water colour by Carole Anne Teasdale of an owl swooping down on a field or harvest mouse (eat your heart out Cherrypie!). Violetta and clan swear that it is a small rat...
In sum, I spent £2000 in 2 weeks!
Friday evening I had a barbecue in the front garden, and it was attended by Violetta and Arthur, Alexsander and Eddie (who is married to one of Violetta's sisters in Poland) and my new neighbours from the Congo who have just moved into number 4. There is a mother and 2 daughters (one of whom suggested I marry her mother, however I quite fancy the sister who made the suggestion).
On Saturday afternoon Arthur, Eddie, Alexsander and me carried a 3 piece suite I had bought for £45 from Dove Hospice. I objected to paying £12.50 delivery charge for a journey of about 500 yards. The Wood Shop only charged £5. My Congo neighbours asked for my old 3 piece suite and my Polish friends carried it into next door for them. In the evening Arthur and Violetta and me had another barbecue in the front garden.
Wednesday, September 21, 2011
Prisoner votes and the democratic deficit: A response
Prisoner votes and the democratic deficit: A response
Adam Wagner on UK Human Rights blog writes Prisoner votes and the democratic deficit
Comment:
There is a democratic deficit in this country. That is, convicted prisoners being denied the vote. As Lord Woolf has said, “There is a lack of justice in prisons”. Given that prisons are part of the criminal justice system, this state of affairs in 2011 beggars belief. Kenneth Clarke is the Secretary of State for Justice and Lord Chancellor. Legally, the buck stops with him. Notwithstanding that the Coalition agreement sought to pass the buck to Nick Clegg, the LibDems, and the Cabinet Office. It would appear that Kenneth Clarke is exercising power without responsibility. This practice began under Charles Falconer and continued under Jack Straw.
Adam has used the word implementation when it’s non implementation that is the issue. The UK has deliberately ignored fully complying with the Hirst v UK (No2) judgment. On the day following the judgment The Sun comment suggested that it should be ignored. By following The Sun’s advice instead of the ECtHR decision the UK is now in deep trouble. In 2006 the Republic of Ireland changed their law to allow all convicted prisoners to vote. In their Parliament it was stated that by so doing they were fully complying with the judgment. All it requires is a change of the law.
This requires a change in the will of Parliament from inaction to action.
Corruption cannot be tolerated whether it is by MPs and Lords, the Executive, Parliament and Judiciary. It even extends to the Council of Europe, Committee of Ministers and ECtHR.
Hirst is first, Frodl second, Greens third, and coming in last is Scoppola. Adam refers to the correspondence in relation to the latter. Hirst is the leading case. Frodl refers to the Hirst test. The UK sought to abuse due process by appealing against Hirst in an appeal against Greens. The Grand Chamber was right to reject this approach and gave the UK 6 months to bring forward proposals to amend the law. Now the UK is again seeking to appeal against Hirst in Scoppola. What appears to be getting forgotten is that the UK is under an obliation to abide by the Convention and abide by the Court’s decisions and this includes Hirst. The correspondence does not release the UK from its obligation to fully comply with Hirst. If this was the case, the Registrar would be higher in authority than the Grand Chamber.
The FCO represented the UK in Hirst and lost. The Grand Chamber rejected an appeal in Frodl, therefore the Hirst test is the leading authority. It is totally irrelevant that the FCO states that the government believes Frodl is inconsistent with the Hirst test. The Grand Chamber has already ruled that the Hirst test stands. It remains for the UK to fully comply with the judgment in Hirst.
Justice delayed is justice denied. It beggars belief that “the Chamber cannot contemplate any further unnecessary delay”, and then some jumped up clerk decides to give the UK another 6 months of unnecessary delay with fully complying with Greens. The problem is that according to the rules decisions of the Court are required to be fully complied with within 6 months! Hirst has been ignored now for over 6 years! This whole period has been unnecessary, and cannot be legally, politically and morally justified.
Justice is denied when on the one scale is the ECtHR decision in Hirst and on the other scale is David Cameron saying the thought of prisoners votes makes him physically ill, and Parliament puts its grubby finger down on Cameron’s side. Expenses fiddlers lack integrity.
The UK is conveniently forgetting that it is the Council of Europe’s and not the UK’s interpretation of Hirst which is final. Ever since Charles Falconer told the World at One what his interpretation of the judgment was the UK has followed this instead of following the CofE’s interpretation. Frodl merely reiterated the Hirst test. My understanding of the judgment in my case is in accord with that of the CofE. That is, the vast majority of convicted prisoners should get the vote. This is in accord with Article 1 and Article 3 of the First Protocol of the Convention.
It would also appear that the UK misunderstands the subsidiarity principle. Joshua Rozenberg was being economical with the truth in his article. That is not to say that he was lying, just that it was short of the truth, the whole truth and nothing but the truth.
Kenneth Clarke is cherrypicking from the Interlaken process. His tunnel vision sees only reform of the ECtHR. He is conveniently blind to the reform required by Member States, and the sanctions which can be imposed upon rogue or pariah States. Such a State would be one which failed to ensure human rights, democracy and rule of law. These objectives found the base upon which the Hirst test rests. In case you are in any doubt, that is the high moral ground.
It is not up to Adam to set the pace of the Council of Europe’s agenda. The Forfeiture Act 1870 through the CofE’s history to Hirst in 2005 is hardly too much too fast. Frodl clarified the Hirst test. If Frodl is weakened it would weaken Hirst and if the Court did this it would lose its hard fought for and won legitimacy. It is not for a Member State which has been found guilty of human rights violation to dictate that the Court changes its decision. The responsibility, as Kenneth Clarke has admitted rests with the Member State to abide by the Convention and Court decisions. It is not a question of the Court falling out with Italy and the UK, The rules are clear, toe the line or leave the Council of Europe and European Union.
This problem, contrary to what Adam states, is not of the Court’s own making. It is my creation and I claim full credit for it. I did not study law just to put a piece of paper on the wall and make money from my studies. Rather I saw the law from the sharp end and turned the weapon around to give Parliament a taste of its own medicine. It might be called Community Payback. Or revenge is a dish best served cold. In any event, I am glad that my studies meant that I could beat the system. Eton/Harrow and Oxbridge v The University of Crime. The law is there both to punish and protect. Convicted prisoners have been punished by the court sentence, now the law has the duty to protect the most vulnerable group in society.
Adam Wagner on UK Human Rights blog writes Prisoner votes and the democratic deficit
Comment:
There is a democratic deficit in this country. That is, convicted prisoners being denied the vote. As Lord Woolf has said, “There is a lack of justice in prisons”. Given that prisons are part of the criminal justice system, this state of affairs in 2011 beggars belief. Kenneth Clarke is the Secretary of State for Justice and Lord Chancellor. Legally, the buck stops with him. Notwithstanding that the Coalition agreement sought to pass the buck to Nick Clegg, the LibDems, and the Cabinet Office. It would appear that Kenneth Clarke is exercising power without responsibility. This practice began under Charles Falconer and continued under Jack Straw.
Adam has used the word implementation when it’s non implementation that is the issue. The UK has deliberately ignored fully complying with the Hirst v UK (No2) judgment. On the day following the judgment The Sun comment suggested that it should be ignored. By following The Sun’s advice instead of the ECtHR decision the UK is now in deep trouble. In 2006 the Republic of Ireland changed their law to allow all convicted prisoners to vote. In their Parliament it was stated that by so doing they were fully complying with the judgment. All it requires is a change of the law.
This requires a change in the will of Parliament from inaction to action.
Corruption cannot be tolerated whether it is by MPs and Lords, the Executive, Parliament and Judiciary. It even extends to the Council of Europe, Committee of Ministers and ECtHR.
Hirst is first, Frodl second, Greens third, and coming in last is Scoppola. Adam refers to the correspondence in relation to the latter. Hirst is the leading case. Frodl refers to the Hirst test. The UK sought to abuse due process by appealing against Hirst in an appeal against Greens. The Grand Chamber was right to reject this approach and gave the UK 6 months to bring forward proposals to amend the law. Now the UK is again seeking to appeal against Hirst in Scoppola. What appears to be getting forgotten is that the UK is under an obliation to abide by the Convention and abide by the Court’s decisions and this includes Hirst. The correspondence does not release the UK from its obligation to fully comply with Hirst. If this was the case, the Registrar would be higher in authority than the Grand Chamber.
The FCO represented the UK in Hirst and lost. The Grand Chamber rejected an appeal in Frodl, therefore the Hirst test is the leading authority. It is totally irrelevant that the FCO states that the government believes Frodl is inconsistent with the Hirst test. The Grand Chamber has already ruled that the Hirst test stands. It remains for the UK to fully comply with the judgment in Hirst.
Justice delayed is justice denied. It beggars belief that “the Chamber cannot contemplate any further unnecessary delay”, and then some jumped up clerk decides to give the UK another 6 months of unnecessary delay with fully complying with Greens. The problem is that according to the rules decisions of the Court are required to be fully complied with within 6 months! Hirst has been ignored now for over 6 years! This whole period has been unnecessary, and cannot be legally, politically and morally justified.
