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Tuesday, February 10, 2009

Fink: What do you think? Comment Central Times on Line

Fink: What do you think? Comment Central Times on Line

Fink

"One can't help wondering what Iran's bloggers would have posted about the 1979 Revolution".

Errrrrrrrmmm?

Fink, I'm a blogger and I'm wondering what you think about the revolution occurring right under your nose?

Every revolution in history started in prison.

This one is no different. I can see why the Ministry of Justice is hell bent on trying to stop the communication from within prisons to the outside world via mobile phones with internet facilities.

"During the passage of the Representation of the People Act 2000, which enlarged the franchise to include remand prisoners and psychiatric inpatients (RPA 2000 ss2 and 4), Labour’s Harry Barnes suggested that in seeking to “enfranchise people who are dependent on decisions made by elected representatives” (HC Hansard 15 December 1999 Col 293-4) consideration should be given to extending voting rights to all prisoners. George Howarth, representing the Home Office, contended that Mr Barnes was “flying a kite when he suggested that it might be possible, or perhaps even right, to consider extending the franchise to convicted prisoners” (ibid, Col 300) and confirmed that the Government had “no intention” of so doing. In light of successive decisions by the ECtHR in Hirst, however, the situation has clearly changed, not only insofar as the need for the issue to be debated is concerned but also in terms of the UK’s freedom to cleave to longstanding policy and legislate accordingly".

Then there was...

"n the House of Lords in 2004, the Bishop of Worcester, in his role as Bishop to Her Majesty’s Prisons, questioned why the government had referred Hirst to the Grand Chamber at all. Lord Filkin, representing the Department for Constitutional Affairs, responded that, since Hirst challenged the position that prisoners should be denied the right to vote, the Government wanted to “ensure that the issues in relation to this important and long-standing policy are fully considered” (HL Hansard 14 July 2004 Col 1242). The problem is that referring important matters of penal policy to the Grand Chamber may, from the UK Government’s point of view, have been counterproductive since it invited an unelected ‘foreign body’ to enter the debate where our own Members of Parliament had been denied the opportunity".

The Court did fully consider, and the Government lost again. I cannot help but notice the broadsheets failure to see what is happening. The day before yesterday, I noticed that that in the Hong Kong Special Administrative Region of the People's Republic of China, that the Secretary for Constitutional & Mainland Affairs, Stephen Lam, has begun a full public consultation to allow convicted prisoners the vote. It took just under 2 months since a court decision. Meanwhile, back in the UK, it has taken Knee-jerk Jack, and Charles Falconer before him, almost 5 years and still they are no closer to enfranchising all convicted prisoners.

"Procrastination is the thief of time". For the Government, I am saying that time is up. Stop thief! We have to move on.

Given that Membership of the EU is dependent upon Member States adhering to the Convention, does the UK intend to pull out of Europe or alternatively implement the ECtHR decision in Hirst v UK(No2)? I will give the UK until 17-19 March 2009, when the Committee of Ministers has my case on the agenda for resolution, to decide to stay in or pull out.

In the meantime, there will be a Judicial Review against the Ministry of Justice to force the government's hand into compliance. I am aware that the case has caused something of a constitutional crisis, I did not study constitutional law for nothing. A belated thanks to the Prison Service for supplying me with the necessary funds and books to launch my legal challenges. Democracy is a wonderful thing, if there is the universal suffrage and not denying 60,000+ from having the vote in the UK. Prisoners are fed up with this Government's discrimination against a minority group within society.

It is also being contemplated that private law action will be launched against, for example, Lord Falconer and Dominic Grieve citing negligence.

The ultimate aim is honesty in government. It is time that the Government admitted how soundly beaten the UK was in Strasbourg. I beat their best constitutional scholars and lawyers. I will accept the UK Government's unconditional surrender. And will be only to happy as part of the peace agreement to put the country on the road to democratic recovery. The financial situation needs to be sorted out by those who are knowledgeable in economics, because it is not my area of expertise.

I love my country. But, am proud to be European and not English or British. The Terminator has just met his match in a Californian courtroom. The MoJ needs to be looking closely at the judgment, and start reducing our overcrowded penal estate (take a leaf out of Winston S. Churchill's book). And, forget about Titan Prisons. It ain't going to happen. Smaller, more manageable units is the way forward.

1 comment:

Harry Barnes said...

Are you aware of this blog on Iran?
http://azarmehr.blogspot.com/