Pages

Tuesday, 16 June 2015

Focus on Britain

Using Magna Carta to justify Human Rights Act repeal ‘insult to British history’ – Amnesty

Prime Minister David Cameron, speaks during an event marking the 800th anniversary of Magna Carta in Runymede, Britain. (Reuters / Stefan Wermuth)

15 June, 2015

Tory plans to sever ties with the European Court of Human Rights by repealing the Human Rights Act and replacing it with a British Bill of Rights will protect the legacy of a 13th century piece of parchment Britons should be proud of, David Cameron says.

Cameron made the remark at a ceremonial event commemorating the 800th anniversary of the Magna Carta in Runnymede, Surrey. Historians say the spot, located near Windsor, was where King John of England sealed the charter in 1215.

Penned in Medieval Latin, the 3,500-word Magna Carta is interpreted by some as the world’s first declaration of the rule of law. It was drafted by the Archbishop of Canterbury to broker peace between King John and 25 progressive English barons, who sought a fairer system of governance.

Like the Holy Grail, the myth of Magna Carta seems to matter more than the reality.http://t.co/NgaldyTj78 pic.twitter.com/gia7t5vrrl
— NYT Opinion (@nytopinion) June 15, 2015
The archaic charter promised access to swift avenues of justice, protection against the illegal detainment of barons and caps on feudal payments to the Crown.
Addressing crowds at Runnymede, Cameron said the document heralded democracy as we know it.
He went on to claim the good name” of human rights has been manipulated and eroded in Britain in recent years.

For centuries, Magna Carta has been quoted to help promote human rights and alleviate suffering all around the world,” he said.

But here in Britain ironically, the place where those ideas were first set out, the good name of human rights has sometimes been distorted and devalued,” the PM continued.

Cameron said the task of reviving the reputation of these rights lies with this generation. He said Britain’s legal system is key to this objective.
It is our duty to safeguard the legacy, the idea, the momentous achievement of those barons. And there couldn’t be a better time to reaffirm that commitment than on an anniversary like this,” he said.

As we celebrate its 800th anniversary, we must pledge to keep #MagnaCarta's principles alive for future generations pic.twitter.com/TFN3aO4Y1Q
— David Cameron (@David_Cameron) June 15, 2015
Cameron’s remarks have angered human rights advocates in Britain, particularly Labour and Conservative ex-lord chancellors, who warn against dismantling the Human Rights Act and breaking away from the ECHR.
Speaking to RT on Monday, Amnesty International UK’s Head of Policy and Government Affairs Allan Hogarth accused the PM of hijacking a historical event to further the Conservative agenda.
David Cameron’s use of the anniversary of Magna Carta to justify scrapping the Human Rights Act will have those 13th-century barons spinning in their highly-ornate, lead-lined coffins,” he said.
Any move to scrap the Act would be a real blow for human rights in this country and around the world.”

Hogarth warned the Human Rights Act must not be discarded on a whim.
Ordinary people across the world are still fighting for the rights we enjoy in the UK – we must not let politicians take away these hard-won rights at the stroke of a pen,” he said.

Rather than grandstanding at Runnymede, the prime minister should be standing up for human rights at home and abroad.”

800 years on from #MagnaCarta, our human rights are under threat. Stop the rollback:http://t.co/YZr1DKaJaV pic.twitter.com/mOZso2u07M
— Amnesty UK (@AmnestyUK) June 15, 2015
Speaking to crowds at Monday's Magna Carta event, Cameron claimed the charter changed the world.
The limits of executive power, guaranteed access to justice, the belief that there should be something called the rule of law, that there shouldn’t be imprisonment without trial – Magna Carta introduced the idea that we should write these things down and live by them,” he said.

That might sound like a small thing to us today. But back then, it was revolutionary, altering forever the balance of power between the governed and the government.”

However, Professor of Medieval History at the University of East Anglia Nicholas Vincent told the New York Times the Magna Carta is a load of trip.”

The myth of Magna Carta lies at the whole origin of our perception of who we are as an English-speaking people, freedom-loving people who’ve lived with a degree of liberty and under a rule of law for 800 years,” he said.

It’s a load of tripe, of course. But it’s a very useful myth.”

