BBC uses prisoners to work on programme archive plan
The BBC has used serving prisoners to work on its historic programme archives in a secret project uncovered by The Daily Telegraph.
Under the scheme, the publicly-funded broadcaster handed over footage to inmates who earn just £30 a week rather than members of its own 23,000 staff.
Convicts at a privately run Category B jail, the second-highest security level, transferred tapes of old television shows to computer to save them for posterity.
Senior staff in the BBC’s archives department visited the jail to watch the work in progress while meetings were held to discuss a landmark deal for the prisoners to digitise all 1million hours of programmes in its vaults.
Fearful about the controversy the scheme could cause, the BBC never discussed it publicly and even the broadcasting union, Bectu, was unaware of it. Details were obtained by this newspaper through a Freedom of Information request that took more than four months rather than the usual 20 working days.
The BBC insists that it has not given any money to Serco, the private jail operator, for the secret scheme nor signed any contracts, following the pilot project last year.
However emails disclosed by the corporation show that it had shown considerable interest in the innovative project proposed by Serco, which runs four prisons in England.
The BBC owns more than 1m hours of historic content, some of it decades old and at risk of being lost. It employs 66 people to look after it, at a cost of £5m a year, in its Information and Archives department. The corporation estimates it would take 10 years to safely copy all 100m items in its collection into longer-lasting digital formats.
In December 2008 it was approached by Serco to become involved in Artemis – Achieving Rehabilitation Through Establishing a Media Ingest Service – a new project for prisoners to transfer archive documents to computers.
Serco said it would provide “high-quality employment” and the chance of an NVQ qualification for inmates and HMP Lowdham Grange, a 628-capacity jail near Nottingham all of whose inmates are serving at least four years. The firm said this would mean it could provide a “stable work force”.
The BBC was told it would prove a “very cost-effective” way of digitising its archive, and several meetings were organised to discuss plans.
Managers agreed to hand over 20 hours of old videos, including episodes of Horizon and Earth Story, so prisoners could transfer them to computer and also add “meta-data” – typed detailed descriptions of the footage to help producers search through it more easily.
The British Library and National Archives also provided material for the pilot project.
In September last year, five members of BBC staff visited the jail, where a production workshop had been built, and were reported to be “pleased” with what they saw of the prisoners’ work and enthusiasm.
However David Crocker, the driving force behind the scheme at Serco, admitted: “The major concern was around the potential negative newspaper headlines that the BBC may attract.”
The company did discuss the scheme with one newspaper and one trade magazine but made no reference to the BBC’s involvement.
In November, Mr Crocker told the BBC: “I can’t thank you enough for finding a project for us to kick-start Artemis.”
He said his staff were drawing up “terms of reference” and would then “cost the project” of a full-scale digitisation of the BBC’s archive. However no deals have yet been signed.
The BBC said: “The BBC did hold discussions with Serco about their planned project to digitise archives. As part of this the BBC, alongside other organisations, provided some material for Serco to use as part of its feasibility study for the project.
“No payment was made to Serco as part of this, nor was any guarantee or promise of work entered into.
“The BBC has no plans to work with Serco to digitise its programme archive and has not come to any agreements nor signed any contracts with any firms about utilising the prison workforce on any project.”
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.
Site Meter
Sunday, May 23, 2010
Saturday, May 22, 2010
The Queen's Speech: Bill by Bill
The Queen's Speech: Bill by Bill
The Queen's Speech will contain pledges to introduce 21 bills and other legislation during the next parliamentary year. Here is what is planned:
BILLS FOR IMMEDIATE INTRODUCTION
The Queen's Speech will contain pledges to introduce 21 bills and other legislation during the next parliamentary year. Here is what is planned:
BILLS FOR IMMEDIATE INTRODUCTION
Queen's speech: No prisoners votes no “strong and fair society”
Queen's speech: No prisoners votes no “strong and fair society”
Queen's speech revealed: David Cameron's 500 day programme to change Britain
David Cameron's 500-day programme for turning Britain into a “strong and fair society” can be disclosed by The Sunday Telegraph.
