Pupil Barrister

Tag: UK (Page 10 of 21)

The New Snooping Bill Needs a Total Rewrite

Yesterday I wrote again in defence of politicians.  Many of the frustrations that give rise to ‘anti-politics’ are borne of people not understanding how politics works: there is a constant need to compromise and any hard choice will end up disappointing people.
Sometimes, however, the anti-political feeling is justified.  I have rarely been as angry with politicians as I was when the coalition government passed the Data Retention and Investigatory Powers Act in just two days in 2014.  This legislation made lawful a number of mass violations of privacy that the security services had been caught doing without public or parliamentary consent.  The politicians from all parties made mendacious arguments in favour of the new law, claiming an ’emergency’ when there was none.
From that low point, my faith in parliament is slowly being restored. Continue reading

Peter Tatchell's Surprising Support for the Homophobic Bakers

Remember the controversy about the ‘gay cake’?  Last year, a bakery in Belfast refused to make a cake with a pro-gay marriage slogan.  A court ruled that the bakers had discriminated against a customer on the basis of his sexual orientation, contrary to equality legislation.  The customer, Gareth Lee, was awared £500 in compensation.
The case will be considered in the Appeal Court this week.  Ahead of the hearing, the veteran gay-rights campaigner Peter Tatchell has published a surprising article defending the bakery.  There’s a version on the Guardian comment pages, and a longer version sent to Peter’s mailing list.
I recommend reading the entire article, but the crux of Tatchell’s argument is this:

It is discrimination against an idea, not against a person.

The bakery refused to support and propagate the idea of same-sex marriage.  Lee was not refused service because he was gay, but because of the message on the cake.
This is a subtle point but also a persuasive one.  The implications loom large.  Tatchell asks:

Should a Muslim printer be obliged to publish cartoons of Mohammed or a Jewish one the words of a Holocaust denier? Will gay bakers have to accept orders for cakes with homophobic slurs? … If the current Ashers verdict stands it could, for example, encourage far right extremists to demand that bakeries and other service providers facilitate the promotion of anti-immigrant and anti-Muslim opinions. It would leave businesses unable to refuse to decorate cakes, print posters and emblazon mugs with bigoted messages.

Freedom of expression and freedom of conscience surely means the freedom not to engage in the commerce of distributing ideas that you oppose.
I’d previously written off the Asher’s case as exactly analagous to the case of the Bed & Breakfast owners who refused service to a gay couple—This blog has previously discussed the issues raised by such cases. However, Peter Tatchell’s article has persuaded me otherwise.

The Medium of Icing

Who would have thought that patrsies are political! Almost 10 years ago, this blog also discussed the Medium of Icing.

Rhodes, Political Correctness and the Censorship of History

You’re all aware of the controversy surrounding the Cecil Rhodes statue at Oxford University, right?
To recap: Cecil Rhodes (1853-1902) was the colonialist, businessman and white supremacist whose career in Southern Africa had huge impact on the continent.  The celebrated Rhodes Scholarship programme at Oxford University was established by his estate. As such, there is a statue of him at Oriel College at Oxford.  Some current students are campaigning to have the statue removed on the grounds that Rhodes was a racist and not someone who should be glorified in stone.
This campaign is happening in a milieu of renewed debates about freedom of expression and decency at universities.  I am against ‘no platform’ policies,  and against the abuse of useful innovations such as Safe Spaces and Trigger Warnings as a way to shut down offensive speech. Continue reading

Bloggers Plug the Democratic Deficit

I’m quoted in this Herald article about bloggers in Scotland.

Robert Sharp of English Pen, however, stressed that online sources and bloggers were now replacing newspapers in much of rural Scotland – putting themselves at risk.

He said: “The Highlands and Islands cannot depend on the established media to hold decision-makers to account.

“It is bloggers who plug the democratic gap, and they need a simple, clear law.

“If our rights are written in statute and not confusing case law, they would know where they stand and will be better equipped to scrutinise the people with money and power.”

Continue reading

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