Labour leadership contender and shadow home secretary Yvette Cooper accused Cameron of trying to “hijack” the ceremony.

The Prime Minister is trying to hijack this important celebration of Magna Carta to push his ill-thought-through plans for abolishing the Human Rights Act,” she said, warning the move demeans his office.”


Neither King John nor the 13th century rebel barons, who were central to the Magna Carta’s founding, upheld its terms. The age-old charter was eventually scrapped by Pope Innocent III, sparking the First Barons’ War.
In 2012, critics slammed Cameron for being historically illiterate after it emerged the PM knew little of the Magna Carta.
Cameron embarrassed himself live on air in an interview with the Late Show’s David Letterman, after the presenter quizzed him on British history.
Asked for the translation of Magna Carta (Latin for ‘the Great Charter’) Cameron fell silent, unable to offer a response.

UK Says Happy Birthday to Magna Carta but Goodbye to Human Rights

The 800th anniversary of the Magna Carta is being celebrated in Britain at a time when critics of the Conservative government say ministers are eroding democracy and human rights with new surveillance laws and moves to scrap the Human Rights Act.


15 June, 2015


The Magna Carta — was imposed upon King John in 1215 by a group of subjects — the barons — to limit his powers by law and protect their rights. Last year David Cameron said that it "paved the way for democracy, equality, respect and the law that makes Britain, Britain."  

As we celebrate its 800th anniversary, we must pledge to keep #MagnaCarta's principles alive for future generations pic.twitter.com/TFN3aO4Y1Q
— David Cameron (@David_Cameron) June 15, 2015
Delivering a speech to commemorate the Magna Carta, David Cameron said the charter had "further relevance today."


"For centuries, it has been quoted to help promote human rights and alleviate suffering all around the world. But here in Britain, ironically, the place where those ideas were first set out, the good name of 'human rights' has sometimes become distorted and devalued. It falls to us in this generation to restore the reputation of those rights — and their critical underpinning of our legal system. It is our duty to safeguard the legacy, the idea, the momentous achievement of those barons."


"And there couldn't be a better time to reaffirm that commitment than on an anniversary like this."
Magna Carta lasted 800 years & now Western gov's are trying to rescind it#SnoopersCharter #NSA #NDAA #C51 pic.twitter.com/U4f1ho2dPA
— Ian56 (@Ian56789) June 15, 2015

But while David Cameron today hails the magnificence of the Magna Carta and its values, only last month he revealed the party's steadfast intention to scrap the Human Rights Act and replace it with a British Bill of Rights and Responsibilities. 

The intention is to limit the power that the European Court of Human Rights has over courts in Britain.
Occupy London (@OccupyLondon) June 15, 2015
800 years on from #MagnaCarta, our human rights are under threat. Stop the rollback:http://t.co/YZr1DKaJaV pic.twitter.com/mOZso2u07M
— Amnesty UK (@AmnestyUK) June 15, 2015

And speaking on the 800th Anniversary of the Magna Carta, Stephen Bowen, Director of the British Institute of Human Rights, said:

"For centuries, the Magna Carta has stood for the idea that government power is subject to the rule of law. Today, the most fitting tribute to the Magna Carta would be for the government to scrap its plans to scrap our Human Rights Act, which protects us all from the power of the state."


"That would truly demonstrate that the legacy of Magna Carta is not simply legend but lives on here at home."

Persecuting Whistleblowers, Greenpeace at War with Shell and Undemocratic Elections





Afshin goes underground with Norman Solomon, founder of the Institute for Public Accuracy on the persecution of whistleblowers and the fear that leads to self-censorship of the press. And with a 75 percent chance of an oil spill, we break the ice with Greenpeace over Shell drilling for oil in the Arctic. Plus, were you one of the 24 percent who voted Cameron into Downing Street? Or would you have preferred to vote ‘None of the Above?’ NOTA UK founder Jamie Stanley argues the electoral system is broken. 


Behind the Magna Carta spin, Britain's 'dictatorship of the 1%' is taking shape
A consistent pattern is emerging in the UK government's plans and policies, writes Paul Mobbs: the stripping away of human rights and freedoms; the detachment of public institutions from democratic accountability; an increase of the powers of the state; and the empowerment of corporations at the expense of people. We must act to preserve our liberties, while we still can.