It can be disclosed by Jailhouselawyers Blog that David Cameron (bearing in mind the big hole in Tory policy on Europe) has omitted an important element. The position in Europe. The UK is faced with the no votes for convicted prisoners, no votes for the UK in Europe. Surely, given the UK's precarious position in Europe, witnessed by 1 June 2010 Council Of Europe meeting, this issue should have been included within Cameron's 500 day programme?
Queen's speech revealed: David Cameron's 500 day programme to change Britain
David Cameron's 500-day programme for turning Britain into a “strong and fair society” can be disclosed by The Sunday Telegraph.
It can be disclosed by Jailhouselawyers Blog that David Cameron (bearing in mind the big hole in Tory policy on Europe) has omitted an important element. The position in Europe. The UK is faced with the no votes for convicted prisoners, no votes for the UK in Europe. Surely, given the UK's precarious position in Europe, witnessed by 1 June 2010 Council Of Europe meeting, this issue should have been included within Cameron's 500 day programme?
MoJ and police discipline Twitter sinners
MoJ and police discipline Twitter sinners
The Register reports
The Ministry of Justice and the Metropolitan Police have acknowledged disciplining staff for misusing online social networks.
The MoJ has sacked four employees and issued final warnings to three for misbehaving on sites such as Facebook and Twitter. Overall it has carpeted more than 40 staff for internet and email offences.
Scotland Yard has revealed that it has launched disciplinary proceedings against 28 police officers for breaching rules on social networking sites. 18 received written warnings for misusing social networking sites, five were given "words of advice" and four issued with a "formal misconduct" charge. The force decided to take no further action against one officer.
The Metropolitan Police Service (MPS) also disciplined five civilian staff for committing the same offence in the past 18 months – dismissing one of them.
The figures were released in response to freedom of information requests on misuse of social networks from Lewis Communications.
Staff at the MPS and the MoJ are banned from using social networking sites for personal reasons during working hours. This includes blogging, video and photo sharing and posting comments.
A number of employees have access to social networking sites for professional reasons with permission from senior management.
The MoJ has also taken disciplinary action against 41 staff for breaches of IT security policy. These included misuse of email, internet browsing, and incorrect use of passwords and log-in details.
Scotland Yard has issued a nine point guide advising officers not to disclose they are police, compromise themselves or the force or bring the service into disrepute if using social networking sites in their own time. If staff disclose that they work for MPS, they have to make it clear that any views expressed do not represent the official position of the force but are the views of the individual.
They are also told not to use the force's logo or other copyrighted material and must not post offensive images or comments, or in any way "harass, intimidate, bully, victimize or discriminate" against others.
The force said training was given to staff which underlines the importance of using all MPS computer systems in line with existing law and regulations.
It added: "All MPS police officers and police staff are expected to adhere to the MPS Information Code of Conduct which sets out the policy on the use of MPS Information and information communication and technology systems. The MPS Directorate of Information issues regular reminders to staff on the importance of ensuring they comply with this policy."
An MoJ spokesman said: "MoJ policy is that staff cannot access social networking sites for personal reasons. Staff can only access such sites for professional reasons if they are able to provide a strong business case that shows they need to use these media to perform their role."
The Register reports
The Ministry of Justice and the Metropolitan Police have acknowledged disciplining staff for misusing online social networks.
The MoJ has sacked four employees and issued final warnings to three for misbehaving on sites such as Facebook and Twitter. Overall it has carpeted more than 40 staff for internet and email offences.
Scotland Yard has revealed that it has launched disciplinary proceedings against 28 police officers for breaching rules on social networking sites. 18 received written warnings for misusing social networking sites, five were given "words of advice" and four issued with a "formal misconduct" charge. The force decided to take no further action against one officer.
The Metropolitan Police Service (MPS) also disciplined five civilian staff for committing the same offence in the past 18 months – dismissing one of them.
The figures were released in response to freedom of information requests on misuse of social networks from Lewis Communications.
