mcgillianaire: (Scale of Justice)
The British government has (grudgingly) decided/been forced to end a 140 year-old ban on voting rights for prisoners, following a 2004 decision by the European Court of Human Rights which ruled that the blanket ban was discriminatory and breached the European Convention on Human Rights. Under the Forfeiture Act 1870, prisoners sentenced for felonies were denied the right to vote and this ban was retained in the Representation of the People Act 1983. Prisoners on remand, fine defaulters and those imprisoned for contempt of court can still vote. In addition, the Court allowed individual governments to decide which offences should carry restrictions on voting rights.

For several months, the government's lawyers tried to find a way to avoid enfranchising a potential 70,000 British inmates. But after exhausting every potential avenue the government realised lifting the ban was the only viable option, else taxpayers faced paying huge sums (upto £50 million possibly) in compensation from prisoner claims, and potential legal action from the EU. Most other European nations allow some prisoners voting rights. And despite two separate public consultations, the previous Labour government failed to implement any changes. The news has polarised the country with Tory and Labour supporters upset, though many acknowledge the government had no choice, while many Lib Dems are happy because they campaigned for the law to change. I too wanted the change. But what do you think?

[Poll #1639898]
mcgillianaire: (Portcullis Logo)
Uninspiring. Let me stick my neck out on the line. Labour (cough: the unions) have made a mistake in electing the wrong Miliband brother as their leader. Worse still, it seems more likely than not that David will officially end his mainstream political career tomorrow. He has yet to fill in his nomination papers for the shadow cabinet and has already come down to London from Manchester. The Labour frontbench will suffer from his loss greatly. But today was about Ed. He praised the positive achievements of New Labour, Blair and Brown for challenging conventional wisdoms and his brother's graciousness in defeat. But he also tore into New Labour's attack on civil liberties, said the Iraq War was wrong and admitted a Labour government would also have imposed tough public sector cuts halving the deficit within four years. And in a bid to distance himself from the right-wing media imposed "Red Ed" tag, he took a swipe at irresponsible strike action. But he also played to the gallery by promising a bigger levy on bankers' bonuses and denouncing a system in which a banker earns more in a day than a caretaker does in a year. He called Cameron a pessimist while cleverly reworking the Tory's own description of Blair by calling him an optimist once.

It was not the greatest of speeches but there is scope for improvement. He is somewhat between Gordon Brown and Tony Blair in front of the camera; not wholly uncomfortable nor quite yet a natural. As one commentator put it, his speech seemed choppy and felt like it had been put together with a cut-and-paste method. It also seemed like he added words at the end of sentences to grab applause. An orator he is not but at least in comparison with his brother he comes in with a clean slate. Or does he? He talked about Labour grabbing back the mantle of leading on civil liberties. In particular he referred to Labour's disastrous attempt to extend the detention of terrorist suspects without charge from 28 days to 90 days in the wake of 7/7. But guess what? He voted in favour of it. He also decided to come off the fence by describing the Iraq War as wrong. Fair enough you might think. Finally a senior Labour politician admitting fault. But hang on a second. Just a few months ago (in May) he made it clear in an interview with the Guardian that while the weapons inspectors should've been given more time, "what I am not saying is that the war was undertaken for the wrong motives". Well, which is it? You can't have it both ways!

So he might not be Red Ed but perhaps Flip-Flopper Ed? Almost everybody in the Party seems to be in agreement with his speech. The only prominent voice of discontent was that of every Londoner's favourite Bob Crow, the head of the Railway and Maritime Transport Union:
    "Ed Miliband has to decide whose side he is on – the working class on the streets and on the picket lines or the Condems and their corporate supporters. All the signs are that he is already caving in to pressure from the rightwing press and as a consequence he will alienate millions of voters who are right at the sharp end of the cuts programme."
The trade union bosses didn't clap when Ed said nobody should have any truck with "overblown rhetoric about waves of irresponsible strikes", while his brother and other New Labour cabinet ministers remained stony faced and didn't clap when he spoke about the Iraq War. However the media went overboard in discovering that his brother asked Harriet Harman (the deputy Labour leader) why she was clapping when she voted for the War. It was odd that she clapped but the media have to take their share of the blame for playing up the psychodrama between the two brothers. I feel sorry for David. What a torrid week it's been for him. I don't blame him if he leaves politics.
mcgillianaire: (India Flag)
This article by Soumitro Das (a Kolkata-based writer) is taken from the Hindustan Times, an Indian English-language daily newspaper:

Exactly 21 years ago today, on February 19, 1989, Iran’s Supreme Leader Ayatollah Khomeini issued a fatwa ordering Muslims to kill Salman Rushdie, the author of what he proclaimed to be a blasphemous novel, The Satanic Verses. While this act instantly galvanised — and radicalised — the protests from Muslim communities in various quarters against Rushdie, it was in India that The Satanic Verses was first banned in end-October 1988 by the Rajiv Gandhi-led Congress government, months after the novel was first published. For all purposes, the ban on Rushdie’s novel marked the beginning of the State gagging artistic freedom in India under the guise of ‘protecting the sentiments’ of various groups.

We are a very sentimental people. The abolition of sati in the 19th century, for instance, hurt Hindu sentiments. But that did not make the abolition less necessary. It was down to Hindu reformers supported by the British administration who finally overturned the tyranny of tradition.

Offensiveness comes in two categories: involuntary and voluntary. M.F. Husain’s depiction of Hindu deities in the nude is an example of offence given involuntarily. Husain’s nudes are not pornographic. The Nude is a particular genre of painting that has been rendered famous in art. The aim is to celebrate the human form and not to titillate. The intention is not erotic and Husain is not undressing women. Besides, in painting goddesses in the nude, Husain is divesting them of human accoutrements and enhancing their divine quality. (Why on earth should goddesses dress in saris anyway?)

But what about voluntary offensiveness, where the artist goes out of his way to provoke if not cause offence? Rushdie’s The Satanic Verses falls into this category.

The modern novel has arrogated to itself the right to offend. Its source lies in the literary revolution that swept through France in the late 19th and early 20th centuries. People like Baudelaire, Rimbaud, Lautreamont, Mallarme and Apollinaire took literature out of the salons and into the streets and the bordellos of Paris. They attacked bourgeois culture and repudiated all bourgeois forms of success: fame, wealth, power, etc.

Every individual surrenders a part of his freedom and his self when he acknowledges any form of social or political authority in order to enjoy the security and the other benefits that society bestows upon him. The literary revolutionaries mentioned above reneged on this social contract and reclaimed for themselves the freedom and the selfhood that had been sacrificed on their behalf by their mentors.

They all suffered from a condition that, after Nietzsche and Freud, could be called 'unheimlichkeit', or homelessness. Homelessness was the price they had to pay for attacking family, country and religion. This is borne out literally in the case of Rushdie and also Bangladeshi writer Taslima Nasreen. Rushdie, after the fatwa, had to literally hop from safe house to safe house for 10 years, without being able to call any place his home. Nasreen, on her part, was hounded out of 'India’s cultural capital' (sic) Calcutta by Muslim hoodlums and is now flitting from country to country, returning occasionally to India to renew her visa, but without being able to return to her 'home'.

More than a political condition, 'unheimlichkeit' refers to a psychological state where it is not possible to obey any authority but that of one’s own self. Art, revolutionary art, is the highest value, the highest expression of what Nietzsche calls "the will to power". The worship of beauty for its own sake is much more demanding than the worship of God. It is from this point of superiority that Art is able to mock at, insult or humiliate religious faith.

India is, of course, a poor country and all such things are incomprehensible here, where politics is the highest expression of 'the will to power'. The poor look towards the State for succour and the State does or does not do them justice. This is a black and white world, a world of Manichaean extremes. While Truth, to which Art is intimately linked, is full of ambiguity and ambivalence, and is, as Nietzsche puts it so finely, "beyond good and evil".
mcgillianaire: (Scale of Justice)
It's a victory for civil liberties but it's a sad indictment of the state of affairs in this country, that but-for the intervention of the Strasbourg court, we would certainly be living in an elected dictatorship. Stop-and-search powers, enacted under Section 44 of the Terrorism Act 2000, have been abused by British police, particularly in London. This case involved two people who were detained by police outside the Defence Systems and Equipment International exhibition in London Docklands in 2003. One of the claimants was detained for about twenty minutes as he was cycling to join a protest outside the arms fair. The other claimant, a journalist from London, had come to film the protests and was detained for what she felt was about thirty minutes, though police records claimed it was just five minutes. The Strasbourg court were not impressed and said the pair's rights under Article 8 of the European Convention on Human Rights (the right to respect for a private and family's life) had been violated. This was because stop-and-search powers were "not sufficiently circumscribed" and there were not "adequate legal safeguards against abuse". It also concluded that "the risks of the discriminatory use of the powers" were "a very real consideration". The pair were awarded £30,400 ($49,400) to cover legal costs.