Paul Mobbs



11 June, 2015

What do academy schools, fracking and international trade negotiations have in common?

They're all part of the Conservative Government's agenda to roll back the ability of the public to question official policy, and to allow business interests to press ahead with their questionable economic projects unchallenged.

As Britain celebrates the 800th anniversary of the signing of the Magna Carta in June 1215 [1], an unprecedented dilution of democratic power, written into law under the last Con-Dem administration, has been enacted.


For example, in 2014 there was widespread public objection to the Government's'care.data' scheme [2], which allows the use of NHS patient medical records by a range of private organisations.


The ability of the NHS to pass data to companies, outside the normal controls of data protection law, had been given legal sanction under the Health and Social Care Act 2012[3] - which effectively privatized the health service [4].
With much fanfare, and an expressed will to 'protect patient choice', the Government granted an opt-out for those who did not want their sensitive personal medical data shared. Then in early 2015 it emerged that the opt-outs were being disregarded [5] because NHS service contractors - essential to the Government's privatization plans - could not access NHS patient data under the terms of the pt-out.


In June 2015 it was quietly acknowledged that the 700,000 patients who had opted-out[6] were deliberately having their wishes deliberately ignored to save money [7].

Behind the smokescreen, a hard right ideological agenda

The 'care.data' plan opt-outs had been a public relations smokescreen. Behind it the Government continued to purposefully pursue a wider ideological agenda - and of course ideology does not require objective evidence to validate its objectives.

In May 2015, the new Conservative Government outlined new proposals which will further restrict the public's rights to be consulted, to object, and to challenge actions by the state. These will constrain the public's rights to participate in and object to Government policy even further.

The Queen's Speech contained [8] a list of proposed laws [9], the majority of which do not focus on making our society more inclusive. From imposing further restrictions on unions [10], to the mass collection of data [11], to redefining the term "extremist" to cover non-violent dissent [12] - the focus of these new laws is on removing or diluting the public rights to review decisions, increasing the dictatorial power of the state.


One of the measures, based upon the shakiest of evidence, is the Education and Adoption Bill [13]. This seeks to increase the number of academy schools - even where the parents[14] or the governors [15] of a school strongly object to the change.


On Wednesday 3rd June Education Secretary Nicky Morgan told the BBC's Today Programme [16] that -


"Parents of course have every right and should be very interested in their child's education, but there also comes a point to say when the education is being held back, progress that children make is being held back due to legal processes and judicial reviews and appeals and actually I think what most parents want is their child to make progress ... "


If based on objectively measured evidence of 'progress', the Education Secretary would have an argument to press this case. That 'progress' is, however, questionable [17], and is not based upon clear evidence of improvements brought about by academy status.


As stated in the summary of the (Conservative chaired) Commons Education Select Committee's report published in January 2015 [18] -

There is a complex relationship between attainment, autonomy, collaboration and accountability. Current evidence does not allow us to draw conclusions on whether academies in themselves are a positive force for change.

We saw this same over-riding of local concern over issues such as 'fracking' [19] under the last Government.

The deliberate erosion of British human rights

What is less well understood are the subtle changes which have enabled the imposition of these policies - which will worsen as these new laws take effect. Little by little, they are eroding the body of British civil rights which have developed over the last seventy years.

This attack on the public's ability to keep a check on Government power was outlined by David Cameron in a speech to the CBI [20] in November 2012.
As his speech detailed, today we find that: public consultation has been cut; laws, such as the 'care.data' proposals, are being force through with little check on their impacts; and the public's rights to access the courts has been curtailed.

This will have a chilling effect on our democracy in future, even without the changes currently in the pipeline.

This last aspect - reducing our ability to access the courts - is perhaps the most damaging to our democratic process. Legal aid cuts have stripped many people of their basic human rights to access the justice system [21]. Our ability as citizens to challenge decision-making directly, through judicial review, has also been deliberately weakened [22] to give the Government greater power.


The last phase of that process, under the Criminal Justice and Courts Act 2015 [23], was commenced just before the election. This changes ancient traditions - such as only having one magistrate presiding over cases instead of three. Other changes mean that rights to judicial review only apply to those with a direct interest in the issue, and under a range of limiting conditions.


