Saturday, May 13, 2006

WE'VE BEEN WAITING DAVID

It was interesting to hear David Cameron advocate the repeal of the Human Rights Act yesterday, very well done. In what was obviously a very well thought out, carefully considered and planned knee-jerk reaction to the story of the Convicted/Re-offended Asylum seekers as well as the other story of the 9 Afghan Hi-jackers he - I repeat called for the scrapping of the Human Rights Act 1998 as being out of tune with the Interest of the Country.

The Human Rights Act, for those who may not be aware is not simply a Law enacted for the sole protection of Asylum Seekers and Immigrants wanting to come in and feed on the benefits system, but a UK enactment of the tenets of the European Convention on Human Rights (ECHR) which simply provides the framework for guaranteeing certain basic rights which are in any event taken for granted, i.e the Right to protection from Inhuman and Degrading Treatment, The Right to property, to Fair Hearing and a Private and Family Life. The Human Rights Act provides a Legal framework for the active protection of these rights.

David may have overlooked the fact that the Act may be used by the following, the list is by no means exhaustive:

1. An Old-aged Pensioner who has been deprived of her right to her entitlement by a shiftless, constipated Public Officer, acting unreasonably, by way of an Application for Judicial Review.

2. The Parents of a Mentally Disabled Child who seek to obtain an Order challenging the Local Council for an Unfair piece of Local Legislation which prejudices their child and others in his/her position.

3. To challenge an Unfair (or potentially unfair) decision by a Professional body sitting as a Tribunal in relation to a member of that body.

4.To challenge a decision by a Public authority to build a Nuclear Waste disposal plant next to your Kids school or to challenge any acts causing severe Environmental pollution emanating from the acts of a relevant body.

5. In general any Unfair or Unlawful decisions by a Public body affecting your personal rights as a Citizen (be it rights to personal possessions, Fair hearing, Private and Family rights etc).

This bizarre case of verbal defaecation by David, however does not surprise me, for indeed he is a politician and by their trade, they pander to public opinion whether reasonable or otherwise and to make it worse he's by training a PR-Man, which makes his pre-disposition to so pander even more palpable.

There is no doubt that the Human Rights Act needs modification or indeed re-Interpretation, however that has been done extensively by the Courts (it is their job by the way) who have narrowed down severely the avenues for abuse by the unscrupulous. For instance, it is extremely difficult to simply seek leave to remain in the United Kingdom as a foreign national on the basis of your marriage or family relationship to a UK citizen or resident (without returning to your Home Country to make the relevant application and according to the applicable UK LAWS) the threshold has been raised so high by the Courts (The recent cases of Mahmood, Huang and Kashmiri come to mind) that you would have to have an extremely compelling reason to succeed with such an application. In any event it is not to be assumed that every application along these terms is a dodgy application, there are a lot of meritorious and heart-rending instances, however that is another matter.

In short, it is possible to modify the Human Rights Act to bring it in line with the legitimate National Interest as far as is possible without threatening to scrap it and to have made such a comment, I personally would consider Irresponsible coming from a man who seeks to lead and has sought to present a new pragmatic face for his party. I repeat, Im not surprised, you can't be a member of a Gentleman's Club called (wait for it)... "Whites" without having certain viewpoints. I'm sure his comment shall find currency with certain cadre (In Bermondsey, Barking and Dagenham to name but two) but the last time I checked, he proposes to be Prime Minister not a Local Councillor. Please David, your country needs viable opposition to Labour, but not this way mate. This was cynical, disingenuous, opportunistic and ill-judged...... Goodness me! Having said that I sincerely apologise, I forgot these are the Classic traits of a First rate Politician of which you are one- In fact I should actually congratulate you- well done old chap!


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