Latest from Coffee House

Latest from Coffee House

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

And Ilsley goes too

Following the jury’s decision in the Jim Devine case, Eric Ilsley has been sentenced to 12 months in jail having pleaded guilty to charges of false accounting.   As I wrote this morning, prison sentences for expenses offenders are both appropriate and constructive. They dictate that parliament should conduct itself with dignity and probity; and they express the absolute supremacy of the rule of law. It is right that those whose abuse of the expenses system was criminal are being incarcerated.      

Looks like Devine’s going down

Twitter has exploded at the news that former Labour MP Jim Devine has been found guilty on two counts of false accounting, and is likely follow to David Chaytor to the slammer – another argument against votes for lags. Sentence will be passed in four weeks As James Kirkup wrote at the time of Chaytor’s sentencing, this is a victory for the British justice system; proof that those who make our laws and subject to them also. The purge on the most heinous expenses cheats is a painful but necessary passage for restoring dignity to parliament and probity to public life. And the process is far from over. News of

Parliament is expected to deny prisoners the right to vote

These are hard times for the government and there is no respite. Today, parliament will debate a prisoner’s right to vote, in accordance with the wishes of the resented European Court of Human Rights. The Guardian’s Patrick Wintour writes what many suspect: on the back of a free vote, the House will deny prisoners the right to vote in all cases and outlaw compensation claims. Such a result would seem a set-back for the government, which was thought to favour a limited franchise on prisoner voting. If it became law, then the government would apparently be at odds with the ECHR – precipitating an ignominious procession of grasping lags, searching

Bringing rights back home

Thursday’s debate on the backbench motion on prisoner voting tabled by Jack Straw and David Davis is set to be a real parliamentary event – a rare occasion where the will of the elected legislature might just make a big difference.  The real news will not be how many endorse the ban, but which MPs – aside from those abstaining Government Ministers and Denis MacShane – choose to bow to Strasbourg.   MPs preparing to speak out against Strasbourg are now armed with a powerful academic case.  A new Policy Exchange report authored by the political scientist Michael Pinto-Duschinsky – Bringing Rights Back Home – outlines how the UK can

Act 3 in the prisoner voting farce

An ingenious man, John Hirst. First he achieved the considerable feat of committing manslaughter with an axe; and he has since proceeded to cause governments no end of trouble. The prisoner voting saga is nearing its end and a fug of ignominy is descending on the government. The BBC reports that the coalition is to dilute its policy of enfranchising prisoners serving less than four years. Now ministers will be seeking to enfranchise only those serving a year or less. This u-turn is the result of the alliance between Jack Straw and David Davis and the slew of assorted backbench dissent. Tim Montgomerie argues that this is yet another example

Davis and Straw unite against prisoner voting rights

David Davis and Jack Straw have joined forces to resist the enforcement of prisoner voting rights, an emotive issue bequeathed to the hapless coalition by the previous government. Beside the obvious moral question concerning prisoners’ rights, Davis hopes to open a second front in the struggle over sovereignty with the European Union. He told Politics Home: ‘There are two main issues here. First is whether or not it is moral or even decent to give the vote to rapists, violent offenders or sex offenders. The second is whether it is proper for the European court to overrule a Parliament.’ Unless Davis has confused his articles, his second point is invalid.

Let’s hope the paternity revolution stalls

Nick Clegg’s announcement on the extension of paternity leave has been drowned by the cacophony surrounding NHS reform. The government is keen to describe itself as family friendly – with the exception of Vulgaria in Chitty Chitty Bang Bang, all government’s do. Clegg hopes to bring flexibility to the workplace and relieve young mothers who would like to return to work. It’s an admirable aim, but there is only so far socially manipulative legislation can go before it becomes grossly counter-productive. David Frost, Director General of the British Chambers of Commerce, has made a strong case against further law. “Last week we saw changes to the default retirement age, in