Also, if a person 'crowd sources' the funding for a court case in order to get over the barrier of the high costs involved, then in future every one of the people providing a contribution will be personally liable for costs if the case fail.

Criminalising 'non-violent extremism', increasing power to snoop
Perhaps the most chilling issue in the pipeline is the much talked about 'extremism' legislation. The problem here, as outlined in the Home Secretary's speech to the Conservative Party conference [24] in September 2014, is that the Government want to control "non-violent extremism" [25].


How can 'non-violence' be considered extreme? At what point does advocating non-violence policy change become 'extreme'? At what point does the human right of 'free speech' become 'extremism' if it does not involve the use of or incitement to violence?

These are very dangerous ideas because the Government does not base its arguments upon clear objective criteria, but upon acts which "undermine British values". That is of course something that varies subjectively according to your political outlook and social background. With an increasingly illiberal, reactionary Government, this clash over 'values' is critical to how these changes will be enacted in law.


In parallel to this, the ability to police 'non-violent extremism' will be augmented [26] by the Government's updated 'snoopers charter' [27].


Just as law-makers in the USA are beginning to let the post-11/9 surveillance powers lapse [28], in Britain the Government is paving the way for a new generation of computer-based 'big data' [29] surveillance technologies to be created and deployed against the public [30].


In the modern world we no longer, as citizens, talk about 'civil liberties' [31]. Instead today's civil liberties debate is often centred upon 'privacy' [32] as the single exemplar of personal freedom.


In many ways, in our technological society [33], 'privacy' has come to replace the concepts once described within the historic debate over 'liberty' - since it is the imposition of those technological oversight mechanisms which have the greatest impact upon our everyday lives.


The problem is participation in the modern 'wired' economy requires us to trade away our privacy, whether we like it or not. The Government's anti-extremism agenda also requires us to trade our personal privacy for alleged 'security' - even though the Government's existing policies are statistically far more threatening [34] to our personal health and well-being than any combination of terror threats.
As a result, that negation of 'privacy' necessarily means a dilution of our traditional 'civil liberty'. From the privatization of the NHS and 'care.data', to the tightening grip of the' security state' [35], our privacy is being either ignored or diluted [36] - in the name of greater administrative efficiency, or to enable anti-terror or extremism measures.


Who's calling the shots here? Certainly not the 99%

Given the increasing dominance of corporate interests in the financing of our political parties, what this inevitably means is enacting the diktats of the '1%' [37] rather than policies which benefits everyone across society. That's because, under this new system, the '1%' are the only ones with money to access to the courts, and fund politicians, to protect their interests.

The Government's support for the Transatlantic Trade and Investment Partnership [38] (TTIP), effectively dis-empowering the public's collective interest in favour of private interests [39], will exacerbate this process if it is enacted.


That situation is, of course, made far worse the recent reforms to our abilities to access the courts and legal aid - because we cannot enforce what putative rights we may have.
Whether it is the issue of fracking, or health privatization, or the Government's increasingly dictatorial methods of enacting policy, all these issues have become a civil rights struggle - one which requires the public to unite against their unrepresentative political masters [40].


Slowly, like the proverbial frog in a saucepan, Britain is sliding towards a dictatorial rule by the state, very much along the lines of that predicted by Aldous Huxley 50 years ago[41]:


"Only a large-scale popular movement toward decentralization and self-help can arrest the present tendency toward statism. A really efficient totalitarian state would be one in which the all-powerful executive of political bosses and their army of managers control a population of slaves who do not have to be coerced, 

because they love their servitude. To make them love it is the task assigned, in present-day totalitarian states, to ministries of propaganda, newspaper editors and schoolteachers."


Whatever your personal interest [42] these changes require a public response [43] from each one of us ...

Do you have the will to directly challenge the dismantling of our democratic rights?

Paul Mobbs is an independent environmental consultant, investigator, author and lecturer, and maintains the Free Range Activism Website (FRAW).
This article was originally published on FRAW.