Justice is denied when on the one scale is the ECtHR decision in Hirst and on the other scale is David Cameron saying the thought of prisoners votes makes him physically ill, and Parliament puts its grubby finger down on Cameron’s side. Expenses fiddlers lack integrity.
The UK is conveniently forgetting that it is the Council of Europe’s and not the UK’s interpretation of Hirst which is final. Ever since Charles Falconer told the World at One what his interpretation of the judgment was the UK has followed this instead of following the CofE’s interpretation. Frodl merely reiterated the Hirst test. My understanding of the judgment in my case is in accord with that of the CofE. That is, the vast majority of convicted prisoners should get the vote. This is in accord with Article 1 and Article 3 of the First Protocol of the Convention.
It would also appear that the UK misunderstands the subsidiarity principle. Joshua Rozenberg was being economical with the truth in his article. That is not to say that he was lying, just that it was short of the truth, the whole truth and nothing but the truth.
Kenneth Clarke is cherrypicking from the Interlaken process. His tunnel vision sees only reform of the ECtHR. He is conveniently blind to the reform required by Member States, and the sanctions which can be imposed upon rogue or pariah States. Such a State would be one which failed to ensure human rights, democracy and rule of law. These objectives found the base upon which the Hirst test rests. In case you are in any doubt, that is the high moral ground.
It is not up to Adam to set the pace of the Council of Europe’s agenda. The Forfeiture Act 1870 through the CofE’s history to Hirst in 2005 is hardly too much too fast. Frodl clarified the Hirst test. If Frodl is weakened it would weaken Hirst and if the Court did this it would lose its hard fought for and won legitimacy. It is not for a Member State which has been found guilty of human rights violation to dictate that the Court changes its decision. The responsibility, as Kenneth Clarke has admitted rests with the Member State to abide by the Convention and Court decisions. It is not a question of the Court falling out with Italy and the UK, The rules are clear, toe the line or leave the Council of Europe and European Union.
This problem, contrary to what Adam states, is not of the Court’s own making. It is my creation and I claim full credit for it. I did not study law just to put a piece of paper on the wall and make money from my studies. Rather I saw the law from the sharp end and turned the weapon around to give Parliament a taste of its own medicine. It might be called Community Payback. Or revenge is a dish best served cold. In any event, I am glad that my studies meant that I could beat the system. Eton/Harrow and Oxbridge v The University of Crime. The law is there both to punish and protect. Convicted prisoners have been punished by the court sentence, now the law has the duty to protect the most vulnerable group in society.
Tuesday, September 20, 2011
Why ex-offenders should be given a role in cutting youth crime
Why ex-offenders should be given a role in cutting youth crime
Ex-prisoners have a lot to teach young people and will be listened to, says Stewart Dakers
Ex-prisoners know the streets, the youth on them, and what is in their heads. Photograph: Peter Macdiarmid/Getty images
As the justice system struggles to address youth crime, there is one resource which could do more to retrieve and reform young people, to divert them from crime, and to restore a positive attitude in them than a dozen public enquiries and a battalion of QCs.
The people who know the streets, the youth on them, and what is in their heads, are people who have been there themselves, ex-prisoners. Yet they are never consulted.
Ex-prisoners have a lot to teach young people and will be listened to, says Stewart Dakers
As the justice system struggles to address youth crime, there is one resource which could do more to retrieve and reform young people, to divert them from crime, and to restore a positive attitude in them than a dozen public enquiries and a battalion of QCs.
The people who know the streets, the youth on them, and what is in their heads, are people who have been there themselves, ex-prisoners. Yet they are never consulted.
Expenses fraud MP freed
Expenses fraud MP freed
By Wesley Johnson and Jennifer Cockerell
Former environment minister Elliot Morley has been freed from prison after serving a quarter of his 16-month sentence for fiddling his parliamentary expenses, sources said.
Morley, who claimed more than £30,000 in bogus mortgage payments relating to his home in Winterton, near Scunthorpe, North Lincolnshire, between 2004 and 2007, was released from Ford open prison, near Arundel, West Sussex, early this morning.
By Wesley Johnson and Jennifer Cockerell
Former environment minister Elliot Morley has been freed from prison after serving a quarter of his 16-month sentence for fiddling his parliamentary expenses, sources said.
Morley, who claimed more than £30,000 in bogus mortgage payments relating to his home in Winterton, near Scunthorpe, North Lincolnshire, between 2004 and 2007, was released from Ford open prison, near Arundel, West Sussex, early this morning.
Milly Dowler family demand hush money!
Milly Dowler family demand hush money!
Who wants to be millionaires? We do. Sally Dowler, far left, Gemma Dowler and Bob Dowler, after meeting with Rupert Murdoch
It is an obscene amount of money.
It is obscene that Milly Dowler's family are trying to make as much money as they can out of Milly having been murdered.
The Daily Telegraph headline reports Phone hacking: Milly Dowler's family accept £3m damages from News International
However the article ends by stating 'News International confirms it is in advanced negotiations with the Dowler family regarding their compensation settlement. No final agreement has yet been reached, but we hope to conclude the discussions as quickly as possible.'
There is a clear discrepancy between the claim in the headline and the last paragraph.
It is tragic what happened to Milly Dowler. It is also tragic that her family are seeking hush money.
It is an obscene amount of money.
It is obscene that Milly Dowler's family are trying to make as much money as they can out of Milly having been murdered.
The Daily Telegraph headline reports Phone hacking: Milly Dowler's family accept £3m damages from News International
However the article ends by stating 'News International confirms it is in advanced negotiations with the Dowler family regarding their compensation settlement. No final agreement has yet been reached, but we hope to conclude the discussions as quickly as possible.'
There is a clear discrepancy between the claim in the headline and the last paragraph.
It is tragic what happened to Milly Dowler. It is also tragic that her family are seeking hush money.
Monday, September 19, 2011
80 Million Disenfranchised and Disinterested Americans Didn't Vote In '08. What Portends for 2012?
80 Million Disenfranchised and Disinterested Americans Didn't Vote In '08. What Portends for 2012?
By Pearl Korn, Huffington Post
The Middle East Spring (and Summer) has signaled a region coming of age, as revolutions spread and brutal regimes topple -- a people's revolution that continues to unfold before our eyes. Meanwhile, America remains bogged down in Iraq and Afghanistan, trying to prop up weak and unpopular governments while defending them against seemingly endless insurgencies. If only the Iraqi and Afghan people could have been allowed to determine their own national destinies like their brothers and sisters in Libya, Egypt, Syria, Iran, Yemen and elsewhere. Both they and we would have been the better for it.
While the Middle East struggles to throw off the weight of tyranny, we in America watch as our own democracy crashes and burns. Our non-functioning government has arguably been overthrown by an extremist, nutsy, well-financed fringe group that has seized control of the agenda and debate in DC, holding our country hostage. If we have any chance at repairing our broken-down government, we must mobilize the 75 million Americans who, in 2008, wasted the most powerful right our nation's founders fought so hard to secure for them -- the right to vote.
Even if only a small percentage of that number were to wake up and smell the Tea Party, we could retake our country in a flash. Clearly the power would be in the numbers and would have a crushing effect on the special interests now clearly controlling Congress and our president. This would be a quiet revolution that wrests control of our government from "We the Corporations" and returns it to "We the People." But we must come up with a compelling narrative to answer the nagging question that seems to be at the heart of everything American these days: "What's in it for me?"
People don't vote for a variety of reasons: they claim to be too busy, not interested in politics, or feel that their government doesn't care about them, instead being owned by the rich and powerful. All of this, of course, is aided and abetted by a corporate media that keeps folks misinformed and ignorant with its avoidance of substance, outright lies and endless doses of trivia and escapist nonsense.
A few years ago we saw the Rock The Vote campaign bring out unprecedented numbers to vote, many first-timers and young people. Unfortunately, a large number of those same voters are now turned off, angry and bitter about an unresponsive government that doesn't connect with them or address their concerns. We recall the up-tick in voting for Obama in 2008, when he inspired large numbers of young people to vote for the first time. Yet only 63.6% of all eligible voters voted, while 89.6% of all registered voters did vote in the presidential election, an impressive turnout. Obama's victory was achieved despite irregularities and downright fraud at the polls in various states like Florida, Indiana and Ohio, with excessively long lines, broken machines or not enough machines, votes "mysteriously" flipped by machine "errors," ID fraud, robo-calls and purging of voters' names. Let us also not forget that ACORN was discredited and destroyed after doing great voter registration work in 2008 -- the enemies of democracy will stop at nothing to crush the opposition.
