Latest from Coffee House

Latest from Coffee House

All the latest analysis of the day's news and stories

Is Sunny Hundal the best person to lecture on journalism?

Farewell then Sunny Hundal. The libellous blogger and tweeter has announced that he is no longer going to keep up his self-published website ‘Liberal Conspiracy’. One reason – far beyond satire – is that he is going to go to the University of Kingston to lecture on journalism. Sunny is perhaps not best placed to inform them on basic journalistic standards. As I have written here before, some years ago Sunny had to pay out and publish a wholesale apology to me after libelling me on his website. On that occasion he published outright falsehoods, though his more typical style has been to settle for selective quotation, misquotation and misrepresentation.

Steerpike

Sir Brian’s PR offensive continues

Sir Brian Leveson, who has ascended from his inquiry podium to President of the Queen’s Bench Division and Chairman of the Sentencing Council, seems to be getting a taste for public appearances. Last week he frustratingly stonewalled two parliamentary committees who had the temerity to ask for some post-publication thoughts on his report into the press, saying ‘I am a serving judge. It would be absolutely inappropriate for me to come back into the question of my report or regulation of the Press.’ A parliamentarian, Philip Davies, called him a ‘berk’ in consequence. Mr S has heard a few of the good judge’s learned friends express a similar view over the years.

Ed West

Real feminists stand up for women

As Edmund Burke wrote: ‘Manners are of more importance than laws. Upon them, in a great measure, the laws depend.’ Testify, brother – and if our lawmakers have no manners, then we are really up a creek. As Spectator columnist James Forsyth noticed yesterday: ‘Quite remarkable that no MP has offered Jo Swinson, who is seven months pregnant, a seat. Really shocking manners and decency.’ Swinson didn’t help matters when, according to the Mail, she said it would have been ‘quite sexist’ to suggest she was not capable of standing. I wonder how damaging that sort of attitude is to feminism in general? One of the persistent grumbles I hear

Melanie McDonagh

Britain’s abortion laws are inherently absurd

The Director of Public Prosecutions, Keir Starmer, yesterday declared that it was right not to prosecute doctors who authorised abortions which, according to a Telegraph investigation, were requested because of the gender of the foetus. It seems that the women mentioned more than one reason for the abortions so it wasn’t possible to isolate the gender selection element from the other factors. ‘The only basis for a prosecution would be that although we could not prove these doctors authorised a gender-specific abortion, they did not carry out a sufficiently robust assessment of the risks,’ he said. And just what might a ‘robust’ assessment of risk amount to? As Mr Starmer made clear it’s

Ed West

Ed Miliband ducks the question. If squaddies are victims, who or what is threatening them?

A country’s laws say much about its people’s character, though not in the way its lawmakers intend. Perhaps the oldest written law in English history, dating back to King Ethelbert of Kent, decreed strict punishments for anyone who attacked Church property, which suggested that either they were very pious folk or, more likely, quite a few people were stealing from churches. The idea of sacrilege predates Christianity; in ancient Rome violence against some officials was punished more severely because their positions were sacred. The modern advent of hate crimes has reinvented this idea, with certain people granted protection because of group victim status, victimhood being the closest thing we now

We must revisit the Equality Act to stop vexatious court cases

What have the Churchill £5 note, the Home Office ‘racist vans’ and the ‘Bedroom Tax’ got in common? All were alleged breaches of section 149 of the Equality Act 2010, which provides that public authorities are under a duty to have ‘due regard’ to preventing discrimination and advancing equality. Dropping Elizabeth Fry from banknotes was said to be a breach of s149 by the campaign to bring a judicial review. They quickly secured the £10 note for Jane Austen. But as litigants, they would have been in good company. Section 149 was used by the Fawcett Society to challenge the 2010 Budget’s impact on women. It was also the legal

Why bikers need a better deal from the EU

Since I was elected to Parliament in 2010, I have taken every opportunity to push back against the EU’s move towards ever closer union. I have also been a long-time supporter of offering the people a say on our membership of the EU and was delighted when the Prime Minister led the way in pledging to hold that referendum after renegotiation before 2017. I am proud to be a member of the only party offering that choice. Now that the Prime Minister has taken the bold step of pledging a referendum, he must be no less ambitious in the renegotiation he seeks. When we talk about our membership of the