Staff at the MPS and the MoJ are banned from using social networking sites for personal reasons during working hours. This includes blogging, video and photo sharing and posting comments.
A number of employees have access to social networking sites for professional reasons with permission from senior management.
The MoJ has also taken disciplinary action against 41 staff for breaches of IT security policy. These included misuse of email, internet browsing, and incorrect use of passwords and log-in details.
Scotland Yard has issued a nine point guide advising officers not to disclose they are police, compromise themselves or the force or bring the service into disrepute if using social networking sites in their own time. If staff disclose that they work for MPS, they have to make it clear that any views expressed do not represent the official position of the force but are the views of the individual.
They are also told not to use the force's logo or other copyrighted material and must not post offensive images or comments, or in any way "harass, intimidate, bully, victimize or discriminate" against others.
The force said training was given to staff which underlines the importance of using all MPS computer systems in line with existing law and regulations.
It added: "All MPS police officers and police staff are expected to adhere to the MPS Information Code of Conduct which sets out the policy on the use of MPS Information and information communication and technology systems. The MPS Directorate of Information issues regular reminders to staff on the importance of ensuring they comply with this policy."
An MoJ spokesman said: "MoJ policy is that staff cannot access social networking sites for personal reasons. Staff can only access such sites for professional reasons if they are able to provide a strong business case that shows they need to use these media to perform their role."
Manchester Carling Cup walk Para wins insurance battle
Manchester Carling Cup walk Para wins insurance battle
An injured Paratrooper who battled the odds to walk out at Wembley with the Carling Cup said he had won a compensation battle with insurers.
Private Dave Tatlock, of Manchester, was told he might never walk again after being hit by shrapnel in Afghanistan in July 2008.
But after he walked unaided onto the pitch in February he found out his insurance claim was under review.
Related content...
Norfolk policeman guilty of false insurance claim
A Norfolk police officer has been found guilty of making a false insurance claim for his Audi TT sports car which he said had been stolen.
An injured Paratrooper who battled the odds to walk out at Wembley with the Carling Cup said he had won a compensation battle with insurers.
Private Dave Tatlock, of Manchester, was told he might never walk again after being hit by shrapnel in Afghanistan in July 2008.
But after he walked unaided onto the pitch in February he found out his insurance claim was under review.
Related content...
Norfolk policeman guilty of false insurance claim
A Norfolk police officer has been found guilty of making a false insurance claim for his Audi TT sports car which he said had been stolen.
ASBO bans woman from lap dancing, pole dancing and prostitution
ASBO bans woman from lap dancing, pole dancing and prostitution
A woman alleged to have driven neighbours out of their homes by her sexual activities has been banned from inviting any men around for the night except for her brothers and the emergency services.
Many, many, years ago when I was in my late teens, I recall renting an attic room which was only partioned by sheets of hardboard. And there was a square space cut out for a window which was only covered by sack cloth to allow air through from my window. I used to hear sex noises and arguments coming from the next room and this used to annoy me, so I was glad to get out of there as soon as possible.
Having said this, I cannot say I would be disturbed by the woman above engaging in lap dancing, pole dancing and prostitution. I think I would quite enjoy the experience. However, it is one thing to be involved and quite another to just hear others involved.
Still, it does seem as though an ASBO is going too far. And I am not too keen on what amounts to a civil matter being turned into a criminal matter carrying a 5 year prison term, a measure which sneaks into law via the backdoor.
More on the case here.
A woman alleged to have driven neighbours out of their homes by her sexual activities has been banned from inviting any men around for the night except for her brothers and the emergency services.
Many, many, years ago when I was in my late teens, I recall renting an attic room which was only partioned by sheets of hardboard. And there was a square space cut out for a window which was only covered by sack cloth to allow air through from my window. I used to hear sex noises and arguments coming from the next room and this used to annoy me, so I was glad to get out of there as soon as possible.
Having said this, I cannot say I would be disturbed by the woman above engaging in lap dancing, pole dancing and prostitution. I think I would quite enjoy the experience. However, it is one thing to be involved and quite another to just hear others involved.