Opposing the EU Bill

The EU Bill is back in parliament today, amid speculation that Cameron has a Europe-fuelled rebellion on his hands. Despite the talk, the chances are that the Bill will go through Parliament wholly unscathed in its first test.   Today’s debate is about the so-called ‘sovereignty clause’ – or Clause 18 – within the EU Bill. Of the Bill’s 17 pages, the clause only takes up four lines, but has still managed to cause the most fuss (the vast majority of the text relates to the EU ‘referendum lock’).   The government claims that Clause 18 confirms that EU law “is only recognised by virtue of the authority of acts

A tale of ego and hypocrisy

Sarah Ellison has profiled Julian Assange and his relationship with the Guardian for Vanity Fair. Read the whole piece for each petulant tantrum, sordid disclosure and twist of hypocrisy, but here are the opening paragraphs to get you started. ‘On the afternoon of November 1, 2010, Julian Assange, the Australian-born founder of WikiLeaks.org, marched with his lawyer into the London office of Alan Rusbridger, the editor of The Guardian. Assange was pallid and sweaty, his thin frame racked by a cough that had been plaguing him for weeks. He was also angry, and his message was simple: he would sue the newspaper if it went ahead and published stories based

James Forsyth

High Court rejects temporary immigration cap

The High Court has just declared the government’s temporary cap on non-EU immigration is unlawful. Its ground was that the cap was not introduced with proper parliamentary scrutiny. However, the annual cap, which will not be in place until April next year, is not affected by this decision. But without a temporary cap there’ll be a spike in applications as people try and beat the cap. It’ll be fascinating to see how the PM and the Home Secretary respond to this ruling. At the moment, the government is playing it softly, softly. But there are Tories who think that the government cannot just allow a key part of its flagship

What were the CPS and the courts thinking? 

A mother jailed for retracting allegations of rape by her husband, (allegations she now says were truthful) has been freed. A few days ago, appeal judges overturned the eight-month sentence of which she had served seventeen days, ordering her immediate release.  A triumph for common sense and compassion, but why was she jailed in the first place? Yes, the CPS thought she’d lied under oath and invented a rape claim – and that’s serious – but, as it turns out, her husband intimidated her into retracting the claim. In any event, an eight-month sentence is excessive. It is precisely the sort of sentence that the government should be reviewing in

Alex Massie

Astonishing Development: Common Sense and Decency Win the Day

More legal matters: remember the case of Gail Cochrane? She’s the 53-year old Dundonian who was jailed for five years for the crime of possessing her father’s service revolver. The sentence, its defenders claimed, was justified since her gun was, for admittedly curious reasons, stashed beneath her bed and not in a box in the attic or basement. Nevertheless, the ghastliness of mandatory sentencing was again on display. Happily, for once, sanity has won the day. Lallands Peat Worrier brings the news that Mrs Cochrane has won her appeal at the High Court of Justiciary. The full judgement may be read here. Praise be to Lords Reed and Marnoch for

Phil Woolas, four investigations and a funeral wreath

It may take another week to discover if Phil Woolas has the right to challenge the election court ruling that destroyed his career. To the delight of his cadre of supporters in the House, judges have said there are “difficult questions to resolve” – not about the evidence of Woolas’ campaign making “false statements”, but about the specific application of the Representation of the People Act (RPA). Before the last die is cast, here are two quick contextual points. First, it is not just Harriet Harman who is keen to shut down this episode – many folks on all sides of the House of Commons would like to pretend skulduggery

The curious case of the Guantanamo Bay pay-outs

What to make of the out-of-court settlement that has been paid to around a dozen former detainees of Guantanamo Bay? According to unofficial reports, taxpayers might have to shoulder £10 million as a result. One of the men is thought to be receiving £1 million. The explanations seeping out of Westminster are understandable enough. Security chiefs, we’re told, were keen to avoid a lengthy process – not just because it could mean more cost for the taxpayer, but because it would drag the practices of our intelligence services out into the public realm. David Cameron, speaking on the matter in July, highlighted that Mi5 and Mi6’s time could be spent

James Forsyth

The Lib Dems are spared by idiotic students

The violence at today’s student protest is, politically, a boon to the coalition. The story now is not the Lib Dems breaking their word but the storming of Millbank. The violence will also have cost the no-fees cause much public sympathy, we don’t like attempts at aggressive direct action in this country. There are questions that need to be answered after today, why were the cops so unprepared for the protest turning violent? I crossed through the protest at lunchtime and then it was quite clear that there was potential for trouble. I’m also bemused as to why it is taking so long to put a stop to the violence

