Showing posts with label Macaskill. Show all posts
Showing posts with label Macaskill. Show all posts

Tuesday, 9 April 2013

What to party for?

The partiers in Glasgow are right emotionally but they miss the point. We all pop our clogs, and unlike many folks, including for reasons of avoidable economic hardship under all governments in the neocon era she started, Thatcher lived to a full age anyone would be well satisfied with. That was a win for her. It is hardly a circumstance of death that there is anything in to celebrate. What's more, she took her leave of us with the huge satisfaction of being surrounded by disability welfare cuts and the media tough-talking us through a major depression, pushing the line that austerity is necessary and still on her side over economics even after the crash of 2008.

They are not pushing the voices who remind us that this is contrary to history and has a history of not working, which we are repeating. They only occasionally get heard buried long into the most serious radio current affairs slots when only the most intelligent and politically caring listeners are still istening, when the audience is lowest. Her death with neocon ideas still ruling and still pushed with a heavy hand by the tabloids, takes away the possibility that she would ever have to answer to the neocon system's end and a full properly complete exposing of all its human costs. That is a loss, not a gain. There would have been value against her ideas in her continued life until the neocon consensus ever ends.

The clear rebuttal to all the hard left voices whose regrets for her survival have gone as far as to sound sympathetic to terrorism, is that if she had been assassinated her ghost and supporters could always claim she would have gone on successfully for as long as she wished and never have fallen. Far better was scored against her ideas by her living to fall as she did at her own party's hands in 1990. Further to which, we all have our safety very ill served by those morally unscrupulous leading media voices who wrongly give the murder of Ian Gow any credit towards Thatcher's fall because they don't want ordinary people in the form of the anti-poll tax campaign to be seen to have achieved anything. Those media voices should be pursued criminally by the powers against encouraging terrorism.

We must not be conned by Salmond to read voting Yes as a vote against the neocon path originating from Thatcher. Without anywhere near enough public attention on it, he is sneaking in a measure against civil liberties that she never did, a charge for criminal defence even when you come out innocent. From his side too comes the tragedy of Thatcher's send off being the whole political class hammering us with money injustices. This measure of justice regression by Macaskill totally takes away the prospect that independence would end that.

At a time of austerity and with new measures against disability benefit starting from the same day as Thatcher died, there will be a public spending of £5 million on her funeral. Some very sensible folks have already pointed out that her biggest fans could afford to pay for this privately and her funeral should be privatised. If it angers you, contrast it not only with the British economic policy but with Macaskill undermining your democratic liberties and securities in pursuit of saving less than the political class routinely accept should be spent on Thatcher's funeral.

Tuesday, 26 February 2013

Due protection of the law under neither choice

Today's Daily Express front page, with its usual racist glee, delights in having Cameron float to them a policy to cut availability of legal aid to immigrants. Perfectly legal immigrants including EU citizens who are entitled to be here as citizens. Indeed testing the water of explicitly going against that principle, through an anti-EU paper. It is obviously a beginning of campaigning for the EU referendum on a basis of competing racism.

Thanks to the fight for semi-federalism in Britain being already won in 1997, Cameron's threatened measure would only apply to England. Salmond But in Scotland we already have in parallel with this Macaskill's flagrantly sinister cutback to free criminal defence, for all of us, and putting that under legal aid limits. Which no media are running with as an issue against the Yes campaign here.

Instead of voting for hope or positive new futures, we face voting between 2 options of statehood both offering breach of the human rights standard of access to law, and to put a money power in the way of all justice for society's victims. Both our Yes and No options are offered through, both sides come from, a political class making these core undemocratic moves, that endanger us all, syncrhonised at at the same time.

Now who are the tartan Tories Alex?

Wednesday, 30 January 2013

Chaos in a snapshot

Today's Scotsman is a complete snapshot of all the contradictory issues in collision, the whole smorgasbord of messing with we are getting from both sides.

"Salmond seizes high ground on welfare reform" its editorial says. Going for a campaign issue complete with mailshots to households, out of the welfare cuts process at British level. Going for the progressive consensus he keeps claiming exists in Scotland since the Tories ruined themselves here on constituional rather than welfare issues, and on the day when said fair minds will be alarmed by a result has been announced from the purge of Incapacity Benefit, when a third of its claimants have been pushed out of the benefits system into visibly much more precariously uncertain lives in the middle of a depression.

Intended message being - vote Yes if you have a conscience about benefits or a fear of being affected personally by their deconstruction. Yet news on the same day - the same day!! who managed that?!! - is that Salmond's government has passed the first stage of its undemocratic morally sinister Criminal Legal Assistance Bill, abolishing such a human rights basic as free legal defence against criminal charges, making criminal defence paid for. Even a proposal to refund the charge if you are found innocent got thrown out. Macaskill said it would make folks doubt the innocence of folks for whom the court decided not to refund it. But why would the court be given any power to decide that at all? That was not explained in the story.

Why was the story on this located under ordinary home news and away from the pages of referendum coverage? Do we have an elite wanting it not to become a referendum issue? After all, many lawyers and even the Edinburgh Bar Association were outside parliament demonstrating against the measure. As Salmond says vote Yes to protect the benefits system from getting destroyed, had he even noticed that the news on the same day said vote No to avoid living in a state to be founded with no tradition of a benefit of legal defence, where to suffer undeserved accusation of crime shall actually cost you money?

Who trusts a government capable of passing such a basic attack on human rights, with the human rights standards of a newly founded separate state?