Still, it does seem as though an ASBO is going too far. And I am not too keen on what amounts to a civil matter being turned into a criminal matter carrying a 5 year prison term, a measure which sneaks into law via the backdoor.
More on the case here.
Friday, May 21, 2010
Coalition can break from failed justice policy
Coalition can break from failed justice policy
Abandoning the obsessive concentration on increasing prison capacity will allow the government to restructure justice system
What strikes you most about the new justice policy outlined in the coalition programme for government is the absence of rhetoric. The new watchwords are moderation, common sense and effectiveness. As an example: everyone knows that drugs and drink fuel crime and antisocial behaviour – so let's deal with addictions and binge-drinking in a way that reduces harm and cuts costs. The coalition government appears to be taking the opportunity to break with the failed legacy of vacuous prison-building and instead concentrate on what works in justice policy.
When the new justice secretary, Kenneth Clarke, was last in charge of prisons and penal policy, as home secretary, the average prison population in England and Wales (1992–1993) was 44,628. That figure now stands at over 85,000 – a number Clarke described after his appointment as "extraordinarily high". The political arms race over the criminal justice policy indulged in by successive Conservative and Labour administrations over the past two decades has seen the UK prison population grow from average to the highest in western Europe. As outlined in the Prison Reform Trust briefing launched this week, the social and economic costs of our addiction to custody have been immense.
Abandoning the obsessive concentration on increasing prison capacity will allow the government to restructure justice system
What strikes you most about the new justice policy outlined in the coalition programme for government is the absence of rhetoric. The new watchwords are moderation, common sense and effectiveness. As an example: everyone knows that drugs and drink fuel crime and antisocial behaviour – so let's deal with addictions and binge-drinking in a way that reduces harm and cuts costs. The coalition government appears to be taking the opportunity to break with the failed legacy of vacuous prison-building and instead concentrate on what works in justice policy.
When the new justice secretary, Kenneth Clarke, was last in charge of prisons and penal policy, as home secretary, the average prison population in England and Wales (1992–1993) was 44,628. That figure now stands at over 85,000 – a number Clarke described after his appointment as "extraordinarily high". The political arms race over the criminal justice policy indulged in by successive Conservative and Labour administrations over the past two decades has seen the UK prison population grow from average to the highest in western Europe. As outlined in the Prison Reform Trust briefing launched this week, the social and economic costs of our addiction to custody have been immense.
Exclusive: EU to block Cameron veto on Eurozone
Exclusive: EU to block Cameron veto on Eurozone
The Daily Telegraph reports...
David Cameron ready to veto German EU treaty plan
David Cameron has signalled that he would be ready to veto any attempt to create a new EU treaty to shore up the ailing eurozone.
Europe is a long way from the playing fields of Eton. David Cameron is free to take his ball home. It's a different game in Europe with it's own set of rules, own ball and own referee.
The UK ratified the Lisbon Treaty, including Protocol 14. The EU acceded to the Convention. Protocol 14 permits Rule 11 infringement proceedings to commence. Once a Member State reaches the 5 year stage of persistent non-compliance with the Convention and ECtHR decision (Hirst v UK(No2)), stronger sanctions may be applied. For example, suspending its voting rights within the Committee of Ministers, Council of Europe, and European Union.
Therefore, Cameron only has a veto if the UK plays ball with the CoM and EU. On 1 June 2010, it will be decided in Europe what sanctions to apply to the UK. It may only be removing the vote and playing a leading part in Europe, or could go as far as suspension and expulsion from the Council of Europe and European Union.
The Daily Telegraph reports...
David Cameron ready to veto German EU treaty plan
David Cameron has signalled that he would be ready to veto any attempt to create a new EU treaty to shore up the ailing eurozone.
Europe is a long way from the playing fields of Eton. David Cameron is free to take his ball home. It's a different game in Europe with it's own set of rules, own ball and own referee.