References:
  1. Magna Carta 800th - http://magnacarta800th.com/
  2. NHS: 'The care data system - Your health and care records' -http://www.nhs.uk/NHSEngland/thenhs/records/healthrecords/Pages/care-data.aspx
  3. Wikipedia: 'Health and Social Care Act 2012' -https://en.wikipedia.org/wiki/Health_and_Social_Care_Act_2012
  4. Sell Off!, Peter Bach, 2015 - http://www.selloff.org.uk/nhs/default.html
  5. NHS disregards patient requests to opt out of sharing medical records, Randeep Ramesh, Guardian On-line, 22nd January 2015 -http://www.theguardian.com/society/2015/jan/22/nhs-disregards-patients-requests-sharing-medical-records
  6. Nearly 1 million patients could be having confidential data shared against their wishes, Peter Dominiczak, Telegraph On-line, 5th June 2015 -http://www.telegraph.co.uk/news/health/news/11655777/Nearly-1million-patients-could-be-having-confidential-data-shared-against-their-wishes.html
  7. NHS blows £5 MILLION on delayed Care.data, Ket Hall, The Register, 2nd June 2015 -http://www.theregister.co.uk/2015/06/02/nhs_blows_5_million_on_caredata/
  8. Queen's Speech 2015: Bill-by-bill, BBC News On-line, 27th May 2015 -http://www.bbc.co.uk/news/uk-politics-32898443
  9. Policy paper - Queen's Speech 2015: what it means for you, Prime Minister's Office/Cabinet Office, 27th May 2015 -https://www.gov.uk/government/publications/queens-speech-2015-what-it-means-for-you/queens-speech-2015-what-it-means-for-you
  10. Labour funding will be hit hard by changes to political levy system, Patrick Wintour, Guardian On-line, 27th May 2015 -http://www.theguardian.com/politics/2015/may/27/labour-funding-hit-change-political-levy-bill
  11. Security services' powers to be extended in wide-ranging surveillance bill, Alan Travis, Guardian On-line, 27th May 2015 - http://www.theguardian.com/uk-news/2015/may/27/security-services-investigatory-powers-bill
  12. If 'non-violent extremists' can't express their views at universities, where can they?, Geoffrey Alderman, The Spectator, 4th March 2015 -http://blogs.spectator.co.uk/coffeehouse/2015/03/one-mans-extremist-is-another-mans-purveyor-of-common-sense/
  13. Policy paper - Queen's Speech 2015: 'Education and Adoption Bill', Prime Minister's Office/Cabinet Office, 27th May 2015 -https://www.gov.uk/government/publications/queens-speech-2015-what-it-means-for-you/queens-speech-2015-what-it-means-for-you#education-and-adoption-bill
  14. Education bill to close 'loopholes' blocking academies expansion, Richard Adams and Frances Perraudin, Guardian On-line, 3rd June 2015 -http://www.theguardian.com/education/2015/jun/03/education-bill-loopholes-academies-schools
  15. Education Bill is an 'extraordinary attack' on free speech, says campaigner, Freddie Whittaker, Schools Week, 4th June 2015 - http://schoolsweek.co.uk/education-bill-forces-support-for-academies/
  16. Nicky Morgan on Academies plan, Today Programme, BBC Radio 4, Wednesday 3rd June 2015. Podcast has now expired but a copy is on-line at -http://www.fraw.org.uk/mei/musings/2015/20150603-today_programme.mp3
  17. Nicky Morgan is wrong - the evidence for academies doesn't add up, Henry Stewart, Guardian On-line, 3rd June 2015 -http://www.theguardian.com/commentisfree/2015/jun/03/nicky-morgan-wrong-evidence-academies-bill
  18. Academies and free schools, Fourth Report of Session 2014-15, Commons Education Select Committee, 21st January 2015 -http://www.publications.parliament.uk/pa/cm201415/cmselect/cmeduc/258/258.pdf
  19. Fracking - you are not important, Paul Mobbs, The Ecologist, 24th June 2014 -http://www.theecologist.org/blogs_and_comments/commentators/2450429/fracking_you_are_not_important.html
  20. Prime Minister's Speech to the CBI, Cabinet Office/Prime Minister's Office, 19th November 2012 - https://www.gov.uk/government/speeches/prime-ministers-speech-to-cbi
