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Sunday, 30th November 2008

A higher standard

James Forsyth 3:59pm

The heavy-handed arrest of Damian Green has highlighted one set of threats to freedom of speech, thought and inquiry in Britain. But there are others, notably our draconian libel laws. As Nick Cohen writes in The Observer today:

“Listen as hard you like, but you will never hear a Law Lord tell Eady that he cannot censor writers at the behest of plutocrats, or New Scotland Yard and the Home Office tell Quick that he cannot arrest opposition MPs, or the CPS tell Thames Valley detectives that they cannot harass an innocent reporter.

No one in authority ever seems to say to the bewigged authoritarian or uniformed goon: 'This isn't Zimbabwe, you know. This is Britain and you just can't do that here.'”

To be clear, Britain isn’t Zimbabwe or a police state. But that should not be the standard we are holding ourselves to; our liberties have been hard won and should be protected with zeal. It is time for this great parliamentary democracy to make sure that our laws and institutions favour liberty and protect the rights that so many of our ancestors has to fight for. 
 

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Carol-Ann

November 30th, 2008 4:17pm Report this comment

Also in Cohen's piece was this:

'As I have said before, the judiciary is no longer a guarantor of liberty. One of the first acts of President Obama will be to sign a bill from Congress that prevents the verdicts of British libel judges being enforced in the States. American politicians and writers of all political persuasions have been outraged by the behaviour of Mr Justice Eady, who merrily agrees to the banning of books that have never been published in this country and orders the fining of foreign authors. So, too, has the United Nations.

Yet the unprecedented spectacle of America, a fellow democracy whose legal system has roots in the English common law, deciding that Britain is no friend to freedom of speech, has passed without comment from officialdom here.

Such silences are becoming an ominous feature of bureaucratic life.'

Another example of what a disgrace this country has become. We are busy exporting so called freedom and democracy around the world yet we haven't got it here at home. This needs wider airing in the media to bring it to the public's attention.

Danny Boy

November 30th, 2008 4:18pm Report this comment

Does anyone know what Tory policy is on the libel law and Justice Eady issue? David Davis should turn his attention to this. He should become the shadow minister for civil liberties and freedom of speech.

Nicholas

November 30th, 2008 5:29pm Report this comment

Excellent idea Danny. Creating a Shadow Minister for Civil Liberties and Freedom of Speech would "send a clear message" to Labour that the Tories mean to make it an election issue. At the moment there is a huge wave of populist repulsion at the increasingly repressive activities of Brown & Co but no single representation to focus it.

By creating such a post Cameron would signal that the issue is core to Tory beliefs and it would also provide an effective counterpoint to the Political Correctness crew who have so far had an easy and unchallenged ride through the public and private sectors.

Jeremy

November 30th, 2008 5:39pm Report this comment

So the police used powers granted to them by anti-terrorist legislation to arrest an Opposition front bench spokesman for making public leaked details of incompetence (and worse) at the Home Office. And - against centuries of Parliamentary tradition and legal immunity - the police also raided this man's offices in the House of Commons itself. And they did so with the foreknowledge and - presumably - the acquiescence of both the Speaker of the House of Commons and the Sergeant-at-Arms, whose first duty it is to protect Parliament - its traditions and privileges - and Parliamentarians themselves. And the best that the current Prime Minister can say is that all of this is solely a matter for the police. I see.

So....are the police now going to start holding Cabinet meetings? And how, precisely, should we address these new masters of ours?

And why haven't both the Speaker and the Sergeant-at-Arms of the House of Commons resigned in disgrace? Because a disgrace to their predecessors, to Parliament, to Parliamentary liberty and the security of MPs they most certainly are. I can see no good reason for them to still be retaining their positions. And furthermore, a Prime Minister who is likewise incapable of defending Parliamentary liberty and the security of MPs is equally unfit for office. For him to simply look the other way while the liberties and necessary immunities of MPs are trampled underfoot in this brutish and despicable way is an abnegation and a betrayal of duty for which he should resign.

The Prime Minister should go.

TGF UKIP

November 30th, 2008 5:42pm Report this comment

The sad thing here is, James, that there are many on the Labour backbenches who would agree with the points you make and in many ways theirs could also be the most powerful voices on these issues.

Unfortunately, though, they are also the missing voices for as Labour people it is, as usual, party before country every time.

PS. Coffee Housers should also go to Guido at order-order.com for Gordon's confession plus some new stuff on Balls, Gordon and the Smith Institute.

cogito ergosum

November 30th, 2008 5:55pm Report this comment

English libel law is very simple: if you publish claims that somebody is wicked, you must be able to prove it in court if necessary. It is a wholly good thing that mistakes, rumours, and lies are actively discouraged. It is almost always a good thing that story-tellers cannot shelter behind "confidential" sources.

I have no sympathy for the special pleading of the media over this.

Chris Rose

November 30th, 2008 6:38pm Report this comment

You always have to fight for liberty; and you have to fight to keep liberty. No one will grant it to you. Oh yes, governments will fob you off with endless Rights, but all our liberties were fought for; and we shall have to fight to keep them.

True freedom, tempered by respect for the freedom of others, is worth far more than a thousand rights.

I very much hope we can use present circumstances to rouse the cry for a rebirth of freedom and liberty.

Jim

November 30th, 2008 6:49pm Report this comment

TGF - I was staggered to turn on BBC news 24 just before 6 this evening and see them run exactly the same video of Brown's confession from '85.

Interesting times...

John Page

November 30th, 2008 7:37pm Report this comment

I thought it was under common law, Jeremy, not ant-terrorism legislation? - The same common law the police invoked in their persecution of Murrer.

Alfred T Mahan

December 1st, 2008 9:05am Report this comment

Jim - the BBC are scared. You can see it in the body language of the newsreaders and commentators. They have suddenly realised the awfulness of the country's financial position and the consequences: a change of government and an end to their featherbedded existence. They wouldn't be human if they didn't start hedging their bets.

Ivy Eileen

December 1st, 2008 3:41pm Report this comment

As has been stated many times, Mr. Justice Eady is only applying the law as it is ... and that includes European Law. If you disagree with his judgements, you must change the relevant UK law and also European law (which, not entirely within the UK's control).

There is also something very amusing at the U.S. wanting (allegedly)to bar UK court judgements having any effect in the U.S. - this is the country that believes in the "pre-eminence of the almighty dollar" and you must follow their laws, wherever you live or work. Remember the NatWest 4, their anti-terrorist legislation and Unitary taxation as just 3 recent examples.

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