Prisoner's vote latest update

74025/01 06/10/2005 - 06/10/2005	HIRST v. the United Kingdom (no. 2) ELCT	ENHANCED SUPERVISION
60041/08 - GREENS v. the United Kingdom (leading) Case description: Blanket ban on voting imposed automatically on the applicants due to their status as a convicted offenders detained in prison (violations of Article 3 of Protocol No. 1). Pilot judgment of 23/11/2010, Greens and M.T. (60041/08 and 60054/08, final on 11/04/2011). Status of execution: Individual measures: In the event that the applicants are detained, their eligibility to vote will depend on the general measures adopted (see §§ 72, 93 and 94 of the judgment in Hirst). General measures: Since the judgment in Hirst became final in 2005 some initiatives were taken with a view to implementing the judgment, including two public consultations on possible changes to the law. However, no concrete steps were taken, and the Committee of Ministers expressed serious concern about the substantial delay in implementing the judgment in the interim resolution adopted on 3 December 2009. The general election held in the United Kingdom in May 2010, triggered a significant number of repetitive complaints to the European Court (around 2,500). At its 1150th meeting (September 2012), the Committee underlined that according to §115 of the pilot judgment Greens and M.T., the authorities had six months from the date that judgment became final to introduce legislative proposals to amend the electoral law imposing a blanket restriction on voting rights of convicted prisoners in prison, and achieve compliance with the Court's judgment in Hirst No. 2. It noted further that the European Court granted an extension to this deadline and that consequently, the United Kingdom authorities have until 23 November 2012 to comply with the pilot judgment. §115 of the pilot judgment also states that the legislative proposals should be introduced “with a view to the enactment of an electoral law to achieve compliance with the Court's judgment in Hirst No. 2 according to any time-scale determined by the Committee of Ministers”. An action plan was submitted on 23 November 2012 (see DH-DD(2012)1106). The action plan states that on 22 November 2012, the Lord Chancellor and Secretary of State for Justice introduced to Parliament legislative proposals to amend the electoral law imposing a blanket restriction on voting rights of convicted prisoners in prison in the form of a draft bill (the Voting Eligibility (Prisoners) Draft Bill). A copy of the announcement is included with the Action plan. The draft bill is publicly available online (see Action plan for link). The draft bill contains three proposals: Option 1: a ban on voting for prisoners sentenced to 4 years or more, Option 2: a ban on voting for prisoners sentenced to more than 6 months, Option 3: a ban for all prisoners (i.e.re-enacting the existing blanket ban). The next step is for the draft bill to be considered in a process called “pre-legislative scrutiny”. This means it will be reviewed by a specially appointed parliamentary committee. That committee will make public recommendations to government; then the government will introduce a finalised version of the bill to parliament for adoption. Posted by Maniek for John

Ministers accused of dismantling probation service

Criticism comes as justice secretary confirms public sector will be barred from bidding for contracts under shakeup

I will be on The Politics Show on Sunday talking about this issue.

Good news and bad news

Good news and bad news

After firing lasers for about an hour into my left eye the consultant gave up and sought a second opinion. There followed scans and ultra sound and after a conflab it was decided to seek a third opinion.

Apparently there is a problem at the front and bottom of the eye, and a problem at the back of the eye and the lens isn't in the right place.

I need further corrective surgery in the next few weeks.

Belatedly I am told cataract surgery can sometimes make the glaucoma worse.

The senior consultant said it may not be possible to restore the lost vision.

The good news is that he registered me as disabled on the grounds of visually impaired.

If there is no improvement with my left eye, do I persevere with the low vision in my right eye or risk more cataract surgery?

Laser eye surgery

Laser eye surgery

I have a 3pm appointment today to have laser surgery to remove the membrane behind the lens in my left eye.

If successful my 80% loss of vision at present will be considerably improved.

178 Adyala Jail prisoners to exercise right to vote

178 Adyala Jail prisoners to exercise right to vote

That's a relief

That's a relief

My bowel cancer smear test has come back with normal result!

