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non partisan comment on the European Union and Westminster politics

 

Enforcing our rights

I noted earlier that Booker had written about motorists using the Bill of Rights to stymie the automatic right of fines.

The Anglo Saxon Chronicle has another use for the Bill of Rights and also explains what our rights are.

We are a free people, as such we have the right to accept or reject the laws our governments enforce on us, in a court of law. We have for to long allowed this increasing infringement on our freedoms to go unchecked, unless we stand up for our rights we cannot expect to retain them.

To hell with the EU Roman Law doctrine, we British have fought and beaten this for over a thousand years, and still it keeps coming back to haunt us, why? Because it gives government power over its people.

Filed under : The Best of the Rest
By Ken
On February 13, 2005
At 10:19 am
Comments : 0
 
 

Another Reason to Vote NO

Times Online - Sunday Times
TONY BLAIR’S closest cabinet ally has hinted the prime minister may resign if he fails to win the referendum on the European Union constitution.

Asked in an interview yesterday whether Blair could survive a “no” vote, Alan Milburn, Labour’s election co-ordinator, refused to give an assurance that the prime minister would stay whatever the result. He simply replied: “Let’s see what happens in the referendum.”

Many MPs believe Blair will have to quit if the yes campaign loses the vote because he has invested so much political capital in the pro-EU cause.

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By Ken
On
At 10:02 am
Comments : 0
 
 

The Privileged EU Elites

Telegraph | News | Christopher Booker’s notebook

Also from Booker Diplomatic “immunity extends to Eurocrats”

We have in Britain a rule of law which states we are all equal under the law that means that everybody no matter how high they may be are subject to the law of the land. This concept of freedom is now being undermined by the EU.

What the Government describes as “a small, technical and non-controversial” Bill now being nodded through Parliament will give the equivalent of diplomatic immunity to the employees of a range of “international organisations”, mostly organs of the EU. The “privileges and immunities” it grants will be enjoyed not just by staff members of these bodies, but by all members of their families and “households”.

Although questioning of this curious Bill has been led by a tireless Eurosceptic, Lord Pearson of Rannoch, it has raised the eyebrows of even such a committed Europhile as Lord Wallace of Saltaire. He was surprised to discover that, since his wife is a director of the Robert Schuman Centre, part of the European University Institute, he will share her “immunity from domestic taxation” and other privileges, as her “dependent spouse”.

The danger of this Bill, according to Lord Wallace, is that it will create “two classes of people – those of us who are subject to domestic law and pay our taxes and parking fines, and an increasing number of people who do not”. While insisting he is a “strong supporter of the further development of the European Union”, he regards “the powers, privileges and status of the Commission and many of its agencies with mixed feelings”, fearing that “there is a real danger of a popular backlash against the emergence of this privileged elite”.

Filed under : The Best of the Rest
By Ken
On
At 9:51 am
Comments : 0
 
 

Bill of Rights and Illegal fines

I find this fascinating, it rather goes to the heart of the basic freedoms we have always enjoyed in this country and which are being infringed by governments who feel they can remove our rights simply because they gained more votes at an election than another political party.

I have heard that several motorist have refused to pay fixed penalty notices, because they claim that the Bill of Rights 1689 is fundamental to British law and says that no one may be fined or financially penalised unless they have been convicted by a court. Lord Justice Laws pronounced that there were certain “constitutional statutes”, such as the Bill of Rights, which cannot be set aside by subsequent legislation unless this is specifically stated. 1991 Road Traffic Act could not implicitly repeal the relevant clause of the Bill of Rights, because, as Laws stated, this was a “constitutional statute”. Either the automatic penalty system was illegal; or Laws was wrong, in which case the Metric Martyrs should not have been found guilty.

Mr de Crittenden refused to pay his fine unless Sandwell took him to court. Two years later they have still not done so. If we all demanded our rights to be found guilty before accepting punishment, the courts would grind to a standstill, after all why should we allow someone to simply declare we are guilty and deciding to punish us without offering any evidence to substantiate that claim.

Telegraph | News | Christopher Booker’s notebook:

“The dilemma facing councils is stark. If they obey the law as it stands, they cannot impose parking tickets on hundreds of thousands of motorists without taking them to court. But if they do so, the court system would rapidly collapse. Furthermore the same applies to all the other official bodies that have jumped on the ‘fixed penalty’ bandwagon, such as the Inland Revenue, which imposes an automatic £100 penalty for a late tax return.”