The UK ratified the Lisbon Treaty, including Protocol 14. The EU acceded to the Convention. Protocol 14 permits Rule 11 infringement proceedings to commence. Once a Member State reaches the 5 year stage of persistent non-compliance with the Convention and ECtHR decision (Hirst v UK(No2)), stronger sanctions may be applied. For example, suspending its voting rights within the Committee of Ministers, Council of Europe, and European Union.
Therefore, Cameron only has a veto if the UK plays ball with the CoM and EU. On 1 June 2010, it will be decided in Europe what sanctions to apply to the UK. It may only be removing the vote and playing a leading part in Europe, or could go as far as suspension and expulsion from the Council of Europe and European Union.
Prison numbers in England and Wales hits record high
Prison numbers in England and Wales hits record high
The prison population in England and Wales has reached a record high of 85,201, it has emerged.
Ministry of Justice figures show this figure was 192 more than last Friday.
Campaigners have called for Justice Secretary Ken Clarke to freeze the building of new prisons and stop the number of inmates rising further.
In February Jack Straw, the then justice secretary, announced the end of an early release scheme which saw more than 80,000 offenders let out.
The prison population in England and Wales has reached a record high of 85,201, it has emerged.
Ministry of Justice figures show this figure was 192 more than last Friday.
Campaigners have called for Justice Secretary Ken Clarke to freeze the building of new prisons and stop the number of inmates rising further.
In February Jack Straw, the then justice secretary, announced the end of an early release scheme which saw more than 80,000 offenders let out.
Thursday, May 20, 2010
What now for the Human Rights Act?
What now for the Human Rights Act?
The future of the act is the legal elephant in the room for the coalition – it must make its position clear, and now
As the country gradually acclimatises to the new coalition government, there is a legal elephant in the room: what is going to happen to the Human Rights Act?
The future of the act is the legal elephant in the room for the coalition – it must make its position clear, and now
As the country gradually acclimatises to the new coalition government, there is a legal elephant in the room: what is going to happen to the Human Rights Act?
European Court of Human Rights reinforces the right to vote
European Court of Human Rights reinforces the right to vote
Following the Hirst judgment, the Strasbourg court rules in Alajos Kiss v Hungary on the right to vote for those with mental health problems
Today the European Court of Human rights issued an important judgment in a case on voting rights for the mentally disabled: Alajos Kiss v. Hungary. The applicant in the case suffered from manic depression and had for that reason been placed under partial guardianship. Since the Hungarian Constitution contained an absolute voting ban for people put under guardianship, he could not vote in the 2006 parliamentary elections. The European Court held unanimously that such an absolute ban violated the right to free elections of Article 3 of Protocol 1 ECHR.
The Court did accept the Government's contention that "that only citizens capable of assessing the consequences of their decisions and making conscious and judicious decisions should participate in public affairs" (para. 38.), but did not buy the consequence Hungary attached to it, namely an automatic exclusion from the right to vote. The Court thus held that the ban was disproportionate. It is useful to quote the relevant parts of the Court's reasoning in full:
41. The Court accepts that this is an area in which, generally, a wide margin of appreciation should be granted to the national legislature in determining whether restrictions on the right to vote can be justified in modern times and, if so, how a fair balance is to be struck. In particular, it should be for the legislature to decide as to what procedure should be tailored to assessing the fitness to vote of mentally disabled persons. The Court observes that there is no evidence that the Hungarian legislature has ever sought to weigh the competing interests or to assess the proportionality of the restriction as it stands.