My appointment for laser eye surgery to remove the membrane is on 8 May.

My latest guest post

 My latest guest post

Link

Was there a conspiracy to pervert the course of justice in Lord Ahmed's case?

Was there a conspiracy to pervert the course of justice in Lord Ahmed's case?

The outside lane on motorways are for overtaking. When Lord Ahmed crashed into the broken down car and killing the driver he was not overtaking any vehicle.

If as the Telegraph reports In 2009 he was jailed for dangerous driving after sending and receiving text messages minutes before being involved in a fatal motorway crash he was texting minutes before rather than seconds before surely he would have avoided crashing?

Mysteriously he was not charged with causing death by dangerous driving. But instead the lesser charge. His lenient sentence was further reduced when the Establishment needed him to curb Muslim extremists.

The last thing Ahmed should be gobbing off about is a Jewish conspiracy...

Critics challenge referendum voting rules for prisoners, under-18s and soldiers

The debate about who can vote in next year's referendum and why has begun in earnest: why give it to 16 and 17 year olds but ban prison inmates and some military personnel overseas?

Left eye update

Left eye update

I went to the eye hospital this morning.

There is a swelling which is causing some discomfort. The doctor doubled the dose of Tobradex.

Also there is some membrane behind the silicone lens which needs laser surgery to remove to allow me to see better.

It's so bad now I cannot see well enough to take Willy for his evening walk.

The doctor would not register me as partially sighted for DLA because she said the blindness is only temporary.

In prison once temporary (2 weeks) lasted 12 years...

Theresa May's Mail on Sunday article fisked

 Theresa May's Mail on Sunday article fisked

Article 8 – Right to respect for private and family life

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

I am almost blind now so if I am missing something here, let me know in the comments.

Unless there are very exceptional circumstances, foreigners who have committed serious crimes in this country, or who have attempted to cheat the immigration system, should be deported from Britain. 

Foreigners are human beings, and there are no exceptions to this hard and fast rule. This is expressly stated by the inclusion of "Everyone" in Article 8(1).

It is arguable that Theresa May is not showing respect. Moreover it is arguable that her racist and xenophobic policy is an unjustified intrference under Article 8(2),

First they came for the foreigners.,,

William Hague has publicly stated that human rights are at the forefront of FCO policy.

It appears as though Home and Foreign Office are giving mixed messages,,,

Theresa May continues writing her nonsense article: "Parliament wants that to happen, the public wants that to happen, and I want that to happen. But, too often, it is not happening. Time and time again  we are treated to the spectacle of people who have been found guilty of rape or serious assault being given the right to stay in this country".

I don't recall Parliament passing a statute overriding the HRA 1998,,,

Nor the public voting for a policy which attacks Johnny Foreigner.

Just because she wats it to happen is no reason to force it upon anyone else in this country including judges.

The reason why it is not happening dear is because what you want is unlawful!

Judges decide each case on its individual merits therefore are right to disregard populist posturing by the likes of Theresa May. Even foreign criminals have the human right to rely upon Article 8.

Theresa May continues her rabid rant: "It is not in the national interest that this situation continues. What is going on? The short answer is that some of our judges appear to have got it into their heads that Article Eight of the European Convention on Human Rights, the ‘right to family life’, is an absolute, unqualified right".

Of course it is in the national interests that judges decide like cases alike. It's called certainty, consistency and adheres to the legal principle of precedent.

Indeed what is going on when Chris Grayling is the Justice Secretary and May has no public power to interfere with his remit and the Judiciary. There is no evidence that it is the judges who are misunderstanding the law. This article is evidence that the non lawyer has misunderstood the law. Is she ignoring the inhouse lawyers advice?


The ignoramus continues: "This means that if a foreign criminal can show that he has a family in this country, they take the view he has a right to remain here, regardless of the gravity of the offences"

The judges reasonably ignore irrelevant considerations such as criminal records. Article 8 makes no provision to discriminate on character.