Of course, we still bitterly remember the boldest theft of an election in 2000, when the Presidency was stolen from Al Gore. We can expect a bigger bag of tricks and blatantly fraudulent behavior from the ethically-challenged right wing in 2012. The prime targets of all of this Jim Crow-ism are the uneducated, the poor and minorities, especially African-Americans. Even here in supposedly progressive New York, a despicable practice has been on the books for years in which inmates at upstate prisons are counted as members of those communities to inflate population numbers and ensure Republican representation in the Assembly, State Senate and Congress. Meanwhile, these "upstate residents" are removed from voting altogether in their own home districts.
In most states, convicts lose their right to vote even after serving their sentences or are let out on probation, with disenfranchisement among African-American ex-offenders running as high as 40% as they lose the right to vote permanently, which leaves 1.4 million men in the African American community disenfranchised. In 2009, New York's Rockefeller Drug Laws -- some of the harshest in the country and long considered inherently racist by opponents -- were finally repealed after 36 years of ferocious legal battles. A new day in jurisprudence was born for those especially young first-time offenders caught with small amounts of drugs, who are now sent to Drug Courts, which can refer them for treatment instead of prison.
5.3 million Americans are denied the right to vote because of state laws that prohibit people with felony convictions from voting. In the past 15 years, almost half of all states have introduced some felony reform, and since then 800,000 have regained the right to vote. Much more needs to be done, and before leaving the Senate, Russ Feingold, along with Rep. John Conyers (D-MI) introduced The Democracy Restoration Act, which would restore voting rights nationally to everyone released from prison. It should be noted that more than 60% of those in prison are racial and ethnic minorities, and 3/4 of all persons in prison for drug offenses are people of color. 1 in 8 African-American males are in prison due to the "war on drugs," leaving 13% of all African-American men unable to vote.
The Sentencing Project sent a letter on September 7th to the Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights requesting them to review felony disenfranchisement laws during a hearing to review recent voter suppression. The Sentencing Project, which has worked on these issues for 25 years, urged the Subcommittee to consider the impact of felony disenfranchisement and to support reform. Meanwhile, only Vermont and Maine allow prisoners to vote while in prison. What incentive is there for a released prisoner to become a part of society and their community again when they are punished twice, once for the crime and again by being removed from the electoral process that would benefit them and their family?
I'll never forget the summer of '04 when I worked for a Congressional campaign in my district in New York City. A couple approached us outside a supermarket and the man said, "My wife votes and I can't." I asked him why, and he answered that he was an ex-convict and couldn't vote and he wanted to vote. A deep sadness registered on his face. I tried to assure him that one day that would change and that a debate in Albany was currently going on about overturning the Rockefeller Drug Laws. He mentioned his was a drug offense. Voter education should be a part of the rehabilitation programs in prisons, aiding the incarcerated in re-assimilating to society as one who has a stake in the affairs of their community and government.
How else can we bring in more eligible voters to register and vote? Right now, only 12 states have automatic registering to vote attached to applications at the Motor Vehicle Bureau. Obviously, Motor Vehicle departments in every state should do this. Hey, we can donate organs in this way, so why not register voters, too? In some European countries, people are fined for not voting -- now there's a win-win for our democracy and budget woes! Town Hall gatherings with members of Congress educating their constituents on what it means to vote should be a part of every Congressmember's job description, not just to enroll new voters in their communities but also to demonstrate firsthand the value of the democratic process. Their staffs and volunteers should go to farmers markets, malls, county fairs and anywhere large crowds gather to hand out registration cards. Voter seminars on America's voting history and why the vote is so important could also be conducted at libraries, YMCA's, houses of worship and community centers. The possibilities are endless.
Voter registration forms can currently be found in libraries, Congressional district offices and other government agency offices, as well as at the post office. The DNC could certainly help as well: advertise, educate, and promote voter sign-ups all year long, in conjunction with the state Democratic parties. Galvanize an army of volunteers from progressive advocacy organizations to work crowded venues and sign folks up. They would jump at the prospects of joining a revolution of people power to take our government back. We should also implement early voting and mail ballots nationally, which could help bail out a post office system currently going into insolvency.
As the 2012 Presidential campaign heads into high gear, we must engage these eligible non-voters who are young, uneducated and economically deprived. Of course, the GOP wants to continue to exclude this very segment of the population, for they would embrace a government that provides them with a hand up to improve their lives. So, DNC, here is your golden opportunity to make your case to enroll new members into the party.
We must be vigilant and act to protect the voting process as we would protect against any terrorist attack, and to assure that all Americans have the right to vote -- our most basic and most important responsibility as citizens.
With Jonathan Stone
By Pearl Korn, Huffington Post
The Middle East Spring (and Summer) has signaled a region coming of age, as revolutions spread and brutal regimes topple -- a people's revolution that continues to unfold before our eyes. Meanwhile, America remains bogged down in Iraq and Afghanistan, trying to prop up weak and unpopular governments while defending them against seemingly endless insurgencies. If only the Iraqi and Afghan people could have been allowed to determine their own national destinies like their brothers and sisters in Libya, Egypt, Syria, Iran, Yemen and elsewhere. Both they and we would have been the better for it.
While the Middle East struggles to throw off the weight of tyranny, we in America watch as our own democracy crashes and burns. Our non-functioning government has arguably been overthrown by an extremist, nutsy, well-financed fringe group that has seized control of the agenda and debate in DC, holding our country hostage. If we have any chance at repairing our broken-down government, we must mobilize the 75 million Americans who, in 2008, wasted the most powerful right our nation's founders fought so hard to secure for them -- the right to vote.
Even if only a small percentage of that number were to wake up and smell the Tea Party, we could retake our country in a flash. Clearly the power would be in the numbers and would have a crushing effect on the special interests now clearly controlling Congress and our president. This would be a quiet revolution that wrests control of our government from "We the Corporations" and returns it to "We the People." But we must come up with a compelling narrative to answer the nagging question that seems to be at the heart of everything American these days: "What's in it for me?"
People don't vote for a variety of reasons: they claim to be too busy, not interested in politics, or feel that their government doesn't care about them, instead being owned by the rich and powerful. All of this, of course, is aided and abetted by a corporate media that keeps folks misinformed and ignorant with its avoidance of substance, outright lies and endless doses of trivia and escapist nonsense.
A few years ago we saw the Rock The Vote campaign bring out unprecedented numbers to vote, many first-timers and young people. Unfortunately, a large number of those same voters are now turned off, angry and bitter about an unresponsive government that doesn't connect with them or address their concerns. We recall the up-tick in voting for Obama in 2008, when he inspired large numbers of young people to vote for the first time. Yet only 63.6% of all eligible voters voted, while 89.6% of all registered voters did vote in the presidential election, an impressive turnout. Obama's victory was achieved despite irregularities and downright fraud at the polls in various states like Florida, Indiana and Ohio, with excessively long lines, broken machines or not enough machines, votes "mysteriously" flipped by machine "errors," ID fraud, robo-calls and purging of voters' names. Let us also not forget that ACORN was discredited and destroyed after doing great voter registration work in 2008 -- the enemies of democracy will stop at nothing to crush the opposition.
Of course, we still bitterly remember the boldest theft of an election in 2000, when the Presidency was stolen from Al Gore. We can expect a bigger bag of tricks and blatantly fraudulent behavior from the ethically-challenged right wing in 2012. The prime targets of all of this Jim Crow-ism are the uneducated, the poor and minorities, especially African-Americans. Even here in supposedly progressive New York, a despicable practice has been on the books for years in which inmates at upstate prisons are counted as members of those communities to inflate population numbers and ensure Republican representation in the Assembly, State Senate and Congress. Meanwhile, these "upstate residents" are removed from voting altogether in their own home districts.
In most states, convicts lose their right to vote even after serving their sentences or are let out on probation, with disenfranchisement among African-American ex-offenders running as high as 40% as they lose the right to vote permanently, which leaves 1.4 million men in the African American community disenfranchised. In 2009, New York's Rockefeller Drug Laws -- some of the harshest in the country and long considered inherently racist by opponents -- were finally repealed after 36 years of ferocious legal battles. A new day in jurisprudence was born for those especially young first-time offenders caught with small amounts of drugs, who are now sent to Drug Courts, which can refer them for treatment instead of prison.
5.3 million Americans are denied the right to vote because of state laws that prohibit people with felony convictions from voting. In the past 15 years, almost half of all states have introduced some felony reform, and since then 800,000 have regained the right to vote. Much more needs to be done, and before leaving the Senate, Russ Feingold, along with Rep. John Conyers (D-MI) introduced The Democracy Restoration Act, which would restore voting rights nationally to everyone released from prison. It should be noted that more than 60% of those in prison are racial and ethnic minorities, and 3/4 of all persons in prison for drug offenses are people of color. 1 in 8 African-American males are in prison due to the "war on drugs," leaving 13% of all African-American men unable to vote.