42. The Court cannot accept, however, that an absolute bar on voting by any person under partial guardianship, irrespective of his or her actual faculties, falls within an acceptable margin of appreciation. Indeed, while the Court reiterates that this margin of appreciation is wide, it is not all-embracing (Hirst v. the United Kingdom (no. 2) [GC], op. cit., § 82). In addition, if a restriction on fundamental rights applies to a particularly vulnerable group in society, who have suffered considerable discrimination in the past, such as the mentally disabled, then the State's margin of appreciation is substantially narrower and it must have very weighty reasons for the restrictions in question (cf. also the example of those suffering different treatment on the ground of their gender - Abdulaziz, Cabales and Balkandali v. the United Kingdom, 28 May 1985, § 78, Series A no. 94, race - D.H. and Others v. the Czech Republic [GC], no. 57325/00, § 182, ECHR 2007 ..., or sexual orientation - E.B. v. France [GC], no. 43546/02, § 94, ECHR 2008 ...). The reason for this approach, which questions certain classifications per se, is that such groups were historically subject to prejudice with lasting consequences, resulting in their social exclusion. Such prejudice may entail legislative stereotyping which prohibits the individualised evaluation of their capacities and needs (cf. Shtukaturov v. Russia, no. 44009/05, § 95, 27 March 2008).
43. The applicant in the present case lost his right to vote as the result of the imposition of an automatic, blanket restriction on the franchise of those under partial guardianship. He may therefore claim to be a victim of the measure. The Court cannot speculate as to whether the applicant would still have been deprived of the right to vote even if a more limited restriction on the rights of the mentally disabled had been imposed in compliance with the requirements of Article 3 of Protocol No. 1 (see mutatis mutandis Hirst v. the United Kingdom (no. 2), op.cit, §§ 48 to 52).
44. The Court further considers that the treatment as a single class of those with intellectual or mental disabilities is a questionable classification, and the curtailment of their rights must be subject to strict scrutiny. This approach is reflected in other instruments of international law, referred to above (paragraphs 14-17). The Court therefore concludes that an indiscriminate removal of voting rights, without an individualised judicial evaluation and solely based on a mental disability necessitating partial guardianship, cannot be considered compatible with the legitimate grounds for restricting the right to vote. There has accordingly been a violation of Article 3 of Protocol No. 1 to the Convention. (my emphasis, A.B.)
Undoubtedly this has consequences for other European countries as well. There is a strong parallel between this case and the earlier case of Hirst v. the United Kingdom (No. 2) of 2005 in which the Court found that blanket bans on voting rights for prisoners violated the Convention (not yet implemented by the UK, by the way). The principle of individual judicial assessment is now broadened to people with mental disabilities. This underscores the importance of the right to vote and the extreme caution needed when limiting that right. A kiss before voting - from the Court to the applicant - to paraphrase a famous James Bond movie!
Furthermore, it is notable that the Court refers for the very first time, as far as I am aware, to the recent UN Convention on the Rights of Persons with Disabilities (this is the international law instrument mentioned in para. 14, to which the Court refers).
Following the Hirst judgment, the Strasbourg court rules in Alajos Kiss v Hungary on the right to vote for those with mental health problems
Today the European Court of Human rights issued an important judgment in a case on voting rights for the mentally disabled: Alajos Kiss v. Hungary. The applicant in the case suffered from manic depression and had for that reason been placed under partial guardianship. Since the Hungarian Constitution contained an absolute voting ban for people put under guardianship, he could not vote in the 2006 parliamentary elections. The European Court held unanimously that such an absolute ban violated the right to free elections of Article 3 of Protocol 1 ECHR.
The Court did accept the Government's contention that "that only citizens capable of assessing the consequences of their decisions and making conscious and judicious decisions should participate in public affairs" (para. 38.), but did not buy the consequence Hungary attached to it, namely an automatic exclusion from the right to vote. The Court thus held that the ban was disproportionate. It is useful to quote the relevant parts of the Court's reasoning in full:
41. The Court accepts that this is an area in which, generally, a wide margin of appreciation should be granted to the national legislature in determining whether restrictions on the right to vote can be justified in modern times and, if so, how a fair balance is to be struck. In particular, it should be for the legislature to decide as to what procedure should be tailored to assessing the fitness to vote of mentally disabled persons. The Court observes that there is no evidence that the Hungarian legislature has ever sought to weigh the competing interests or to assess the proportionality of the restriction as it stands.