This follows after Salmond's other recent show of ever so healthy ethics towards a question of law, his booboo on EU membership. This has affected the campaign oppositely than he wished. On the same day, in the same paper, a Labour No columnist, Brian Wilson, tells us that 60% of voters now appreciate that new state EU membership is not a bagged certainty, not "automatic" at all.

But what is the point of telling us that with the British EU referendum of 2017 hanging over us? Unless you can find a way to bring down the coalition and regain British government before the 2014 referendum and cancel the 2017 one, and be willing to cancel it despite its popularity with the racist vote? Assuming that hopeful scenario ain't in the offing and we are still stuck with these 2 votes in the wrong order, how you do even make a start on decide your vote by how to keep us in the EU when your vote is already being chaotically pulled opposite ways by the questions of how to protect our civil liberties and our benefits system?

How does a country with a progressive consensus end up with such an agonising and mucked up historic vote where there is no obvious progressive way to vote and either way will do nasty things to us? The civil liberty message to vote No has become, for safety in ordinary life, a pressingly urgent rival to the welfare message to vote Yes. While the EU membership message is no longer to vote Yes but may not yet be to vote No either. Who ever foresaw this scale of mess up?

Wednesday, 1 June 2011

leave to appeal

Yesterday's Herald headline on raising the age of buying alcohol, is all I need to feel the most immense moral relief that I did not vote SNP. How many youth votes did its emotional landslide sweep up?

Older voters too already have grave cause for uneasiness, from the present row about the Supreme Court. The SNP blatantly does not want folks to have access to a means some have already used, to establish breaches of human rights. It wants to suppress access to something that even covers the safety of convictions. This is supposed to whip up national pride and a feeling of insult at British interference in us. This exactly parallels how many dictatorships in Asia and Africa used to call the outside world's human rights concerns interference and associate it with colonialism. Robert Mugabe and Lee Kwan Yew still do that.

They want you to have to go to the European Court of Human Rights instead, knowing that will take longer, so if your case is about being in jail it will mean you stay in jail for longer, and if it is civil law and you need a lawyer to do it there will be more chance that you can't afford it. On Radio Scotland last night the SNP speaker could not answer these objections from Labour and kept changing the subject when asked about them.

Noticeably exactly since the SNP has been in government it has grown a monstrous morally authoritarian streak. It does not bode well for handing them increases of power. This is quite as big a letdown for folks who used to support the SNP as a banner for democratic reform, in its underdog days, as Clegg tying the Lib Dems to stick for another 4 years to a deal to attack vulnerable groups and their safety nets. These are not happy days at all for the reformist parties as were.

On this court issue too, the SNP is ignoring the "court change", the abolition of final decisions, which the whole political elite have kept hushed up ever since 1999 and which I described in my feeback on the referendum bill, last year, which they refused to issue publicly. The cause of this blog's existence.

A massive benefit done by the court change, is that it abolishes the horrible concept of "leave to appeal." That blatantly absurd corrupt mediaeval device, where the same court as makes a wilfully dodgy or corrupt decision also chooses whether to allow you to pursue any objection to it. The court change establishes a perpetual right of faulty finding, by any party, against every legal decision ever. That is what democracy needs. It extinguishes the nonsense of anyone ever needing leave to appeal. In the Supreme Court row, The SNP's minister of justice, Kenny Macaskill, is focussing his argument on leave to appeal. He wants folks to be required to get it before they can bring cases. Openly publicly he wants he wants a device applied at the discretion of the same courts as would be challenged, which is blatantly an unjust corrupt trick, to serve as a barrier to doing anything about safety of convictions.

The court change would protect your liberties from that trick and from an agenda as sinister towards your safety as Macaskill's. The SNP kept the court change out of the public record.

Tuesday, 26 October 2010

police station lawyer access

The SNP government has gone out of its way never to sound liberal or enlightened on any issue. To project a severe image of society appealing to the authoritarian vote, which is hardly a vote for healthy accountability of the state in a new independent state, is it? (Yes2AV)

For the folks of their country to feel safe, today's must be the worst item on this list. It has taken a human rights court case at British level to enforce access to a lawyer for everyone being held and questioned by the police. The SNP have never campaigned about this, and on the day it happens, do they come on TV beaming with pleasure for human rights here? Not zilch. Macaskill, and remember he is a lawyer, sounded totally displeased and bothered. His first reaction? To increase the hours the police can bang you up for without charge. To make it the same as England, 24 hours, so that we lose the good side of only being lockable up for less time in Scotland, 6 hours.

There are other times, outside formal questioning, when the police in an English police station can intimidate you without a lawyer seeing, and yes we have custody visitors in Scotland so whatever way the police tried to frighten you, if they held you for long enough for the custody visitor to see you then you could tell them about it. So it is not the case that before today the Scottish position was disastrously worse in human rights terms than the English. It was worse in that way, the detention without lawyer for 6 hours, but better in other ways, the lesser detention time and the procurator fiscal check on charging decisions. It was swings and roundabouts, by accidents of history. There was no need for nationalists to feel miffed or defensive. But above all there was no need for them to defend what was bad and to introduce something else bad in cancelling out of today's step forward.

In making it a lot worse and a lot less safe going through daily life for how long the police can bang you up for without charge, the SNP government is inflicting on itself a lot more cause for the court change to arise in court cases, and for folks to make use of it. This totally sits in conflict with their unworkable effort to continue to ignore the court change, and with suppressing the decription of the court change in my consultation response. The only course it fits with logically, is to openly announce the court change and take a position on it.