The Sentencing Project sent a letter on September 7th to the Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights requesting them to review felony disenfranchisement laws during a hearing to review recent voter suppression. The Sentencing Project, which has worked on these issues for 25 years, urged the Subcommittee to consider the impact of felony disenfranchisement and to support reform. Meanwhile, only Vermont and Maine allow prisoners to vote while in prison. What incentive is there for a released prisoner to become a part of society and their community again when they are punished twice, once for the crime and again by being removed from the electoral process that would benefit them and their family?
I'll never forget the summer of '04 when I worked for a Congressional campaign in my district in New York City. A couple approached us outside a supermarket and the man said, "My wife votes and I can't." I asked him why, and he answered that he was an ex-convict and couldn't vote and he wanted to vote. A deep sadness registered on his face. I tried to assure him that one day that would change and that a debate in Albany was currently going on about overturning the Rockefeller Drug Laws. He mentioned his was a drug offense. Voter education should be a part of the rehabilitation programs in prisons, aiding the incarcerated in re-assimilating to society as one who has a stake in the affairs of their community and government.
How else can we bring in more eligible voters to register and vote? Right now, only 12 states have automatic registering to vote attached to applications at the Motor Vehicle Bureau. Obviously, Motor Vehicle departments in every state should do this. Hey, we can donate organs in this way, so why not register voters, too? In some European countries, people are fined for not voting -- now there's a win-win for our democracy and budget woes! Town Hall gatherings with members of Congress educating their constituents on what it means to vote should be a part of every Congressmember's job description, not just to enroll new voters in their communities but also to demonstrate firsthand the value of the democratic process. Their staffs and volunteers should go to farmers markets, malls, county fairs and anywhere large crowds gather to hand out registration cards. Voter seminars on America's voting history and why the vote is so important could also be conducted at libraries, YMCA's, houses of worship and community centers. The possibilities are endless.
Voter registration forms can currently be found in libraries, Congressional district offices and other government agency offices, as well as at the post office. The DNC could certainly help as well: advertise, educate, and promote voter sign-ups all year long, in conjunction with the state Democratic parties. Galvanize an army of volunteers from progressive advocacy organizations to work crowded venues and sign folks up. They would jump at the prospects of joining a revolution of people power to take our government back. We should also implement early voting and mail ballots nationally, which could help bail out a post office system currently going into insolvency.
As the 2012 Presidential campaign heads into high gear, we must engage these eligible non-voters who are young, uneducated and economically deprived. Of course, the GOP wants to continue to exclude this very segment of the population, for they would embrace a government that provides them with a hand up to improve their lives. So, DNC, here is your golden opportunity to make your case to enroll new members into the party.
We must be vigilant and act to protect the voting process as we would protect against any terrorist attack, and to assure that all Americans have the right to vote -- our most basic and most important responsibility as citizens.
With Jonathan Stone
Saturday, September 17, 2011
Stop the corruption in the UK and Europe now!
Stop the corruption in the UK and Europe now!
Execution of Judgments of the European Court of Human Rights
Respect of the European Convention for the Protection of Human Rights and Fundamental Freedoms and, in particular, of the European Court of Human Rights's judgments, is a crucial element of the Council of Europe's system for the protection of human rights, rule of law and democracy and, hence, for democratic stability and European unification.
My understanding is that you cannot command and demand respect, it has to be earned. The UK does not respect the Convention, Court, Council of Europe and Committee of Ministers. I say this because of the UK's lack of action to fully comply with the Court's decision in Hirst v UK (No2), the Prisoners Votes Case.
On 10/6/2011 the Committee of Ministers did not supervise execution of the judgment. Instead the CoM allowed the UK to fob it off with a statement that the UK was seeking to appeal against Greens and MT v UK to the Grand Chamber. The GC rejected this appeal.
Now the UK has stated that it wishes to join in the appeal to the Grand Chamber in Scoppola v Italy.
My case is supposed to be subject to enhanced supervision, but as I have pointed out above no kind of supervision has taken place. The link below shows all the cases subject to supervision at the latest Human Rights meeting. I am disappointed to note that once again my case has failed to be supervised by the CoM.
Committee of Ministers: decisions on execution of European Court of Human Rights judgments
[16/09/2011] The Committee of Ministers of the Council of Europe published today the decisions and resolutions adopted at its third special human rights meeting for 2011. More information on the execution process and on the state of execution in cases pending for supervision as well as important reference texts (including the new working methods) can be found on the website of the Committee of Ministers, on the special website of the Department for the execution of the judgments of the European Court of Human Rights, and in the Committee of Ministers’ Annual Reports on its execution supervision.
There is a lack of human rights protection and justice for prisoners in the UK. Moreover because of the lack of oversight and enforcement in Europe, prisoners in the UK are denied protection in Europe.
Human Rghts, Democracy and Rule of Law for prisoners in the UK are meaningless words whilstever the corruption that allows these words to mean nothing is allowed to continue. There needs to be an effective remedy.
Execution of Judgments of the European Court of Human Rights
Respect of the European Convention for the Protection of Human Rights and Fundamental Freedoms and, in particular, of the European Court of Human Rights's judgments, is a crucial element of the Council of Europe's system for the protection of human rights, rule of law and democracy and, hence, for democratic stability and European unification.
My understanding is that you cannot command and demand respect, it has to be earned. The UK does not respect the Convention, Court, Council of Europe and Committee of Ministers. I say this because of the UK's lack of action to fully comply with the Court's decision in Hirst v UK (No2), the Prisoners Votes Case.
On 10/6/2011 the Committee of Ministers did not supervise execution of the judgment. Instead the CoM allowed the UK to fob it off with a statement that the UK was seeking to appeal against Greens and MT v UK to the Grand Chamber. The GC rejected this appeal.
Now the UK has stated that it wishes to join in the appeal to the Grand Chamber in Scoppola v Italy.
My case is supposed to be subject to enhanced supervision, but as I have pointed out above no kind of supervision has taken place. The link below shows all the cases subject to supervision at the latest Human Rights meeting. I am disappointed to note that once again my case has failed to be supervised by the CoM.
Committee of Ministers: decisions on execution of European Court of Human Rights judgments
[16/09/2011] The Committee of Ministers of the Council of Europe published today the decisions and resolutions adopted at its third special human rights meeting for 2011. More information on the execution process and on the state of execution in cases pending for supervision as well as important reference texts (including the new working methods) can be found on the website of the Committee of Ministers, on the special website of the Department for the execution of the judgments of the European Court of Human Rights, and in the Committee of Ministers’ Annual Reports on its execution supervision.
There is a lack of human rights protection and justice for prisoners in the UK. Moreover because of the lack of oversight and enforcement in Europe, prisoners in the UK are denied protection in Europe.
Human Rghts, Democracy and Rule of Law for prisoners in the UK are meaningless words whilstever the corruption that allows these words to mean nothing is allowed to continue. There needs to be an effective remedy.
Riot remands could force reopening of run-down prison wings
Riot remands could force reopening of run-down prison wings
Prison service considers reopening mothballed cells or opening new prison early as inmate numbers break last week's record
Prison service chiefs are considering reopening dilapidated prison wings to cope with a new record high in the jail population in England and Wales.
Prison numbers, swollen by a tough approach to remanding alleged rioters in custody, hit 87,120 on Friday – 278 higher than last week's record high of 86,842.
Ministry of Justice figures showed that the record prison population for the second week running left prison chiefs with only 1,600 spare places in the system.
A spokesman for the prison service said it was in an unprecedented situation. "We currently have enough prison places for those being remanded and sentenced to custody as a result of public disorder. We are developing contingencies to increase usable capacity should further pressure be placed on the prison estate," he said.
The options being looked at included reopening a dilapidated wing at Lewes jail, East Sussex, which had been closed and mothballed pending its refurbishment, and opening accommodation earlier than expected at the new Isis prison, next to Belmarsh in south-east London.
Prison service considers reopening mothballed cells or opening new prison early as inmate numbers break last week's record
Prison service chiefs are considering reopening dilapidated prison wings to cope with a new record high in the jail population in England and Wales.
Prison numbers, swollen by a tough approach to remanding alleged rioters in custody, hit 87,120 on Friday – 278 higher than last week's record high of 86,842.
Ministry of Justice figures showed that the record prison population for the second week running left prison chiefs with only 1,600 spare places in the system.
A spokesman for the prison service said it was in an unprecedented situation. "We currently have enough prison places for those being remanded and sentenced to custody as a result of public disorder. We are developing contingencies to increase usable capacity should further pressure be placed on the prison estate," he said.
The options being looked at included reopening a dilapidated wing at Lewes jail, East Sussex, which had been closed and mothballed pending its refurbishment, and opening accommodation earlier than expected at the new Isis prison, next to Belmarsh in south-east London.
Friday, September 16, 2011
Norway's mass killer caught on CCTV just before bomb blast
Norway's mass killer caught on CCTV just before bomb blast
A chilling cctv shot of mass murderer Anders Behring Breivik clad in black police combat gear, a helmet and brandishing a pistol as he walked away from planting bombs in Norway's capital Olso last July, was published by the country's ABC Nyheter newspaper yesterday.