42. The Court cannot accept, however, that an absolute bar on voting by any person under partial guardianship, irrespective of his or her actual faculties, falls within an acceptable margin of appreciation. Indeed, while the Court reiterates that this margin of appreciation is wide, it is not all-embracing (Hirst v. the United Kingdom (no. 2) [GC], op. cit., § 82). In addition, if a restriction on fundamental rights applies to a particularly vulnerable group in society, who have suffered considerable discrimination in the past, such as the mentally disabled, then the State's margin of appreciation is substantially narrower and it must have very weighty reasons for the restrictions in question (cf. also the example of those suffering different treatment on the ground of their gender - Abdulaziz, Cabales and Balkandali v. the United Kingdom, 28 May 1985, § 78, Series A no. 94, race - D.H. and Others v. the Czech Republic [GC], no. 57325/00, § 182, ECHR 2007 ..., or sexual orientation - E.B. v. France [GC], no. 43546/02, § 94, ECHR 2008 ...). The reason for this approach, which questions certain classifications per se, is that such groups were historically subject to prejudice with lasting consequences, resulting in their social exclusion. Such prejudice may entail legislative stereotyping which prohibits the individualised evaluation of their capacities and needs (cf. Shtukaturov v. Russia, no. 44009/05, § 95, 27 March 2008).
43. The applicant in the present case lost his right to vote as the result of the imposition of an automatic, blanket restriction on the franchise of those under partial guardianship. He may therefore claim to be a victim of the measure. The Court cannot speculate as to whether the applicant would still have been deprived of the right to vote even if a more limited restriction on the rights of the mentally disabled had been imposed in compliance with the requirements of Article 3 of Protocol No. 1 (see mutatis mutandis Hirst v. the United Kingdom (no. 2), op.cit, §§ 48 to 52).
44. The Court further considers that the treatment as a single class of those with intellectual or mental disabilities is a questionable classification, and the curtailment of their rights must be subject to strict scrutiny. This approach is reflected in other instruments of international law, referred to above (paragraphs 14-17). The Court therefore concludes that an indiscriminate removal of voting rights, without an individualised judicial evaluation and solely based on a mental disability necessitating partial guardianship, cannot be considered compatible with the legitimate grounds for restricting the right to vote. There has accordingly been a violation of Article 3 of Protocol No. 1 to the Convention. (my emphasis, A.B.)
Undoubtedly this has consequences for other European countries as well. There is a strong parallel between this case and the earlier case of Hirst v. the United Kingdom (No. 2) of 2005 in which the Court found that blanket bans on voting rights for prisoners violated the Convention (not yet implemented by the UK, by the way). The principle of individual judicial assessment is now broadened to people with mental disabilities. This underscores the importance of the right to vote and the extreme caution needed when limiting that right. A kiss before voting - from the Court to the applicant - to paraphrase a famous James Bond movie!
Furthermore, it is notable that the Court refers for the very first time, as far as I am aware, to the recent UN Convention on the Rights of Persons with Disabilities (this is the international law instrument mentioned in para. 14, to which the Court refers).
Guardian's error in law
Guardian's error in law
"A dispute over the future of the British commitment to the European convention on human rights has been settled by setting up a commission, but any British bill of rights will incorporate and build on all obligations under the ECHR and ensure that these rights continue to be enshrined in British law".
We have English law.
There is no such thing as British law!
Besides, what British commitment? As I understand it, the Tories and Eurosceptics are against the ECHR.
Finally, why isn't the Guardian attacking the Xenophobic "British bill of rights"? What next Foreigners/Aliens bill of rights?
Human rights are universal. If there is to be a bill of rights it does not need the word British before bill of rights.
"A dispute over the future of the British commitment to the European convention on human rights has been settled by setting up a commission, but any British bill of rights will incorporate and build on all obligations under the ECHR and ensure that these rights continue to be enshrined in British law".
We have English law.
There is no such thing as British law!
Besides, what British commitment? As I understand it, the Tories and Eurosceptics are against the ECHR.
Finally, why isn't the Guardian attacking the Xenophobic "British bill of rights"? What next Foreigners/Aliens bill of rights?