Naturally the British government are disappointed with the result and the Home Secretary, Alan Johnson, has said the government will appeal against the decision. The police are also disappointed and according to Chief Constable Craig Mackay of the Associaion of Chief Police Officers, officers will continue using the powers while the appeal was pending. Though perhaps most disappointingly of all is the fact, as pointed out by Policing and Security Minister David Hanson, that the government had won all previous challenges in the UK courts. This included a High Court ruling in 2003, subsequently upheld by the Court of Appeal and the House of Lords, that the powers, and any consequent violation of human rights, was proportionate under the European Convention on Human Rights and justified in the light of the threat of terrorism. For the sake of the future of civil liberties in this country and a potential ejection out of the EU* (if the Eurosceptics had their way!), let's hope this was just a minor blip on the part of our highly esteemed and liberty-friendly judiciary.

* IMPORTANT NOTE: Many Brits often complain that decisions like these illustrate the deplorable extent to which the UK has had its powers usurped by the EU. But it is worth remembering that the European Court of Human Rights (ECtHR) in Strasbourg that decided the above case, has absolutely no connection with the European Union. It is in fact an institution belonging to the Council of Europe, of which the UK is a member along with forty-six other countries, including Russia, Armenia and Norway who are not members of the EU. The main court of the EU is the European Court of Justice (ECJ) located in Luxembourg. Its role is to decide on matters affecting EU Law, (ie: disputes between Member States or involving other legal entities only within Member States). The ECJ does not concern itself with human rights issues, which is the sole purview of the ECtHR. I wonder how many people are actually aware of this.
mcgillianaire: (Default)
Since August last year I have made three trips to India (via Bahrain, Dubai and Mumbai) and two trips to Oman (via Bahrain and Doha). I started each journey from four different airports (Heathrow Terminal's 3 & 4, Gatwick, Muscat and Chennai). In all those journeys the thing that stood out the most was the sharp contrast in security checks in each airport. It stood out for three main reasons.

Firstly, London's two biggest airports had been in a heightened state of alert since 9/11, 7/7 and particularly 10/8 (The August 2006 Transatlantic Aircraft Plot). Secondly, India had been victim to several terrorist attacks in recent years and were in the midst of an intelligence crisis involving a potential conspirator in the Mumbai Attacks of November 2008, who had allegedly made several trips to India, including one to Mumbai days before the attack. And thirdly, that the so-called police-state dictatorships of the Middle East had a more than passing interest in the current climate of the global terrorist threat and significantly, its implications on their security.

You'd think that most, if not all the airports I flew through would have had a fairly standardised (ie, stringent and thorough) system of security checks. Wrong. The gulf in security particularly that for hand-luggage, between the London airports and their Middle Eastern and Indian counterparts struck me as ironic. Here was a liberal democracy inconveniencing and invading the privacy of every passenger in the name of security, while in the authoritarian East there was a comparatively negligent and indifferent attitude to security.

In London, pat downs were performed on every single passenger, regardless of whether the metal checker detected anything or not. Rarely was one allowed to walk through the detector with their shoes and belt on. All liquids/sprays had to be in 100ml (or less) containers and scanned separately by the X-ray machine. Laptops and jacket-like clothings also had to be taken off/out and scanned separately by the X-ray machine. And following the alleged incident on Christmas Day, the authorities now want to rush in the body scanners. Civil liberty campaigners have challenged the government on whether the scans will contravene our child pornography laws.

In comparison, the security in the Middle East and India was almost non-existent. Few pat downs, hardly any of them as thorough as the ones in London. If the metal detector beeped and the security area was not teeming with passengers, the security guy would perform a token check with a handheld detector, but most of the time they seemed uninterested. None of the airports necessitated liquids/sprays to be held in transparent ziploc bags and not once did I see any container above 100ml disposed of. On every transit journey via Bahrain, Doha and Dubai, I was able to keep the 500ml+ bottle of water with me that I had picked up in either Mucat, Chennai or London Duty Free. And until Heathrow nabbed my 150ml deodorant on my latest trip last month, not even London's airports detected its illegitimate passage across the world and back in twelve separate journeys between August and November.