A chilling cctv shot of mass murderer Anders Behring Breivik clad in black police combat gear, a helmet and brandishing a pistol as he walked away from planting bombs in Norway's capital Olso last July, was published by the country's ABC Nyheter newspaper yesterday.
Thursday, September 15, 2011
N.W.T. inmates can cast ballots in jail
N.W.T. inmates can cast ballots in jail
Canada
CBC News
Posted: Sep 15, 2011 9:53 AM MT
Last Updated: Sep 15, 2011 9:45 AM MT
Elections NWT will set up special "multi-district" polls in jail for the first time so inmates can cast ballots in next month's territorial election.
Chief elections officer David Brock said he believes the Northwest Territories is the first jurisdiction in Canada to implement this kind of poll.
They will be located in four Northwest Territories correctional facilities, as well as at three Aurora College campuses for students living away from their home riding.
"It's... been clarified by the Supreme Court that inmates have the right to vote. And so our objective is to get a ballot into the hands of every eligible elector, regardless of where they reside," Brock said.
The Supreme Court of Canada ruled in 2002 that prisoners cannot be denied the right to vote, but that doesn't mean inmates actually cast their ballots in boxes on voting day. Elsewhere in Canada, and previously in the N.W.T., prisoners typically vote by some kind of special ballot, either mailing it in ahead of time or handing an envelope with their ballot inside to a prison staffer or election official.
Voting by special ballot usually requires more laborious paperwork. But next month, for the first time in the territory's history, Elections NWT officers will be going into jails to set up polling places, making it easier for the 270 adult inmates to exercise their democratic right.
The executive director of the N.W.T. John Howard Society, a group that advocates for prisoners' rights, said making voting easier for inmates is a positive change.
"The more we marginalize them, the less safe we are in our society. So it's important to keep everybody included in all aspects of society," said Lydia Bardak, also a Yellowknife city councillor.
A change to the N.W.T.'s Elections Elections and Plebiscites Act implemented in May 2010 makes the multi-district polls possible.
Inmates in the four corrections facilities will be able to vote on Sept 27 or 28. Students will be able to vote at the Aurora College campuses on Sept. 27. The votes will count toward their home riding, not the riding where they're incarcerated or studying.
Canada
CBC News
Posted: Sep 15, 2011 9:53 AM MT
Last Updated: Sep 15, 2011 9:45 AM MT
Elections NWT will set up special "multi-district" polls in jail for the first time so inmates can cast ballots in next month's territorial election.
Chief elections officer David Brock said he believes the Northwest Territories is the first jurisdiction in Canada to implement this kind of poll.
They will be located in four Northwest Territories correctional facilities, as well as at three Aurora College campuses for students living away from their home riding.
"It's... been clarified by the Supreme Court that inmates have the right to vote. And so our objective is to get a ballot into the hands of every eligible elector, regardless of where they reside," Brock said.
The Supreme Court of Canada ruled in 2002 that prisoners cannot be denied the right to vote, but that doesn't mean inmates actually cast their ballots in boxes on voting day. Elsewhere in Canada, and previously in the N.W.T., prisoners typically vote by some kind of special ballot, either mailing it in ahead of time or handing an envelope with their ballot inside to a prison staffer or election official.
Voting by special ballot usually requires more laborious paperwork. But next month, for the first time in the territory's history, Elections NWT officers will be going into jails to set up polling places, making it easier for the 270 adult inmates to exercise their democratic right.
The executive director of the N.W.T. John Howard Society, a group that advocates for prisoners' rights, said making voting easier for inmates is a positive change.
"The more we marginalize them, the less safe we are in our society. So it's important to keep everybody included in all aspects of society," said Lydia Bardak, also a Yellowknife city councillor.
A change to the N.W.T.'s Elections Elections and Plebiscites Act implemented in May 2010 makes the multi-district polls possible.
Inmates in the four corrections facilities will be able to vote on Sept 27 or 28. Students will be able to vote at the Aurora College campuses on Sept. 27. The votes will count toward their home riding, not the riding where they're incarcerated or studying.
Influx of prisoners after riots 'fuelling gang culture in jails'
Influx of prisoners after riots 'fuelling gang culture in jails'
Chief inspector of prisons warns of problems caused by decision to remand more than 65% of riot defendants in custody
An influx of more than 1,000 prisoners in the immediate aftermath of the riots that hit England last month has fuelled gang culture in prisons and led to serious incidents, the chief inspector of prisons said on Wednesday.
Chief inspector of prisons warns of problems caused by decision to remand more than 65% of riot defendants in custody
An influx of more than 1,000 prisoners in the immediate aftermath of the riots that hit England last month has fuelled gang culture in prisons and led to serious incidents, the chief inspector of prisons said on Wednesday.
Wednesday, September 14, 2011
Joshua Rozenberg is being economical with the truth
Joshua Rozenberg is being economical with the truth
Joshua Rozenberg writes
Ken Clarke is right – the European court of human rights needs reform
The justice secretary believes member states, not Strasbourg, should take responsibility for compliance with the convention
It's an attention grabbing headline and subheading, but do they stand up to close scrutiny?
True the ECtHR needs reform and it is a proess which has been ongoing for a number of years. One of the problems faced by the Court is the amount of repetitive or clone cases. These occur when Member States fail to honour their obligtions to abide by the Convention and fully comply with the Court's decisions. For example, because the UK has chosen to ignore Hirst v UK (No2), the Prisoners Votes Case, there are now over 3,500 clone cases by prisoners lodged with the Court. The Interlaken process is about not only reform of the Court, but also about the need for reform in Member States and sanctions against rogue or pariah States.
It is a bit rich for Kenneth Clarke to state that Member States should take responsibility for compliance with the Convention, when he, as the Minister responsible for ensuring all citizens get their human rights under the Convention, is failing to act responsibly himself. The truth is that the UK has proved to be untrustworthy in guaranteeing human rights, therefore there is a need for oversight from outside of the UK to provide the necessary balance and checks absent with our system of a fusion of powers. Strasbourg acts as a warning beacon against Member States becoming authoritarian or totalitarian regimes. Twice the Council of Europe has criticised David Cameron for behaving like a tyrant and comparing him to a Greek Colonel and President of Belarus.
The ECtHR is a court of last resort. The rules state that applicants must first exhaust all domestic remedies before lodging applications with Strasbourg. Therefore it beggars belief that the UK Bill of Rights Commission is labouring under the belief that the ECtHR is a port of first call. However, when as with the UK failing to provide an effective remedy in the Prisoners Votes Case it is pointless prisoners taking their cases to the domestic courts first. The UK is not taking its responsibilities seriously. A judge recently pointed out to me that in Nazi Germany there was a Ministry of Justice. Kenneth Clarke is making a mockery of justice.
Joshua Rozenberg, as the saying goes, is being economical with the truth. That is not to say that he is lying. I am sure he is familiar with the saying, the truth, the whole truth, and nothing but the truth. I am reminded of Easter Eggs and the large packaging seeking to mask the small content.
Joshua Rozenberg writes
Ken Clarke is right – the European court of human rights needs reform
The justice secretary believes member states, not Strasbourg, should take responsibility for compliance with the convention
It's an attention grabbing headline and subheading, but do they stand up to close scrutiny?
True the ECtHR needs reform and it is a proess which has been ongoing for a number of years. One of the problems faced by the Court is the amount of repetitive or clone cases. These occur when Member States fail to honour their obligtions to abide by the Convention and fully comply with the Court's decisions. For example, because the UK has chosen to ignore Hirst v UK (No2), the Prisoners Votes Case, there are now over 3,500 clone cases by prisoners lodged with the Court. The Interlaken process is about not only reform of the Court, but also about the need for reform in Member States and sanctions against rogue or pariah States.
It is a bit rich for Kenneth Clarke to state that Member States should take responsibility for compliance with the Convention, when he, as the Minister responsible for ensuring all citizens get their human rights under the Convention, is failing to act responsibly himself. The truth is that the UK has proved to be untrustworthy in guaranteeing human rights, therefore there is a need for oversight from outside of the UK to provide the necessary balance and checks absent with our system of a fusion of powers. Strasbourg acts as a warning beacon against Member States becoming authoritarian or totalitarian regimes. Twice the Council of Europe has criticised David Cameron for behaving like a tyrant and comparing him to a Greek Colonel and President of Belarus.
The ECtHR is a court of last resort. The rules state that applicants must first exhaust all domestic remedies before lodging applications with Strasbourg. Therefore it beggars belief that the UK Bill of Rights Commission is labouring under the belief that the ECtHR is a port of first call. However, when as with the UK failing to provide an effective remedy in the Prisoners Votes Case it is pointless prisoners taking their cases to the domestic courts first. The UK is not taking its responsibilities seriously. A judge recently pointed out to me that in Nazi Germany there was a Ministry of Justice. Kenneth Clarke is making a mockery of justice.