Nick Cohen

When is corruption not corrupt? When the establishment says it isn’t

Mr Justice Tugendhat delivered a ferocious verdict last week. Undercover reporters from the Sunday Times claimed they had found Peter Cruddas, co-Treasurer of the Conservative Party, offering influence in return for wodges of cash. With damning language, the judge found against the paper, leaving it with costs and damages of around £700,000. I don’t want to discuss the merits of the case. Cruddas, who had to resign when the story came out, may have been unjustly maligned. Conversely, the Sunday Times is going to the Court of Appeal, so it may be that the paper is the true victim. I want to look at the judge’s reasoning instead, because it

Government fights misinformation over shale planning process

The government is busy quelling worries about the planning process for exploratory shale drilling, following this disobliging article in yesterday’s Observer. The government stresses that its planning guidance document, which was published last month, contains a list of environmental risks that planning officers ‘should address’, together with an explanation of the competences of other relevant government departments and agencies. The government rejects any insinuation that it is placing shale above renewables. Indeed, aides have taken the opportunity to reiterate the coalition’s commitment to reducing greenhouse gas emissions. For instance, paragraphs 97 and 98 of the National Planning Policy Framework suggest that, despite the government’s commitment to a varied energy supply, renewables and low carbon alternatives

The “bedroom tax” judgment has implications far beyond bedrooms

The High Court has rejected the “bedroom tax” claimants’ case. In a ruling issued earlier this morning, Lord Justice Laws said that ‘the PSED [Public Sector Equality Duty on the benefit reforms] was fulfilled; and the effects of the HB [Housing Benefit] cap were properly considered in terms of the discipline imposed by the requirement of proportionality.’ On the point of the government providing additional help for disabled people affected by the cap, the judge wrote: ‘provision of extra funding for DHPs [‘discretionary housing payments’] and advice and guidance on its use cannot be said to be a disproportionate approach to the difficulties which those persons faced.’ Laws added that certain arguments of the claimants

The judicial review row should not be about lawyers – it is about democracy

The stooshie over judicial review is not about lawyers, although one should be forgiven for thinking otherwise given much of today’s coverage and reaction. Really, it is about the rule of law and representative democracy. So much of the debate around legal reform (not just judicial review) has been skewed by familiar obsessions with ‘human rights’, ‘lefty lawyers’ and ‘right-wing bastards’. Such media tropes are not created ex nihilo. Public administration has become highly politicised, and all sides play the game. I’ve heard government-types talk about the need to break ‘lefty lawyers’’ perceived monopoly over legal aid and some corners of the judiciary. And I’ve heard said ‘lefty lawyers’ talk in

Boris the ironist treads a careful path through immigration row

Boris Johnson’s Telegraph columns are often works of mischief, but today’s is a carefully constructed piece of politics. His subject is immigration – about which the political nation has been warring over the weekend. Boris is, famously, pro-immigration – as one would have to be to win elections in London, irrespective of whether one was a Conservative. And his attitude to illegal immigration is pragmatic: illegals need to be brought into the fold or deported. Boris treads this line again today. First, he writes a paean to the runner Mo Farah – who personifies a ‘sermon as to what immigrants can achieve if they work hard’. Then he says that illegal immigrants

Employment tribunal changes a prelude of what’s to come over legal aid

Changes to the legal system come into force today, with workers being charged for bringing cases against their bosses to employment tribunals. Employees will pay £150-£260 initially, and then there will be a further charge of between £230 and £950 for the hearing. You can read all of the guidance here. The politics of this are relatively clear: business groups, especially those representing small businesses, welcome the effort to tackle ‘vexatious claims’, which impede their operation and confidence. Trade unions say that there are no reliable figures on the number of vexatious claims; and they point out that the number of cases being brought is declining. The government talks of

Soldiers’ right to protection remains, and so it should

Last week’s Supreme Court ruling in the Snatch Land Rover / Challenger II cases, which allowed the families of four soldiers who lost their lives while serving in Iraq to sue for damages, has provoked some strong opinions. Some say that the MoD is in all ways different from other employers and that it should not therefore be held accountable in the courts. Of course soldiering is not ‘just another job’, but surely it does not follow that we should tolerate the deaths of young British citizens if those deaths are caused by the Government’s failure to provide adequate training or equipment. Soldiers should be no less entitled than the

Alex Massie

Hail Caledonia: Fantasy Justice and Offensive Behaviour at Football. The Horror Continues.

