Make up you mind Mr Jenkins
Earlier I knocked Simon Jenkins on his suggestion that we abolish trial by Jury, today he is arguing the case that epitomises the opposite view.
“THE HOME SECRETARY’S plan to intern British citizens without trial stinks. He must know it. His colleagues must know it. Some politicians need to have their heads banged and their ears shoved to the ground so they can hear the echoing drumbeats of history…
Yesterday I listened to Charles Clarke trying to defend his proposals on the radio. He sounded miserable and unconvincing. He implied that his critics were ignorant of some massive threat known only to him and his secret advisers. He seemed in thrall to forces of darkness which lurk deep within all governments but which stronger politicians hold in check….
Mr Clarke wants to put under house arrest any people he considers a menace, be they Muslims, Irish or animal rights activists. He wants to ban them from using mobile phones and e-mail, and restrict their contact with others. He wants to tag and curfew at will. He offers a secret appeal to a judge, but neither judge nor victim need be shown any evidence….
Those high on the narcotic of power lose their nose for right and wrong. Mr Clarke says he will use his powers “reasonablyâ€. All authoritarians say that…
My Britain is more robust place than Mr Clarke’s cowering, bullying state. A nation that survived two world wars and many terrorist bombing campaigns has kept its freedoms intact without his special powers. For Mr Clarke to demand pre-emptive imprisonment on a par with what was used during the Second World War is an insult to history. Of course we need to be alert to the risk of terrorist attack. But his actions this week suggest a security establishment in blind panic over a threat it has not begun to justify…..
It is because some ministers can degenerate to this craven state that most countries have proper constitutions. They have supreme courts, plebiscites, senates, checks and balances. Britain has none of these. It has only Parliament. Yet hands up those who think a majority of MPs will boldly cry “Liberty†and walk through the division lobby to stop Mr Clarke’s monstrous arrogation of power. Not a hope.â€
That, Mr Jenkins is exactly the reasons we must retain the right of trial by jury and Habeas Corpus but when Clarke comes to the Dispatch Box to implement their removal it would seem you are going to be in the front line applauding.
In a post of mine of 20 Dec 2004 about the Belmarsh detainees I quoted from the Law Lord’s decision:
Even the dissenting Law lord, Lord Walker of Gestingthorpe, wrote in his decision:
“…a portentous but non-specific appeal to the interests of national security can be used as a cloak for arbitrary and oppressive action on the part of government. Whether or not patriotism is the last refuge of the scoundrel, national security can be the last refuge of the tyrant.â€
I think it’s worth reiterating