Unfortunately, I'm still not sure how strongly I feel about airport security. On the one hand I want air travel to be safe, especially as my family, friends and I frequently use it. On the other hand, I don't feel true to my liberal ideals by accepting these erosions into our personal spaces and civil liberties for the sake of protecting air travel. I'm not even sure the security in London's airports are as effective as they are made out to be necessary, especially when one considers that the more relaxed security regime in the Middle East and India has not resulted in any incident till date. Yet I get the distinct impression that the halcyon era of stress-free air travel has disappeared forever. Each new attack will erode the few existing liberties that remain and it could have a huge impact on global travel.
mcgillianaire: (Football player)
Last November, 80 Stoke City football fans were rounded up by Greater Manchester Police under Section 27 of the Violent Crime Reduction Act 2006. Their crime? A belief that they may cause trouble later. The fans were on their way to watch their team play Manchester United when they stopped at the Railway Inn in Irlam. Although there was no complaint from the landlord of the pub, the officers surrounded the fans and aggressively ordered them onto police buses and drove them back to Stoke. Some fans had not even traveled from Stoke. The fans were falsely imprisoned for four hours during which they were not allowed to take lavatory breaks.
    "Deprived of toilet facilities on the coach, the supporters were instructed to urinate into cups, which spilled over the floor of the bus so that they had to sit with urine sloshing around their feet for the 40-mile journey back."
They also missed their football match. One of the fans made a complaint and his case was taken up by the Football Supporters' Federation and Liberty for judicial review. The courts held the police had acted unlawfully and awarded damages of £2,750 to the claimant. About twenty further complaints are outstanding and are expected to result in similar payments. It has also emerged that a similar operation carried out by South Yorkshire Police in early December also resulted in Plymouth Argyle football fans being prevented from legitimately attending a match at Doncaster. The fans were escorted halfway across the country to Plymouth, at great expense, using police cars and helicopters from several different forces. The fans are still negotiating compensation with the police.

These incidents highlight the abuse of the new Section 27 powers which allow police to:
    "Direct individuals to leave a locality. This is where an individual's presence is likely to cause or contribute to the occurrence, repetition or continuance of alcohol-related crime or disorder in a locality and it is necessary to remove the individual from the locality for the purpose of removing or reducing the likelihood of there being such crime or disorder in the locality."
However to invoke Section 27 the officers must have a good reason (ie a complaint from the landlord or evidence of drunken behaviour). Moreover there is no requirement to sign Section 27 forms which the Stoke City fans were forced to do under threat of arrest and the powers only apply to individuals, not large groups. The court's decision is a positive outcome for all football fans.
mcgillianaire: (Union Jack)
"Your Lordships have had your attention called to the evils of the exercise of arbitrary powers of arrest by the executive, and the necessity of subjecting all such powers to judicial control. Your Lordships have been reminded of the great constitutional conflicts in the seventeenth century, which culminated in the famous constitutional charters, the Petition of Right, the Bill of Rights, and the Act of Settlement. These struggles did indeed involve the liberty of the subject and its vindication against arbitrary and unlawful power. They sprang from the Stuart theory that the King was King by Divine Right and that his powers were above the law. Thus a warrant of arrest per speciale mandatum Domini Regis was claimed to be a sufficient justification for detention without trial. By the end of the 17th century, however, the old common law rule of the supremacy of law was restored and substituted for any theory of royal supremacy. All the courts today, and not least this House, are as jealous as they have ever been in upholding the liberty of the subject. That liberty, however, is a liberty confined and controlled by law, whether common law or statute. It is, in Burke's words, a regulated freedom. It is not an abstract or absolute freedom. Parliament is supreme. It can enact extraordinary powers of interfering with personal liberty. If an Act of Parliament or a statutory regulation, like reg 18B, which has admittedly the force of a statute, because there is no suggestion that it is outside the Emergency Powers (Defence) Act 1939 under which it was made, is alleged to limit or curtail the liberty of the subject or vest in the executive extraordinary powers of detaining a subject, the only question is as to the precise extent of the powers given. The answer to that question is only to be found by scrutinising the language of the enactment in the light of the surrounding circumstances and the general policy and object of the measure. I have ventured on these elementary and obvious observations because it seems to have been suggested on behalf of the appellant that this House was being asked to countenance arbitrary, despotic or tyrannous conduct. In the constitution of England, however, there are no guaranteed or absolute rights. The safeguard of British liberty is in the good sense of the people and in the system of representative and responsible government which has been evolved. If extraordinary powers are here given, they are given because the emergency is extraordinary, and they are limited to the period of the emergency."
~ Lord Wright in Liversidge v Anderson (1941) ~

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