Joshua Rozenberg, as the saying goes, is being economical with the truth. That is not to say that he is lying. I am sure he is familiar with the saying, the truth, the whole truth, and nothing but the truth. I am reminded of Easter Eggs and the large packaging seeking to mask the small content.
DAVID CAMERON RENEGES ON HIS HUMAN RIGHTS ACT PLEDGE
DAVID CAMERON RENEGES ON HIS HUMAN RIGHTS ACT PLEDGE
EXPRESS COMMENT
By Daily Express reporter
A PRIME Minister who identifies a key political problem and yet is then shown to be powerless to do anything about it risks swiftly losing authority.
That is the position David Cameron is perilously close to finding himself in after he identified the human rights regime that prevails in Britain as a key component of social decline.
In the wake of the terrifying inner-city riots of August the Prime Minister spoke of a “moral collapse” in society and said the Government would look to create a British Bill of Rights that would balance the liberties of suspected criminals with those of law-abiding citizens.
Our human rights laws were having “a corrosive influence on behaviour and morality” and had “undermined responsibility”, said Mr Cameron.
How he proposed to change that was always unclear given that he left the Government’s review of human rights legislation under the supervision of Justice Secretary Kenneth Clarke and Liberal Democrat leader Nick Clegg.
Mr Clarke has now solved the conundrum by openly declaring there is “not the faintest chance” of Britain withdrawing from the European Convention on Human Rights or the European Court of Human Rights that interprets it.
This will not do.
Voters were delighted when Mr Cameron reacted to the riots by promising a tough new agenda based around a return to traditional British notions of right and wrong.
For that agenda to be cast aside within a month is more than a disappointment.
It is a disgrace.
Comment: I am not sure that there is a social decline. Even if this is the case, where is the evidence that human rights are to blame for it? A key political problem that I am aware of is the Prisoners Votes Case. It is this that David Cameron can legitimately be accused of failing to address. Human rights laws are not to blame for the MPs and Lords expenses scandal, the perpetrators themselves are to blame. What is wrong is for politicians to sign up to the European Convention and then renage on our obligations to honour it and abide by it and the Court's decisions. The problem is the notion that a British sense of right and wrong is better than Europe's. We are a rogue or pariah state.
EXPRESS COMMENT
By Daily Express reporter
A PRIME Minister who identifies a key political problem and yet is then shown to be powerless to do anything about it risks swiftly losing authority.
That is the position David Cameron is perilously close to finding himself in after he identified the human rights regime that prevails in Britain as a key component of social decline.
In the wake of the terrifying inner-city riots of August the Prime Minister spoke of a “moral collapse” in society and said the Government would look to create a British Bill of Rights that would balance the liberties of suspected criminals with those of law-abiding citizens.
Our human rights laws were having “a corrosive influence on behaviour and morality” and had “undermined responsibility”, said Mr Cameron.
How he proposed to change that was always unclear given that he left the Government’s review of human rights legislation under the supervision of Justice Secretary Kenneth Clarke and Liberal Democrat leader Nick Clegg.
Mr Clarke has now solved the conundrum by openly declaring there is “not the faintest chance” of Britain withdrawing from the European Convention on Human Rights or the European Court of Human Rights that interprets it.
This will not do.
Voters were delighted when Mr Cameron reacted to the riots by promising a tough new agenda based around a return to traditional British notions of right and wrong.
For that agenda to be cast aside within a month is more than a disappointment.
It is a disgrace.
Comment: I am not sure that there is a social decline. Even if this is the case, where is the evidence that human rights are to blame for it? A key political problem that I am aware of is the Prisoners Votes Case. It is this that David Cameron can legitimately be accused of failing to address. Human rights laws are not to blame for the MPs and Lords expenses scandal, the perpetrators themselves are to blame. What is wrong is for politicians to sign up to the European Convention and then renage on our obligations to honour it and abide by it and the Court's decisions. The problem is the notion that a British sense of right and wrong is better than Europe's. We are a rogue or pariah state.
TORY ANGER AT KENNETH CLARKE VOW ON HUMAN RIGHTS
TORY ANGER AT KENNETH CLARKE VOW ON HUMAN RIGHTS
By Macer Hall, Daily Express
KENNETH Clarke sparked fury last night after he said there was “not the faintest chance” of withdrawing Britain from Europe’s Human Rights Convention.
Outspoken Justice Secretary Kenneth Clarke said the document – along with the European Court of Human Rights – had “advanced” standards across Europe despite concerns about a string of controversial rulings imposed on Britain by European judges.
His outburst appeared to conflict with the Tory election pledge of a new UK Bill of Rights to curb Europe’s influence on British law.
And after last month’s riots, the Prime Minister said he would act to stop courts’ powers of punishment being wrecked by rulings from the European Court of Human Rights.
David Cameron said: “What is alien to our tradition – and now exerting such a corrosive influence on behaviour and morality – is the twisting and misrepresenting of human rights. We’re working to develop a way through the morass by looking at creating our own British Bill of Rights.”
Mr Clarke told the Commons said: “Since the fall of the Berlin Wall and the end of the Cold War, the convention has acquired new importance in making sure we support those advancing standards in eastern and central Europe. There isn’t the faintest chance of the present Government withdrawing from the Convention on Human Rights.”
Answering Labour’s Jeremy Corbyn who asked about the new Bill of Rights, Mr Clarke’s remarks sparked angry scowls from Tories. In response, Labour MPs shouted: “Watch out behind you.”
Mr Clarke then tried to blame the Government’s stance on human rights law on the Lib Dems, saying: “Have a look at our Coalition Agreement.”
Last night, Tory MP Priti Patel said: “These are alarming and deeply unhelpful words from Ken Clarke. European judges are riding roughshod over Britain at the moment.” Ukip’s Nigel Farage said: “Millions of people across the country will see the Government for what it is.”
By Macer Hall, Daily Express
KENNETH Clarke sparked fury last night after he said there was “not the faintest chance” of withdrawing Britain from Europe’s Human Rights Convention.
Outspoken Justice Secretary Kenneth Clarke said the document – along with the European Court of Human Rights – had “advanced” standards across Europe despite concerns about a string of controversial rulings imposed on Britain by European judges.
His outburst appeared to conflict with the Tory election pledge of a new UK Bill of Rights to curb Europe’s influence on British law.
And after last month’s riots, the Prime Minister said he would act to stop courts’ powers of punishment being wrecked by rulings from the European Court of Human Rights.
David Cameron said: “What is alien to our tradition – and now exerting such a corrosive influence on behaviour and morality – is the twisting and misrepresenting of human rights. We’re working to develop a way through the morass by looking at creating our own British Bill of Rights.”
Mr Clarke told the Commons said: “Since the fall of the Berlin Wall and the end of the Cold War, the convention has acquired new importance in making sure we support those advancing standards in eastern and central Europe. There isn’t the faintest chance of the present Government withdrawing from the Convention on Human Rights.”
Answering Labour’s Jeremy Corbyn who asked about the new Bill of Rights, Mr Clarke’s remarks sparked angry scowls from Tories. In response, Labour MPs shouted: “Watch out behind you.”
Mr Clarke then tried to blame the Government’s stance on human rights law on the Lib Dems, saying: “Have a look at our Coalition Agreement.”
Last night, Tory MP Priti Patel said: “These are alarming and deeply unhelpful words from Ken Clarke. European judges are riding roughshod over Britain at the moment.” Ukip’s Nigel Farage said: “Millions of people across the country will see the Government for what it is.”
Thousands of inmates to be called 'Mister' under prison service rule
Thousands of inmates to be called 'Mister' under prison service rule
Prison officers have been told they have a "moral duty" to call more than 10,000 inmates “Mr" and "Mrs" despite a ban by Ken Clarke, the Justice Secretary.
By Tom Whitehead, Home Affairs Editor, Daily Telegraph, 10:00PM BST 13 Sep 2011
The Ministry of Justice guidance says guards should use the formal address for at least 12,000 prisoners with learning difficulties such as dyslexia.
The guidelines have been issued after Kenneth Clarke, the Justice Secretary, attacked as “ridiculous” a ruling that forced guards to call a notorious gang boss serving life for murder “Mr”.
One senior prison officer last night dismissed the guidelines as “unnecessary” and there were more important issues to deal with than what a prisoner is called.
The 26-page Ministry of Justice document called 'Ensuring Equality' states that prison workers have a 'moral duty' to ensure fairness to all.
It lists a string of "minority groups" which are singled out for special treatment, including elderly, disabled, gay, transsexuals, religious groups.
It says that when dealing with prisoners with learning disabilities, they should “use the prisoner's name at the start of each sentence”.
They should also “prepare the prisoner for each stage of the communication – for example 'Mr Jones, I am now going to ask you some simple questions', or 'Mr Jones, I am now going to explain what we are going to do'.”
The Prison Service Instruction (PSI) states that prison officials are not in a position to tell a prisoner if they think they have learning difficulties, adding: "If a prisoner does not think they have learning disabilities, it is not for staff to inform them otherwise."