Two years have passed since the SNP won its landslide election victory, leaving Alex Salmond master of all devolved territories. Two years notable for the absence of significant legislative achievement. Given the consequences of government legislation this is not necessarily something to be regretted. Nevertheless, Mr Salmond is no FDR or LBJ (again, a good thing too you may say). The exception to this record of legislative lethargy is, of course, our old friend the Offensive Behaviour at Football and Threatening Communications Act. Readers may recall that I am no fan of this illiberal, pernicious, dismal piece of legislation (my most recent post on it is here). Nothing that has

Bring on the drones – the Supreme Court has changed the way we fight wars

On the face of it, the Supreme Court’s decision to allow three suits to be brought against the Ministry of Defence is surprising, almost shocking. My colleague Alex Massie has castigated the judgment; but, while I don’t necessarily disagree with Alex’s sentiments, the judgment merits very close attention. It is a politically far-reaching decision. The Court was asked to consider whether British military personnel on active duty overseas are under the jurisdiction of the European Convention of Human Rights. If they are, then the British state has a duty to secure the human rights of its overseas personnel (specifically their right to life under article 2 of the Convention) as

What can society learn from the ‘grooming’ scandals?

The verdicts have been delivered in the Operation Bullfinch trial. Seven of the nine men have been found ‘guilty’. The case involved the highly organised sexual and physical abuse of underage girls in the ‘care’ system. This was carried out by a gang of men in Oxfordshire over the course of nearly a decade. As I wrote of one of the most shocking aspects of the case: ‘One of the victims sold into slavery was a girl of 11. She was branded with the initial of her “owner” abuser: “M” for Mohammed. The court heard that Mohammed “branded her to make her his property and to ensure others knew about

Reform human rights to save human rights

The European Convention of Human Rights is developed and interpreted as times change; but is there a democratic imbalance when only lawyers and judges can do this? Particularly where the rights being litigated are not just matters of strict law but properly political issues. It is a valid democratic concern that the Human Rights Act, which brought the European Convention into our own law, may encourage political questions to be converted into legal questions, taken to an unelected judge rather than to Parliament. Such wider political questions affect not just the rights of the individual but of society at large – and many consider that their voices on such matters

Rod Liddle

Another weird sacking

Another teacher has been sacked for what looks like a wholly fatuous and unjust reason; these stories come in at the rate of about two a week. Christopher Hammond, head of German at a private girls’ school in Reading, was booted out for having taken photographs of his pupils on a school trip. Or, at least, on the technicality of taking them on his own camera rather than using a ‘memory card or school-owned device’. None of the photos were remotely indecent, nor was there any suggestion he might be a bit of a wrong ‘un on the quiet. Leaving Mr Hammond’s case aside, I wonder if these weird sackings

Alex Massie

Vicky Pryce and the Usefulness of the Not Proven Verdict

Like John Rentoul, I think much of the scoffing and chortling at the expense of the poor jury asked to consider Vicky Pryce’s guilt (or innocence!) is misplaced. This was an unusual case. The questions* they asked – which have been much mocked – seem entirely reasonable to me. More than that, they’re quite intelligent. “Reasonable doubt” for instance is not necessarily an obvious thing to measure or define. As for their conduct demonstrating that the Great British public is incapable of jury service, well, phooey to that. In any case, in both the legal systems that apply on these islands, the vast majority of trials do not involve juries