Ignorance of the law is no excuse Theresa May: "That interpretation is wrong. The Convention is quite plain: the right to family life is not an absolute right, like the right not to be tortured. It is a qualified right, and it can be restricted when that is required, for example, to protect public safety, or for the prevention of crime".

It is for the judges and courts to interpret the law and not the Home Secretary. They are aware of the qualified right. And better placed to decide when a public authority is trying to overstep the mark.

May is the problem: "I thought that possibly the problem for the judges was that our Parliament had not explicitly stated how the right to family life could be restricted".

Parliament has passed no law restrcting the ECHR and Article 8 and the HRA.

"So in June last year I ensured that the House of Commons was able to debate my amendments to the immigration rules".

So? HoC is not Parliament. And the IR take second place to the HRA and ECHR.

Regardless of the HRA and ECHR May tries to demand she get ger own way: "Those amendments stated that in the usual case, any foreign national who was convicted of a serious crime should be deported, regardless of whether or not the criminal had a family in the UK"

She may have scant regard for the law and the human rights of others, thankfully these judges have the courage to stand up to her bullying tactics.

Tyranny by the majority in the HoC May rambles: "After a vigorous debate, the Commons adopted the changes unanimously. There was no division because there was no one in the Commons who opposed them".

Erm? May is arging one thing with the IR, and seeking changes in the ECHR and HRA which is a separate matter. The woman is obviously too confused to stay in post.

Do as I say May:  "I made it clear that I would introduce primary legislation should the Commons’ acceptance of my amendments not be sufficient to persuade judges to change the way they interpreted Article Eight. But I hoped that the outcome of the debate would be enough"

The HoC cannot tell judges how to interpret the law. It's called separation of powers to provide a check and balance against abuse by the Executive.

Parlament is both Houses and not simply HoC Theresa May: "Unfortunately, some judges evidently do not regard a debate in Parliament on new immigration rules, followed by the unanimous adoption of those rules,  as evidence that Parliament actually wants to see those new rules implemented".

Guidance and rules are not statute law therefore can and in this case should be ignored.

Up yours May: "As a justification for ignoring the new rules, one immigration judge recently stated that ‘the procedure adopted in relation to the introduction of the new rules provided a weak form of Parliamentary scrutiny. Parliament has not altered the legal duty of the judge determining appeals to decide on proportionality for him or herself’".

Quite right, in a nutshell the judge has explained the law for the nutcase in the HO..

I thought but May is unthinking: "Just think for a moment what this judge is claiming. He is asserting that he can ignore the unanimous adoption by the Commons of new immigration rules on the grounds that he thinks this is a ‘weak form of parliamentary scrutiny’".

The judge is asserting the independence of the Judiciary

May fails to fit a square peg in a round hole: "I find it difficult to see how that can be squared with the central idea of our constitution, which is that Parliament makes the law, and judges interpret what that law is and make sure the executive complies with it"

 

Rules made by May are not the law and it matters not one iota that the HoC approves of the rule amendments. May is getting her constitution from her rear end as being the British constitution! 

"For almost all of the long history of disputes between judges and Parliament, it has been  common ground that Parliament is the ultimate law-maker, and that it is not for the judges to be legislators. It is essential to democracy that the elected representatives of the people make the laws that govern this country – and not the judges"

 

The IR is not the law passed by both Houses of Parliament but only subordinate legislation made by the Home Secretary. The IR do not govern the country but only a department of the government. Such dishonesty in her job is not acceptable in a democracy.

May gets the wrong end of the stick: "Yet some judges seem to believe that they can ignore Parliament’s wishes if they think that the procedures for parliamentary scrutiny have been ‘weak’. That appears actually to mean that they can ignore Parliament when they think it came to the wrong conclusion".

It' her rules being challenged by the judges, as they appear to clash with statute law.