Inmates with dyslexia would be classed as having learning difficulties and it is believed they could be at least 12,000 prisoners in that situation.
Steve Bostock, national vice-chairman of the Prison Officers Association, said: “I do not see what difference calling someone with dyslexia Mister is going to make.
“These guidelines are pretty unnecessary and there are more important things to be worrying about that calling someone Mister.”
A prison source, who did not want to be named, said: "We have long been aware of the importance put on equality for prisoners, but for officers to have to address prisoners by their name at the start of every sentence is taking things too far.
"The prison service has changed for the better in the past 10-15 years, but there are some aspects of these orders which really stick in out throats, and this is one of them."
Last year Colin Gunn, who is serving at least 35 years for orchestrating the murder of an innocent couple as a "revenge" attack on their son, won the right to be called Mister.
He complained that staff did not abide by unwritten rules that inmates should be addressed by their preferred title and won the backing of the prisons watchdog, leaving staff with little option but to address him as "Mr Gunn".
At the time, Mr Clarke described the case as an example of “ridiculous” human rights claims “by ridiculous people”.
A Ministry of Justice spokeswoman said last night insisted there was no general order call all prisoners Mister.
She said the guidelines refers “specifically to those prisoners who self-report as having learning difficulties” to ensure “all prisoners, with reasonable adjustment, have access to all aspects of prison life”.
Prison officers have been told they have a "moral duty" to call more than 10,000 inmates “Mr" and "Mrs" despite a ban by Ken Clarke, the Justice Secretary.
By Tom Whitehead, Home Affairs Editor, Daily Telegraph, 10:00PM BST 13 Sep 2011
The Ministry of Justice guidance says guards should use the formal address for at least 12,000 prisoners with learning difficulties such as dyslexia.
The guidelines have been issued after Kenneth Clarke, the Justice Secretary, attacked as “ridiculous” a ruling that forced guards to call a notorious gang boss serving life for murder “Mr”.
One senior prison officer last night dismissed the guidelines as “unnecessary” and there were more important issues to deal with than what a prisoner is called.
The 26-page Ministry of Justice document called 'Ensuring Equality' states that prison workers have a 'moral duty' to ensure fairness to all.
It lists a string of "minority groups" which are singled out for special treatment, including elderly, disabled, gay, transsexuals, religious groups.
It says that when dealing with prisoners with learning disabilities, they should “use the prisoner's name at the start of each sentence”.
They should also “prepare the prisoner for each stage of the communication – for example 'Mr Jones, I am now going to ask you some simple questions', or 'Mr Jones, I am now going to explain what we are going to do'.”
The Prison Service Instruction (PSI) states that prison officials are not in a position to tell a prisoner if they think they have learning difficulties, adding: "If a prisoner does not think they have learning disabilities, it is not for staff to inform them otherwise."
Inmates with dyslexia would be classed as having learning difficulties and it is believed they could be at least 12,000 prisoners in that situation.
Steve Bostock, national vice-chairman of the Prison Officers Association, said: “I do not see what difference calling someone with dyslexia Mister is going to make.
“These guidelines are pretty unnecessary and there are more important things to be worrying about that calling someone Mister.”
A prison source, who did not want to be named, said: "We have long been aware of the importance put on equality for prisoners, but for officers to have to address prisoners by their name at the start of every sentence is taking things too far.
"The prison service has changed for the better in the past 10-15 years, but there are some aspects of these orders which really stick in out throats, and this is one of them."
Last year Colin Gunn, who is serving at least 35 years for orchestrating the murder of an innocent couple as a "revenge" attack on their son, won the right to be called Mister.
He complained that staff did not abide by unwritten rules that inmates should be addressed by their preferred title and won the backing of the prisons watchdog, leaving staff with little option but to address him as "Mr Gunn".
At the time, Mr Clarke described the case as an example of “ridiculous” human rights claims “by ridiculous people”.
A Ministry of Justice spokeswoman said last night insisted there was no general order call all prisoners Mister.
She said the guidelines refers “specifically to those prisoners who self-report as having learning difficulties” to ensure “all prisoners, with reasonable adjustment, have access to all aspects of prison life”.
Home news
Home news
I bought over £300 of 6ft high fencing to cover the front garden. Now I have to buy a sledge hammer to knock the fence post spikes into the ground. Plus a spirit level to make sure they go in straight or the fence will be wonky.
This is in addition to the new CCTV set up. I have to take the one I bought from Argos back because the image is bloody pathetic. It needs to be of evidential quality. Blurred faces are no good. Plus the wireless system was on the same wave length as my Karoo internet router! It showed greens trees as purple! And the trees are not lilac. Not fit for purpose springs to mind!
I bought over £300 of 6ft high fencing to cover the front garden. Now I have to buy a sledge hammer to knock the fence post spikes into the ground. Plus a spirit level to make sure they go in straight or the fence will be wonky.
This is in addition to the new CCTV set up. I have to take the one I bought from Argos back because the image is bloody pathetic. It needs to be of evidential quality. Blurred faces are no good. Plus the wireless system was on the same wave length as my Karoo internet router! It showed greens trees as purple! And the trees are not lilac. Not fit for purpose springs to mind!
Monday, September 12, 2011
No wonder this former pig farmer had his snout in the trough
No wonder this former pig farmer had his snout in the trough
Lord Hanningfield: guilty expense fiddler treated 'very well' in jail
Lord Hanningfield, the former Tory peer, has said he was treated "very well" in prison during his few months behind bars for fiddling his parliamentary expenses.
By Andrew Hough, and Martin Evans
12:00PM BST 12 Sep 2011
The 70-year-old former frontbencher has been released from jail after serving just a quarter of his nine-month sentence.
He was jailed in July for nine months but on Monday it emerged he has been been released under curfew after serving a quarter of his sentence. He was freed on an early release scheme from the minimum security prison Standford Hill in Kent.
The former Tory peer was convicted of falsely claiming almost £14,000 for overnight accommodation in London, when on most nights he was returning home to his bungalow, less than 50 miles away from the capital.
On Monday, Ministry of Justice sources confirmed to The Daily Telegraph that he had been released. It is understood he was released last week.
The peer, who has since grown a beard, has been seen walking around his home village of West Hanningfield, Essex. He has also been electronically tagged.
It is understood Lord Hanningfield was released on a home curfew scheme which involves him being electronically tagged. Further details of the conditions attached to the curfew have not been disclosed.
Speaking to reporters for the first time since his release, he said he was treated "very well" in prision but continued to maintain his innocence despite his conviction.
"I have been out of prison for a few days and I was treated very well," he said on Friday.
"Some of the people who were in the prison were better than some of the people on the outside.
"There is much more to my side of the story, which will be revealed when I'm ready."
He added: "This expenses situation has been going on for two and a half years and I am glad it's all over. I'm feeling ok about it all at the moment.
"I just want a couple of weeks to myself to relax and let everything settle down."
Despite being jailed, he has continued to deny any wrongdoing.
He lost his seat at Essex County Council as a result of his crime and is still being investigated for alleged misuse of his corporate credit card by the Kent and Essex Serious Crime Directorate.
The early release scheme works on the basis of low risk prisoners, who are serving sentences more than three months but fewer than four years, being freed early with an electronic tag.
They serve half the sentence for good behaviour and can have another four-and-a-half months off - but must serve a minimum of a quarter of the sentence.
A by-election for Lord Hannigfield's seat on Essex County Council was won by Tory Ian Grundy. The election for Stock was held on Thursday and Mr Grundy won with 1,820 votes.
Mr Grundy, who is also Chelmsford Council's cabinet member for safer communities, said he was "very proud" to win the election.
During his eight-day trial the jury were told that on one occasion when he had claimed expenses for accommodation he was actually on a flight to India.
He was found guilty of six counts of false accounting in May following a trial at Chelmsford Crown Court and was sentenced at Maidstone Crown Court to nine months' jail.
Within hours the former pig farmer lodged an appeal against his conviction. He was sacked this month as leader of Essex County Council.
He is still being investigated for alleged misuse of his corporate credit card by the Kent and Essex Serious Crime Directorate.
Passing sentence, Mr Justice Saunders said he would now be partly remembered as a "benefits cheat".
He said: "While there were ambiguities in the peers' expenses schemes which have resulted in its revision, it was clear from the terms of the scheme, as well as according with common sense, that a peer could not claim an overnight allowance to cover the expense of staying the night in London when he did not stay in London but went home.
"It was perfectly clear from the terms of the scheme, as well as according with common sense, that a peer could not claim for travelling expenses that he did not incur."
Lord Hanningfield, who was tried under his given name of Paul White, was elevated to the Lords in 1998 and served as Tory whip and opposition spokesman on education and transport.
But he became engulfed in the expenses scandal after it emerged that he had claimed thousands of pounds in allowances for overnight accommodation in London, despite being elsewhere at the time.