Nick Cohen

Arraigning a corpse

Part 1 “Russian Justice” A judge at Moscow’s Tverskoi District Court stopped the trial of Sergei Magnitsky (above) yesterday – but not because the defendant was dead. Magnitsky’s demise was of no concern to the judge. It did not bother him in the slightest. The court merely postponed proceedings until 4 March when the world will see something rarely seen since the Middle Ages: a prosecutor arraigning a corpse. The Putin regime – that mixture of autocracy and gangsterism – is desperate to discredit the late Mr Magnitsky and his employer, Bill Browder of Hermitage Capital. If you don’t know the story, I’ll explain why. Browder exposed corruption in Russian

Government will appeal controversial immigration decision

Further to the row that has erupted between Theresa May and some judges over the deportation of foreign criminals, the government is understood to be applying to appeal the case of MF. The Home Secretary is plainly confident that her arguments will be well received in the Court of Appeal, having been found wanting in the Upper Tribunal (Immigration and Asylum Chamber). The issue of deporting foreign criminals has been cast by some as a disagreement between senior judges and their more activist juniors, and not merely a clash between different arms of government. Theresa May’s team have been at pains to point out that the majority of senior judges support her case. Indeed, May

Adultery and the same-sex marriage bill

Nadine Dorries said during the debate on same sex marriage last week that ‘This bill in no way makes a requirement of faithfulness from same-sex couples. In fact, it does the opposite’. Her rather surprising claim stems from the government’s plans to maintain the current definition of adultery in the equal marriage bill. Although not defined in statute, case law defines adultery as sexual intercourse between persons of the opposite sex. So while a heterosexual man can be divorced on the basis of unfaithfulness with another woman, a homosexual man could not on the basis of unfaithfulness with another man. The definition of adultery has caused legislators a collective headache

When will the government confront the EU?

Here is a story that should have got far more attention. A story that perfectly epitomises the corruption and anti-democratic activity of the EU. In 2010 the group NGO Monitor – which seeks to hold NGOs to account – petitioned the European Commission to reveal details of the NGOs it has funded in recent years.  As readers will know, much of the government-funded NGO business is a racket, and one which pushes highly specific political agendas. And so it has been in recent years with funding from the EU. In particular, as NGO Monitor has previously shown, there is the little matter of the European Commission funding rabidly anti-Israel groups

Rod Liddle

Gordon Wilson, a hero for our times

If there was any justice in the world, Yorkshire pensioner Gordon Wilson would feature in the New Year’s Honours list – but I suppose it’s too much to hope for. The Wilkcockson family, from Hunmanby,  kept noticing that their pussycats were going missing, never to return – but they did not suspect the kindly old gentleman living next door. Mr Wilson, however, was outraged that these noisome creatures were crapping all over his lovely garden and had constructed special wood and steel mesh traps baited with tuna fish. Having ensnared Tibbles et al he would then release the animals “in the countryside”, ie presumably in close proximity to an arterial

Nick Cohen

In praise of the bloody-minded Paul Chambers

What freedoms we have in Britain have not come as a rule from revolutions and thunderous declarations of the rights of man. More often than not, our liberties have come because bloody-minded and obstinate men and women have squared their shoulders and decided to fight an arbitrary decision, when others would have surrendered. Paul Chambers has the right to claim a good deal of credit for compelling the Director of Public Prosecutions to stop treating offensive but harmless remarks as crimes. I won’t go through his case in detail because I have told his story elsewhere. But in brief Paul was planning to fly to Belfast to visit a woman

Rod Liddle

‘The first thing we do, let’s kill all the lawyers’

Given that David Cameron, rightly, seems to believe Lord Leveson’s recommendations are a crock of shit, what was the point of the inquiry in the first place? To show that something was being done? To give people like the hilarious Coogan a day in the sun, and that smug prolix lawyer who thought he was James Mason in The Verdict? We have to stop handing things over to lawyers and judges. Journalists are bad enough, but these people are even more thieving, grasping, self-righteous and utterly out of touch with public opinion. Too much time is given over to what they have to pronounce, too much weight given to their