  21. Open letter condemns legal aid cuts, calls on new government to restore justice, Owen Bowcott, Guardian On-line, 1st May 2015 -http://www.theguardian.com/law/2015/may/01/open-letter-judges-peers-restore-legal-aid-incoming-government-justice
  22. Judicial Review reform: An attack on our legal rights?, Clive Coleman, BBC News, 1st December 2014 - http://www.bbc.co.uk/news/uk-30226781
  23. Wikipedia: 'Criminal Justice and Courts Act 2015' -https://en.wikipedia.org/wiki/Criminal_Justice_and_Courts_Act_2015
  24. Theresa May vows Tory government would introduce 'snooper's charter', Alan Travis, Guardian On-line, 30th September 2014 -http://www.theguardian.com/politics/2014/sep/30/theresa-may-tory-government-snoopers-charter
  25. Snoopers' charter set to return to law as Theresa May suggests Conservative majority could lead to huge increase in surveillance powers, Andrew Griffin, Independent On-line, 8th May 2015 - http://www.independent.co.uk/life-style/gadgets-and-tech/news/snoopers-charter-set-to-return-to-law-as-theresa-may-suggests-conservative-majority-could-lead-to-huge-increase-in-surveillance-powers-10235578.html
  26. NSA reform: Bush-era powers expire as US prepares to roll back surveillance, Dan Roberts, Ben Jacobs and Spencer Ackerman, Guardian On-line, 1st June 2015 -http://www.theguardian.com/us-news/2015/may/31/nsa-reform-senate-deal-as-patriot-act
  27. Surveillance, Snowden, and Big Data: Capacities, consequences, critique, Big Data & Society, July-December 2014 -http://bds.sagepub.com/content/spbds/1/2/2053951714541861.full.pdf
  28. US transparency over state surveillance puts British efforts to shame, Emma Carr, City AM, 2nd June 2015 - http://www.cityam.com/216889/us-transparency-over-state-surveillance-puts-british-efforts-shame
  29. Wikipedia: 'Civil liberties' - https://en.wikipedia.org/wiki/Civil_liberties
  30. How we're fighting back against the UK surveillance state - and winning, Glyn Moody, Ars Technica, 22nd May 2015 - http://arstechnica.co.uk/tech-policy/2015/05/how-were-fighting-back-against-the-uk-surveillance-state-and-winning/
  31. Wikipedia: 'Critique of Technology' - https://en.wikipedia.org/wiki/Critique_of_technology
  32. Britain's real 'terror threat': eco-sceptic politicians, Paul Mobbs, The Ecologist, 3rd September 2014 -http://www.theecologist.org/blogs_and_comments/commentators/2540855/britains_real_terror_threat_ecosceptic_politicians.html
  33. Wikipedia: 'National security' - https://en.wikipedia.org/wiki/National_security
  34. UK Academics pen open letter regarding state surveillance, FIRM Magazine, 25th May 2015 - http://www.firmmagazine.com/uk-academics-pen-open-letter-state-surveillance/
  35. Wikipedia: 'We are the 99%' - https://en.wikipedia.org/wiki/We_are_the_99%25
  36. Wikipedia: 'Transatlantic Trade and Investment Partnership' -https://en.wikipedia.org/wiki/Transatlantic_Trade_and_Investment_Partnership
  37. The obscure legal system that lets corporations sue countries, Claire Provost and Matt Kennard, Guardian On-line, 10th June 2015 -http://www.theguardian.com/business/2015/jun/10/obscure-legal-system-lets-corportations-sue-states-ttip-icsid
  38. The 2015 General Election: A voting system in crisis, Jess Garland And Chris Terry, Electoral Reform Society, June 2015 - http://www.electoral-reform.org.uk/blog/system-crisis
  39. YouTube: 'Aldous Huxley UC Berkeley Speech 1962' - https://www.youtube.com/watch?v=RpwOmwysqJ8
  40. Fracktured Accountability: A study of political decision-making and unconventional fossil fuel interests in the Coalition Government, Paul Mobbs/MEI, March 2015 -http://www.fraw.org.uk/mei/archive/fracktured_accountability/index.shtml
  41. YouTube: 'Arrest the Cabinet', Clear Blue Films/Gathering Place Films, March 2015 -https://www.youtube.com/watch?v=tc1ESFg4fkA



No comments:

Post a Comment

Note: only a member of this blog may post a comment.