Under the rules peers could claim an allowance up to £174 a night, without producing receipts, if their main home was outside London and their stay was for the purpose of attending a sitting in the House.
But an investigation discovered that on most nights when Lord Hanningfield claimed to be in London he had been using his chauffeur driven car, provided by Essex County Council, to travel back to his home just 46 miles away.
Lord Hanningfield, who had denied six charges of theft by false accounting, told Chelmsford Crown Court he had made claims for accommodation and travel because “all the other peers were doing it”.
He said: “I do know other peers who made similar claims but I won’t name them.”
During the trial he insisted that his public duties meant he had often been out of pocket and his claims had simply been making up what he had spent elsewhere.
The court heard when he was interviewed by police he told them: “I have done the same as 500 or 600 other peers. I averaged them out because of my expenditure. I have claimed what I thought I could within the law. I have never done anything illegal in my life.”
He added: “I have put so much money into my public life, I regret ever becoming a peer.”
He told the jury: “I do not lead an extravagant lifestyle. Most of my clothes are from Marks and Spencer. I enjoy the occasional glass of wine but that’s about it. I have no savings, no stocks and shares, nothing like that.”
But Clare Montgomery QC for the prosecution said the peer had known that the claims he was making were dishonest.
She said: “On the vast majority of nights he went home to Hanningfield. On the few occasions he did not, he was not in London.
He was variously on aeroplane bound for India or at hotels outside London, all paid for by someone else, mainly Essex County Council.”
The former peer, who lives in the village located near Chelmsford, was the sixth parliamentarian to be convicted of fiddling their expenses following an investigation by The Daily Telegraph.
His former colleague in the House of Lords, Lord Taylor of Warwick and four former Labour MPs David Chaytor, Eric Illsley, Elliot Morley and Jim Devine have all been imprisoned for their part in the scandal.
Last week Margaret Moran, the former Labour MP who claimed for dry rot treatment on a home more than 100 miles from her constituency was charged with fiddling her expenses by more than £60,000.
Miss Moran, one of the last politicians investigated over the MPs' expenses scandal, will appear before magistrates facing 21 charges relating to her parliamentary claims.
The former MP for Luton South, will appear before City of Westminster Magistrates' Court next week.
On Monday, a Prison Service spokesman declined to comment about Lord Hanningfield's release, saying officials did not comment on individual cases.
But he added in a statement: "Home Detention Curfew (HDC) is available to low risk prisoners serving sentences of more than 3 months and less than 4 years, who are deemed appropriate for early release.
"To be placed on HDC, a prisoner must have served a quarter of their sentence and have spent a minimum of 30 days in prison.
"If a prison Governor thinks there is a significant risk to the public, or risk of re-offending on HDC then the release will not be granted."
Lord Hanningfield: guilty expense fiddler treated 'very well' in jail
Lord Hanningfield, the former Tory peer, has said he was treated "very well" in prison during his few months behind bars for fiddling his parliamentary expenses.
By Andrew Hough, and Martin Evans
12:00PM BST 12 Sep 2011
The 70-year-old former frontbencher has been released from jail after serving just a quarter of his nine-month sentence.
He was jailed in July for nine months but on Monday it emerged he has been been released under curfew after serving a quarter of his sentence. He was freed on an early release scheme from the minimum security prison Standford Hill in Kent.
The former Tory peer was convicted of falsely claiming almost £14,000 for overnight accommodation in London, when on most nights he was returning home to his bungalow, less than 50 miles away from the capital.
On Monday, Ministry of Justice sources confirmed to The Daily Telegraph that he had been released. It is understood he was released last week.
The peer, who has since grown a beard, has been seen walking around his home village of West Hanningfield, Essex. He has also been electronically tagged.
It is understood Lord Hanningfield was released on a home curfew scheme which involves him being electronically tagged. Further details of the conditions attached to the curfew have not been disclosed.
Speaking to reporters for the first time since his release, he said he was treated "very well" in prision but continued to maintain his innocence despite his conviction.
"I have been out of prison for a few days and I was treated very well," he said on Friday.
"Some of the people who were in the prison were better than some of the people on the outside.
"There is much more to my side of the story, which will be revealed when I'm ready."
He added: "This expenses situation has been going on for two and a half years and I am glad it's all over. I'm feeling ok about it all at the moment.
"I just want a couple of weeks to myself to relax and let everything settle down."
Despite being jailed, he has continued to deny any wrongdoing.
He lost his seat at Essex County Council as a result of his crime and is still being investigated for alleged misuse of his corporate credit card by the Kent and Essex Serious Crime Directorate.
The early release scheme works on the basis of low risk prisoners, who are serving sentences more than three months but fewer than four years, being freed early with an electronic tag.
They serve half the sentence for good behaviour and can have another four-and-a-half months off - but must serve a minimum of a quarter of the sentence.
A by-election for Lord Hannigfield's seat on Essex County Council was won by Tory Ian Grundy. The election for Stock was held on Thursday and Mr Grundy won with 1,820 votes.
Mr Grundy, who is also Chelmsford Council's cabinet member for safer communities, said he was "very proud" to win the election.
During his eight-day trial the jury were told that on one occasion when he had claimed expenses for accommodation he was actually on a flight to India.
He was found guilty of six counts of false accounting in May following a trial at Chelmsford Crown Court and was sentenced at Maidstone Crown Court to nine months' jail.
Within hours the former pig farmer lodged an appeal against his conviction. He was sacked this month as leader of Essex County Council.
He is still being investigated for alleged misuse of his corporate credit card by the Kent and Essex Serious Crime Directorate.
Passing sentence, Mr Justice Saunders said he would now be partly remembered as a "benefits cheat".
He said: "While there were ambiguities in the peers' expenses schemes which have resulted in its revision, it was clear from the terms of the scheme, as well as according with common sense, that a peer could not claim an overnight allowance to cover the expense of staying the night in London when he did not stay in London but went home.
"It was perfectly clear from the terms of the scheme, as well as according with common sense, that a peer could not claim for travelling expenses that he did not incur."
Lord Hanningfield, who was tried under his given name of Paul White, was elevated to the Lords in 1998 and served as Tory whip and opposition spokesman on education and transport.
But he became engulfed in the expenses scandal after it emerged that he had claimed thousands of pounds in allowances for overnight accommodation in London, despite being elsewhere at the time.
Under the rules peers could claim an allowance up to £174 a night, without producing receipts, if their main home was outside London and their stay was for the purpose of attending a sitting in the House.
But an investigation discovered that on most nights when Lord Hanningfield claimed to be in London he had been using his chauffeur driven car, provided by Essex County Council, to travel back to his home just 46 miles away.
Lord Hanningfield, who had denied six charges of theft by false accounting, told Chelmsford Crown Court he had made claims for accommodation and travel because “all the other peers were doing it”.
He said: “I do know other peers who made similar claims but I won’t name them.”
During the trial he insisted that his public duties meant he had often been out of pocket and his claims had simply been making up what he had spent elsewhere.
The court heard when he was interviewed by police he told them: “I have done the same as 500 or 600 other peers. I averaged them out because of my expenditure. I have claimed what I thought I could within the law. I have never done anything illegal in my life.”
He added: “I have put so much money into my public life, I regret ever becoming a peer.”
He told the jury: “I do not lead an extravagant lifestyle. Most of my clothes are from Marks and Spencer. I enjoy the occasional glass of wine but that’s about it. I have no savings, no stocks and shares, nothing like that.”
But Clare Montgomery QC for the prosecution said the peer had known that the claims he was making were dishonest.
She said: “On the vast majority of nights he went home to Hanningfield. On the few occasions he did not, he was not in London.
He was variously on aeroplane bound for India or at hotels outside London, all paid for by someone else, mainly Essex County Council.”
The former peer, who lives in the village located near Chelmsford, was the sixth parliamentarian to be convicted of fiddling their expenses following an investigation by The Daily Telegraph.
His former colleague in the House of Lords, Lord Taylor of Warwick and four former Labour MPs David Chaytor, Eric Illsley, Elliot Morley and Jim Devine have all been imprisoned for their part in the scandal.
Last week Margaret Moran, the former Labour MP who claimed for dry rot treatment on a home more than 100 miles from her constituency was charged with fiddling her expenses by more than £60,000.
Miss Moran, one of the last politicians investigated over the MPs' expenses scandal, will appear before magistrates facing 21 charges relating to her parliamentary claims.
The former MP for Luton South, will appear before City of Westminster Magistrates' Court next week.
On Monday, a Prison Service spokesman declined to comment about Lord Hanningfield's release, saying officials did not comment on individual cases.
But he added in a statement: "Home Detention Curfew (HDC) is available to low risk prisoners serving sentences of more than 3 months and less than 4 years, who are deemed appropriate for early release.
"To be placed on HDC, a prisoner must have served a quarter of their sentence and have spent a minimum of 30 days in prison.
"If a prison Governor thinks there is a significant risk to the public, or risk of re-offending on HDC then the release will not be granted."
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