Pupil Barrister

Tag: UK (Page 13 of 21)

How British politicians might chill the press

I promised a comment on what form political intimidation of the press might take, under the new system of regulation.
The provisions in the Royal Charter for press regulation, and the associated sections of the Crime & Courts Act 2013, are complex and layered. There are buffers between the politicians (and the wider ‘establishment’) and the press. There are plans for an arbitration service and a body that oversees the regulator, which in turn will try to keep the press both strong and honest.
Supporters of these provisions have emphasised that the politicians will not be able to censor the newspapers or stop stories from being published.
But free expression issues do not begin and end with formal state censorship that we see in hideous regimes like China, Iran or Zimbabwe. There are much subtler ways of exerting pressure on publishers, that nevertheless ‘chill’ (i.e. discourage) the exercise of free speech. Continue reading

Are Human Rights a vote winner?

Writing in the New Statesman, Labour Shadow Justice Secretary Sadiq Khan brazenly declares that the Liberal Democrat’s record in Government has left Labour as the party of civil liberties. This has kicked off predictable outrage from Lib Dem activists and in the comments, with most people citing the poor record of the last Labour government.
Despite the Blair Government’s terrible approach to civil liberties and counter-terrorism, its wrong to call Khan a hypocrite. For starters, he was one of the Labour rebels who voted against Tony Blair’s 90-day detention policy, back in 2005. More recently, he has admitted the party’s mistakes on human rights and civil liberties. Part of his Charter 88 anniversary lecture was a scathing critique of the last Labour Government’s approach:

And I hold up my hands and admit that we did, on occasions, get the balance wrong. On 42 and 90 days, and on ID cards, where the balance was too far away from the rights of citizens… On top of this, we grew less and less comfortable with the constitutional reforms we ourselves had legislated for. On occasions checked by the very constitutional reforms we had brought in to protect people’s rights from being trampled on. But we saw the reforms as an inconvenience, forgetting that their very awkwardness is by design. A check and balance when our policies were deemed to infringe on citizens’ rights.

If an opposition spokesperson says this, I think they ward off the charge of hypocrisy when they subsequently criticise the civil liberties failings of the Governing coalition. We want political parties to admit their mistakes and reverse their policies, don’t we? Whether the voters believe Labour or not is another matter, but I think the fact that the spokesman is someone who was a Government rebel on 90 days, and who has been a target of surveillance himself, make Labour’s position that little bit more credible. Yvette Cooper, the Shadow Home Secretary, included similar nostra culpas in her Demos speech on security and surveillance.
Continue reading

By the way, the Monarchy is still sexist

First things first: The idea of a monarchy is inherently inequitable. It institutionalises privilege and injects unelected, inherited power into the heart of our political system.
But at least its not sexist, right?!  Section 1 of the Succession to the Crown Act 2013 finally eriadicated the preposterous rule that gave male children of the monarch priority over the female children (this blog demanded cognatic (equal) primogeniture back in 2006).  So we should be fit for purpose, yeah?
Wrong.  A crucial bit of sexism remains, and it is this:

  • When the reigning monarch is male, he is called ‘King’ and his consort is called ‘Queen’.
  • When the reigning monarch is female, she is called ‘Queen’ and her consort is called Prince.1

Why the discrepancy?  Well, because a ‘King’ is greater than a ‘Queen’!  There is obviously no practical reason for this inequality.  It is just that our culture is sexist.  The problem runs deep: Think of how a King is worth more than a Queen in card games.
My prescriptions:

  1. If we’re going to stick with a hereditary monarchy, then future male consorts of reigning Queens should be called ‘King consort’.
  2. You know how we change the official wording of things when its a Queen and not a King (for e.g. Queen’s Counsel; God Save the Queen)?  British people should make the same changes when it comes to card games.  ‘British Rules’ poker and bridge should see the four Queen cards trump the four King cards, when the monarch happens to be a woman.

1. In reverse chronological order:  Prince Philip is married to Queen Elizabeth II Prince Albert was married to Queen Victoria, and Prince George was married to Queen Anne.  Both Queen Marys were married to people who were reigning Kings, and Queen Elizabeth I never married.  Empress Matilda was never called Queen herself.

"A looming democratic deficit"?

The folk at the brilliant OurKingdom blog commissioned a piece from me on the next steps for Libel Reform.  The crucial issue:

During the Parliamentary debates, the Government flatly rejected proposals to extend the Derbyshire principle to private companies spending taxpayers money. British citizens are therefore confronted with a looming democratic deficit. As private companies take over the running of prisons, waste collection, school dinners, care homes, and large swathes of the NHS, the space to criticise them is squeezed. By leaving the Derbyshire principle to the courts to develop further, the Government have introduced an unwelcome ambiguity into our public discourse, especially at the local level. It will be left to citizens to closely monitor how the big subcontractors behave in this area. Any hint that these corporations are stifling public criticism through use of the libel law must be met with a public outcry.

Read the whole article, What next for libel reform?, on the OurKingdom blog.

Please stop calling George Osborne 'Gideon'

The Chancellor’s terrible parking gives me a chance to say something I’ve been meaning to get off my chest for a while.
I get so irritated with those on the Left who insist on calling George Osborne by his middle name, ‘Gideon’. 
In doing so, they seek to emphasise his upper-class background, which they believe will discredit him.
This is both a dog-whistle and an ad hominem and a piss-poor political tactic.
In the USA, Barack Obama is regularly called ‘Hussein’ (his middle-name) by his opponents.  This is a similarly immature attempt to discredit him.  The Left condemns that practice… and I don’t see how deploying the ‘Gideon’ moniker is any different.
Worse: the class card can be used in reverse. If the Left legitimises ad hominem attacks on the upper-class, it gives people like down-to-earth, working class Eric Pickles a sheen of credibility as they propose awful policies that hurt the poor.
Margaret “Grocer’s Daughter” Thatcher, and John “Son of a Music Hall performer” Major derived similar political cover from their backgrounds – a piece of political armour gifted to them by the class warriors of the left.
George Osborne’s callous and growth throttling policies would be no more or less harmful if his middle name was Robert, not Gideon. A moratorium on this pettiness, please.

Gideon

Gideon, Class Warrior

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