Filed under : The Best of the Rest
By Ken
On
At 9:41 am
Comments : 0
 
 

The EU Morality Police

The EU Morality Police
From the Pakistan Daily Times Rocco Buttiglione writes about the decision of European Parliament’s Committee on Civil Liberties, Justice, and Home Affairs to reject him because of his religious belifes and the affects of this if carried through as a principal.

The story of the rejection last autumn of my appointment to be a member of the European Commission is notorious. Nominated to the Commission by the Italian government, I was compelled to withdraw because of some allegedly homophobic remarks I was said to have made before the European Parliament’s Committee on Civil Liberties, Justice, and Home Affairs. Now that the dust from that dispute has settled, and with a new Commission in place, it is time to ask what lessons can be drawn from this affair.

The first lesson concerns the indispensability in politics of accurate information and reporting. Democracy works only if there is a fair reporting of the issues being debated. Of course, everyone is free to comment on and evaluate events as he or she pleases. But a high standard of fidelity to the truth is needed in the media; otherwise, debates become too distorted for citizens to evaluate correctly their meaning. Reporters are not entitled to so twist the facts as to reinvent them.

In my case, the main charge against me was invented: I made no homophobic statement. Nor did I introduce the issue of homosexuality into the debate over my appointment. My opponents did. I did not introduce the emotionally charged word “sin” and tie it to homosexuality in the debate. Once again, my foes did this.

What I said, instead, was this: I might, as a practicing Roman Catholic who adheres to his Church’s teachings, think that homosexuality is a sin. This belief could not be construed to have any influence on my decisions, unless I also said and believed that homosexuality is also a crime. But I said nothing of the sort.

A liberal society is a society in which people holding different moral opinions are bound together through a common rule of law. In the fields of both law and politics, I have consistently and clearly supported the principle of non-discrimination. The distinction that I was drawing in my testimony, between law and morals, was not accepted. Worse, it was turned into a caricature, and then declared false.

Indeed, the committee entered in the sphere of moral conscience by stating that anyone who does not adhere to a positive moral evaluation of homosexuality is unfit to serve as a European commissioner. This means that anyone holding to the moral doctrines of most Christian churches should nowadays be considered a second-class citizen in the European Union. According to this principle, Konrad Adenauer, Robert Schuman, and Alcide de Gasperi — three of the EU’s founding fathers — would not measure up.

What is wrong with the fact that a parliamentary committee passes a political judgment against a Commissioner for purely political reasons? The rejection of my nomination was, according to many, just another political battle: you win some, you lose some, but you cannot say that you have been unfairly discriminated against simply because you lost.

But the European Commission is not accountable to the European Parliament in the same way that a national government is accountable to its parliament. The EU’s member governments name the members of the European Commission, and the Parliament lacks an explicit right to veto them. A hearing over a nomination to be a Commissioner before an EU parliamentary committee should simply examine whether the person is competent in the area he or she is to oversee on the Commission, and whether there are elements of moral indignity — i.e., such obvious moral failings as to be disqualifying.

Now it seems that, according to the committee that rejected my nomination, adhering to the principles of most Christian churches is a cause for such a “moral” disqualification. The implication of this position is profound and shocking. If it were generally accepted, it would imply that the EU now holds official moral doctrines, and that allegiance to these doctrines is required in order to exercise the full right of citizens to serve in a public capacity.

That implication is intolerable, and it will progressively weaken and divide the EU through a type of semi-official hostility to religious faith. Moreover, the demand for such an allegiance is a renunciation of one of the most important steps in Europe’s development.

It has been roughly 300 years since religious people came to understand that being of a different faith, or being agnostic, did not disqualify one from public office. If the moral test that I endured stands, it means that Europe has come full circle: agnostics are no longer willing to accept that being religious — and having different moral views — should not bar someone from holding an official post.

I hope that the European Parliament’s Committee on Civil Liberties, Justice, and Home Affairs will reconsider its behaviour, and that the “Buttiglione affair” will remain only an ordinary political injustice against a single individual rather than the harbinger of second-class citizenship for religious believers.

If, on the other hand, the European Parliament’s members follow through on the logic of my case — if my shunning becomes the basis for a consistent policy — the EU will be on its way to creating a kind of morality police and launching a modern-day inquisition, one that crassly violates both freedom of religion and freedom of conscience. —DT-PS

Rocco Buttiglione, formerly Italy’s European Affairs minister, is now professor of law at the University of Rome

Filed under : The Best of the Rest
By Ken
On
At 9:12 am
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