James Forsyth

Europe hasn’t gone away

The Tory party’s acceptance of a 2.9 percent increase in the EU budget has persuaded Steve Richards that ‘Europe has ceased to be a toxic issue in British politics.’ As Steve acknowledges, this is in part because the Euro-sceptics have won the argument over the single currency. But it is also because the Tory parliamentary party has accepted that the coalition means nothing positive is happening on the Europe front for the next few years. One thing, though, needs to be borne in mind: the Tory party is more Euro-sceptic than it has been in living memory. Talk to new Tory MPs, who are mostly hardcore sceptics, about Europe and

James Forsyth

The growing case for libel reform

Policy Exchange’s work on Islamism has been some of the most important undertaken by a think-tank in recent years. It has influenced and bolstered the thinking of brave politicians in both the last government and the current one. That’s why it is so important that Policy Exchange came off best in the libel case brought against it by North London Central mosque. The case is now over and the mosque has made, what Policy Exchange calls, ‘a substantial contribution’ towards the think tank’s costs. Policy Exchange has stated that it never meant to suggest that extremist literature was sold or distributed on the mosque’s grounds with the consent of the

James Forsyth

Hardly vintage stuff from Ed and Dave

Neither Ed Miliband nor David Cameron had a good PMQs. Cameron let his irritation at questions about the appointment of his campaign photographer to a civil service post show. It was also a bit rich for him to criticise a Labour MP for asking a question scripted by the whips when Tory MPs ask patsy questions with monotonous regularity, I counted at least four in this session alone. But the regular shouts of ‘cheese, cheese’ from the Labour benches were clearly riling the Prime Minister. But it wasn’t a good session for Ed Miliband either. His delivery was rather halting and he stumbled on his words far more than he

Prisoner voting rights are undemocratic

It was unlikely that the Coalition could have played for any more time before lifting the ban on prisoner voting.  That was the tactic played by the previous Government, but now it seems the will of Strasbourg will prevail.  But the policy is wildly out of step with public opinion, hard to justify and difficult to administer – it is also another example of how our own Parliament and domestic courts have been undermined.     The public are opposed – usually on principle – to granting additional privileges to serving prisoners, especially when they have done little or nothing to earn it.  They are against voting rights in particular

The inviolable right of prisoners

After 6 years of resistance, the British government has submitted to the European Court of Human Right’s judgement that prisoners have the right to vote. It will use a case in the Court of Appeal to make the announcement and then prepare itself for compensation suits. Understandably, the government is furious that it has been forced to make a concession on law and order, an area where they are weak enough already. Even Dominic Grieve, a firm supporter of the ECHR, is understood to be exasperated. Straining to limit the political damage, Ken Clark hopes to limit the franchise to those prisoners sentenced to less than four years; judges may also

Alex Massie

How Do You Make North Lanarkshire Look Good?

The answer may not be what you think. It seems that South Lanarkshire council have embarked upon the most idiotic defamation action of the year. Over to Jonathan Mitchell QC to explain: South Lanarkshire Council has long had a certain reputation for Brezhnevism. Recently it seems to have excelled itself by bringing proceedings for defamation in Lanark Sheriff Court against the membership of a local community council for an article on its website which linked to another article on a different organisation’s website entitled “South Lanarkshire Council and Scottish Coal Hand-in-Hand at Community LIE-aison Meeting”. I have never before heard of a Scottish local authority attempting to bring a defamation

Fraser Nelson

Who governs Britain? | 28 August 2010

CoffeeHousers may like to see the full leaked letter (pasted below) to which I referred in The Spectator’s cover story this week. It shows how the NUT is using Freedom of Information to try and force school heads to hand over a list of names of anyone who might support a campaign to opt out of local authority control and become quasi-independent Academies. We have blacked out any information that may reveal the source. This letter helps explain why Michael Gove will have so few names next week, when he lists the list of schools who have succeeded in their fast-track application. Out of the 3,000 eligible, a few dozen

From the archives: The Chatterley trial

It’s 50 years since the case of Lady Chatterley’s Lover was declared sub judice, so commenting on the trial amounted to contempt of court. Here’s how the Spectator circumvented the order at the time: The Prosecutors, The Spectator, August 26, 1960 As Penguin Books Ltd. have been summoned under the Obscene Publications Act, the case of Lady Chatterley’s Lover is now sub judice; and this means… But what does it mean? The trouble with the law of contempt in this country is that because defendants are allowed neither trial by jury nor the right of appeal it tends to be more arbitrary, and more capriciously exercised, than any other law.