Human rights are universal. If there is to be a bill of rights it does not need the word British before bill of rights.
LibCons announce reductionist policy on prisons
LibCons announce reductionist policy on prisons
I was just thinking about saving taxpayers money on prisons and ending private profit in prisons, so this is welcome news...
Cameron concedes on prison building
Why not now go all the way like Winston S. Churchill who reduced the prison population by 50%?
I was just thinking about saving taxpayers money on prisons and ending private profit in prisons, so this is welcome news...
Cameron concedes on prison building
Why not now go all the way like Winston S. Churchill who reduced the prison population by 50%?
Cameron and Clegg found guilty?
Cameron and Clegg found guilty?
UPDATE: Malawi pardons jailed gay couple
Photo: Hat-Tip to Daniel Finkelstein
UPDATE: Malawi pardons jailed gay couple
Photo: Hat-Tip to Daniel Finkelstein
RIGHT TO A CUSHY LIFE IN PRISON
RIGHT TO A CUSHY LIFE IN PRISON
Life for prisoners has become cushier as a result of the Act. They now have the right to vote.
Inmates also won generous compensation for having been forced to 'slop out' in jail cells that don't have toilets, and there have been payouts of £1million to heroin addicts denied their 'right' to methadone.
As a result of claims, legal aid to prisoners has risen 19 times since 2000 - to £19million a year.
"They now have the right to vote". Whilst it is true that convicted prisoners now have the human right to vote, perhaps the Daily Mail would now like to educate its readers and inform them precisely why those convicted prisoners were unable to exercise this human right at the last General Election?
Life for prisoners has become cushier as a result of the Act. They now have the right to vote.
Inmates also won generous compensation for having been forced to 'slop out' in jail cells that don't have toilets, and there have been payouts of £1million to heroin addicts denied their 'right' to methadone.
As a result of claims, legal aid to prisoners has risen 19 times since 2000 - to £19million a year.
"They now have the right to vote". Whilst it is true that convicted prisoners now have the human right to vote, perhaps the Daily Mail would now like to educate its readers and inform them precisely why those convicted prisoners were unable to exercise this human right at the last General Election?
Tory MP David Davies says he is personally in favour of torture!
Tory MP David Davies says he is personally in favour of torture!
The Conservative MP for Monmouth, David Davies, insisted that the Government should repeal the Act after the new commission has properly considered the legal implications.
'Active members of Al Qaeda and the Taliban are living in this country and not being deported because of concerns about their human rights if something horrible happens to them if they are sent home,' Mr Davies said.
'Personally I would have thought that would be a bonus rather than a reason for not sending them back.
'I don't mind if the Act is torn up, changed or amended. But I hope that whatever this commission comes up with, the views of the vast majority of people in this country who believe it is fundamentally wrong are respected.'
The Conservative MP for Monmouth, David Davies, insisted that the Government should repeal the Act after the new commission has properly considered the legal implications.
'Active members of Al Qaeda and the Taliban are living in this country and not being deported because of concerns about their human rights if something horrible happens to them if they are sent home,' Mr Davies said.
'Personally I would have thought that would be a bonus rather than a reason for not sending them back.
'I don't mind if the Act is torn up, changed or amended. But I hope that whatever this commission comes up with, the views of the vast majority of people in this country who believe it is fundamentally wrong are respected.'
LibCons cuts effect policing
LibCons cuts effect policing
Police unveil pedal-powered patrol car
Police have unveiled a pedal-powered patrol car complete with siren and blue flashing light.
Burglars sent prison postcards by police in Nottingham
Persistent burglars are being sent Wish You Were Here postcards of a prison cell to try to stop them offending again.
Police unveil pedal-powered patrol car
Police have unveiled a pedal-powered patrol car complete with siren and blue flashing light.
Burglars sent prison postcards by police in Nottingham
Persistent burglars are being sent Wish You Were Here postcards of a prison cell to try to stop them offending again.
Subscribe to:
Posts (Atom)