No way May: "Most judges, especially in our higher courts, do not take this attitude. One High Court judge, for example, has explicitly recognised that the new rules are ‘unquestionably valid laws, democratically enacted under a procedure which is necessary for the efficient practical functioning of Parliament’.
The majority of judges share his view. BUT a minority think that it is their role  to determine, for instance, whether or not foreigners who commit serious crimes shall be deported. They are able to frustrate Government policy and prevent the deportation of criminals"

 

Rule are rules and lawd are laws. No competent judge would declare rules to be valid laws made by Parliament. As already said foreigners human right to stay is based upon family life and not whether he is a criminal.

 

May Day May Day Mat Day: "It is now clear that only explicit parliamentary legislation will convince them that the law is what Parliament says it is, not what they think it should be"

 

They already know that the law is what Parliament says it is in primary legislation. And not what she thinks it ought to be.

May;s high-wire act heading for a fall: "I am therefore determined to introduce primary legislation that will specify that foreign nationals who commit serious crimes shall, except in extraordinary circumstances, be deported. Once this primary legislation has been enacted, it is surely inconceivable that judges in this country will maintain that it is they, rather than Parliament, who are entitled to decide how to balance the foreigner’s right to family life against our nation’s right to protect itself."

She can draft a law but Parliament will reject it. It is the foreibner;s human right in the balance against an abusive public authority.

it's depressing wading through May's bowel movements: "It is depressing that the steps we have already taken should have been insufficient to produce that result. The inevitable delays inherent in passing primary legislation will mean that there will be many more foreign criminals who successfully avoid deportation on the basis that they have a family here.
There will also be more  victims of violent crimes committed by foreigners in this country – foreigners who  should have been, and could have been, deported"

Scaremongering nonsense. I wouls be more scared if judges ignored the law and allowed deportations in pite of the HRA and ECHR.

Of course the issue is about respect for human rights: "This is not a dispute about respect for human rights, which I certainly agree is an essential part of any decent legal system. It is about how to balance rights against each other: in particular, the individual’s right to family life, the right of the individual to be free from violent crime, and the right of society to protect itself against foreign criminals".

It is not about balancing rights against each other. Just the foreigners human right not to be abused by a public authority such as May.

It's distressing that May seeks the scrapping of the HRA: "One of the most distressing results of judges taking it on themselves to determine how that balance should be struck, in defiance of Parliament’s wishes, has been the damage done to the notion of human rights: in the popular imagination, ‘human rights’ are wrongly, but perhaps understandably, becoming  synonymous with legal dodges that allow criminals to escape proper punishment and to continue to prey on the public"

 

George Bush used human rights as a justification for invading Iraq. That damaged the notion of human rights. The foreigners have been punished by the courts and now the Home Office seeks to add an unlaful extra destroying family life.

 

"I am a great admirer of most of the judges in Britain" May I add if they agree with me that is...

 

May I pull the other leg?: "I absolutely accept that the power of Ministers should be reviewed and restrained by independent judges who are appointed, not elected, and who are not accountable to the electorate for their decisions".

 

May's whole article is about her refusal to accept judges have a job of upholding the law.

 

May attempts to subvert the law by Executive decree: "But the law in this country is made by the elected representatives of the people in Parliament. And our democracy is subverted when judges decide to take on that role for themselves".

 

The law is made by both Houses of Parliament and not by the Home Secretary. She is not The Law-maker General.

.

Am I going senile too?

Am I going senile too?

Well, I turned up at the eye hospital today only to find out my appointment was Wednesday just gone! Now I have another appointment not next Wednesday but the one after.

That's a dental appointment and probation one missed as well!

I can no longer rely upon my memory.

Screen resolution now at maximum

Screen resolution now at maximum

Yesterday my Probation Officer ajusted things so I can see better

Pancake Day one of my Polish "grand children" had to read out the instructions of the pancake mix for me.

And yesterday another had to read out for a quiche and set the knob as I can no longer see the heat setting for the oven.

I am thinking of calling my blog Braillehouselawyer's Blog...

The Ballard of Ray Rose

The Ballard of Ray Rose

Magic 1161AM's Ray Rose

Keeps listeners on their toes

with his music quiz Who am I?