Rotherham’s ‘political commissars’ reinforce the need for a free press

‘Clearly she has morphed somewhere in her career from social worker to political commissar.’ These are the words of Minette Marrin, writing of the social worker at the centre of the fostering scandal at Rotherham Council in the Sunday Times. Marrin’s article unpicks Rotherham Council’s position, turns it over and concludes that: ‘[The] thoughtless, obstinate political correctness of the Joyce Thacker (Rotherham’s senior social worker) variety is rampant throughout social services. Many of them are highly politicised in plain party-political terms as well. It’s a national disgrace and a national disaster. In adoption, for instance, it is such misguided attitudes that make it so very difficult for a child in

How easy would it be to withdraw from the European Court of Human Rights?

As James says, the prisoner votes row will return to parliament before lunch today. The government is expected to offer the Commons three choices: The retention of the blanket ban, in defiance of the European Court of Human Rights (ECtHR) Enfranchising prisoners serving up to six months. Enfranchising those serving up to four years. Parliament is expected to vote for retention, as it has done so previously. Such an outcome would, obviously, set the UK government on a collision course with the ECtHR and leave it open to very costly compensation suits. Damages of around £1,000 per case have been awarded in other jurisdictions, and leaked documents published last year

Cabinet row over imprisoned SAS soldier

A lunchtime spat has broken out over Sergeant Danny Nightingale, the SAS serviceman who was sentenced to 18 months in prison by a court martial after pleading guilty to possession of a prohibited firearm (a 9mm Glock pistol) and ammunition. Sgt Nightingale’s case has attracted wide public support. His friends and family said that the pistol, which was a ‘war gift’ from Iraqi soldiers he mentored in 2007, had not been packed by him, and added that a brain injury had made him forget that it was among his possessions. Supporters say that, owing to these facts, the sentence is unduly harsh. The government’s hand has been forced. The Defence Secretary, Philip Hammond,

Abu Qatada walks free at our expense

Just last month I wrote about the inverted priorities of our judiciary and police who busy themselves with the arrest of individuals for things posted on social networking sites. Earlier today police bailed a 19 year old man after he was arrested for posting a video of a burning poppy on Facebook. The video was allegedly accompanied by a statement which read: ‘How about that you squadey c****.’ The sentiment is undoubtedly crass and offensive, but I suspect few would support his prosecution for offences under the Malicious Communications Act 1988. In itself this is a remarkable indication of just how inverted the police’s priorities have become. Yet, he is

Abu Qatada’s victory proves how low we have been laid

For years a collection of politicians and commentators said that the ECHR and ECtHR would have no impact on British justice. Then they said that they would have no negative impact on British justice. Then it was said that while they might have some negative impact on British justice this would be out-weighed by the good done. Now some say that though the good may be outweighed by the bad the ECHR and ECtHR are still worth something anyway. They, and we, should be plain. It no longer matters what the British government or Home Secretary wants. It no longer matters what the British courts want. It no longer matters

What can Theresa May do to deport Abu Qatada?

Theresa May gave a defiant statement to the house on the Special Immigration Appeals Committee’s (SIAC)  decision to uphold Abu Qatada’s appeal against deportation to Jordan on grounds that he would not receive a fair trial. She vowed to fight on by ‘appealing the decision’, which prompts the question: how will she do that? It’s necessary to understand what the SIAC considered (here is its judgment and here is a précis). First, it examined whether or not evidence given by Qatada’s former co-defendants in an earlier trial (from which Qatada was absent), Abu Hawsher and Al-Hamasher, is admissible in Qatada’s retrial. This question is not initially concerned with whether the

Alex Massie

Abu Qatada and the problem of freedom-stomping friends – Spectator Blogs

And so, once again, the judges are in the dock for insisting that due process be followed even when, as in the case of Abu Qatada, it is inconvenient to do so. On the face of it, the decision to thwart Qatada’s deportation to Jordan seems unreasonable. But the truth is that few of us are in any position to judge the worth of the Jordanian government’s assurances that none of the evidence used against Qatada will have been tainted by torture. It may be that, as the ECHR ruled, those assurances are credible (and if so, that’s in part thanks to the work of bodies such as the ECHR)