It's better than any sports on Sky.

Moreover it's entertainment that's free

with no costly TV Licence Fee.

Listen to Ray Rose on the wireless

when he's not drunk in The Spool and Stylus!

Eye surery update

I had hoped to say I can see clearly now the fog has gone but it remains in both eyes.

The operation lasted 4 or 5 times longer than the others having cataract surgery. 1 hour and15 minutes compared to 15-20 minutes. The glaucoma has badly damaged my eyes. The lens was glued to the retina. This caused problems during surgery.

Others could see better straight away or within a couple of days. I was told to give it a week to see the results.

A week in opticals is a long time as Harold Wilson almost said.

My left eye is now almost as good as my right eye which still has to be operated upon.

Th fog tells me it wasn't simply the cataracts. The glaucoma went down hill sharply around Xmas time.

I have to see the consultant/surgeon on Friday.

Reading emais and online newspapers and blogs isalmot impossible and very frustrating.

Homophobic Justice Secretary sends message to children it's ok to use violence!

Homophobic Justice Secretary sends message to children it's ok to use violence!

It's rude to point!

Source

Traces of pork' found in prison Halal pies and pasties

One of the Prison Service’s meat suppliers was suspended last night after it was found Halal pies and pasties were contaminated with pork.

FSA said the incident involved traces of pork

Ministers described the contamination as “unacceptable” and ordered an immediate investigation. The pies and pasties came from a supplier which had certification that supposedly assured buyers the meat was Halal.
According to Islamic law, special measures must be taken in animal slaughter and meat preparation, including cutting the animal’s throat cleanly and dedicating it to Allah.  Pork is proscribed, so the discovery that the contamination came from pigs will amplify the anger and hurt caused.

Chris Grayling's tough Justice Secretary plans stubbed out

Chris Grayling's tough Justice Secretary plans stubbed out

I quite like the idea of ashtrays bearing a photo of Cris Grayling in the middle being sold in prison shops. 80% of male prisoners smoke. They have cause for celebration because the planned smoking ban in all prisons due to begin in March has been shelved over fears it would lead to costly riots.

Eye eye

Eye eye

This morning the landlord's workers arrived to examine the damp kitchen ceiling and water running down the walls (it tripped the electric). They discovered a leak in the pipe behind the bath panel upstairs. They fixed that but electrician required for the rest, and the cause of the trip needs to dry out. Meanwhile the boiler is off so no heating save for the coal fire in the lounge.

I went to have a pre-op examination at the eye hospital in the afternoon. It now transpires that I have a cataract in both eyes. And because the left is the worst this will be first on Tuesday the 5th Feb to be operated upon, and the right 4-6 weeks later.

Rapist awarded damages for 'frustration' caused by delays

A convicted rapist jailed indefinitely for the protection of the public has been awarded damages by Europe’s human rights judges for the “frustration” caused by delays in assessing his case. 

 

Source

It beggars belief that loss of the vote is worth nothing but a rapist's feeings are worth more!

Therapy dog

Therapy dog

Anger after pregnant woman is allowed to take Barney the Labrador into maternity ward to watch her give birth

Normal service will resume shortly

Normal service will resume shortly

Once I have cataract removal surgery on 4 Feb.

Seven prison closures in England announced 

Seven prisons are to close and two more will be partially shut in England.

The Ministry of Justice said it would result in the loss of 2,600 places from "old and uneconomic" prisons and is expected to save £63m per year in running costs. 

It says it also plans to build a new super prison with 2,000 places.

Comment: In my view, 2,000 places is too large and smaller more manageable 200 places prisons would be better.

 

Tough talk no action

Tough talk no action

Chris Grayling states people don't understand sentencing. And neither does he. Automatic release is dependent upon good behaviour and good reports and upon prisoners completing offending behaviour courses.

The Parole Board only releases 20% of case.

Not only is Grayling a non lawyer, he's a dangerous liar.