Tipping the scales against legal aid

Britain’s legal aid system continues to fail, and should be abolished for virtually all compensation claims. Reformed Conditional Fee Agreements (CFAs for short) should take its place. Those are the headline recommendations of the Adam Smith Institute’s latest report, written by legal expert Anthony Barton.   It’s not difficult to point to problems with legal aid, but the main one is that it encourages risk-free, speculative litigation, and fuels a costly compensation culture. The fact that claimants receiving legal aid are not responsible for defendants’ costs if their case is unsuccessful essentially puts them in a no-lose situation. Defendants, on the other hand, just can’t win – they’re going to

Fraser Nelson

A New Labour landmine detonates

Has Mark Hoban just become the first victim of the New Labour landmines? He was asked on the Today Programme whether the Treasury had conducted a formal study assessing the impact of the cuts on ethnic minorities. Hoban was speechless – as well you might be. But the assessment, he was told, is required under Harriet Harman’s Equalities Act. Has it been carried out? He avoided the question and was asked it again. And so it continued, a la Paxman v Howard. When Labour retreated, it sewed several landmines in the political territory it was about to cede. One of them was Harman’s Equalities Act, which – as Pete blogged

Stage 2 in the penal revolution

The government’s position is that prison does not work. It aims to reduce prison numbers and now Ken Clarke has announced that further savings will be made to the criminal justice budget. The Times reports (£) that Clarke will continue Labour’s policy of closing courts; 103 magistrates courts and 54 county courts will shut up shop. The Tories campaigned against court-closures at the fag-end of the last government; and there is whispered concern around Whitehall and Westminster that the concrete apparatus of justice is already over-stretched. But, savings must be made. Clarke’s closures will save a paltry £15.3 million from the annual £1.1bn budget; the bulk of cuts will come

Obama defeats our shameful libel laws

Here’s one divergence between the US and the UK where we can all get behind our American brethren. Yesterday, Barack Obama signed into law a provision blocking his country’s thinkers and writers from foreign libel laws. The target is “libel tourism,” by which complainants skip around the First Amendment by taking their cases to less conscientious countries. And by “less conscientious countries,” I mean, erm, here.         As various organisations have documented, not least the Index on Censorship, the libel laws in this country are a joke – and a pernicious one at that. Various dodgy figures have exploited them to effectively silence publications and individuals who, regardless of the

Fraser Nelson

System failure aids another EU power-grab

David Cameron’s so-called “referendum lock” is supposed to ensure no more powers are handed to the EU. His thinking, bless him, is that if he just keeps a low profile and doesn’t sign any extra treaties then things won’t get worse. This fundamentally mistakes the way the EU works. As we say in the leader for this week’s magazine, ever-greater integration is hardwired into the system. An example we cite is the coming European Investigatory Order, which Theresa May has naively described to other ministers as a tidying up exercise (Jack Straw said the same about the EU constitution).  As we put it: “Another power grab is looming. Plans are

If the Tories go on like this Labour will become the party of law and order

Before such fripperies were banned, al-Qaeda terrorists were given lessons in stand-up comedy while in high-security prisons. I’d have thought that the exploding underpants fraternity had natural advantages in comedy, but never mind. What I want to know is who gave the lessons? It’d be ironic if it was a voluntary group. The Mail has worked itself into a panicked fury about that the ban on prison parties would be revoked. To be fair to the Mail, Crispin Blunt, the Prisons Minister claimed as much in speech last night, and he vowed to abolish Indeterminate Sentences for Public Protection – orders that incarcerate the sort of charmers who butcher you

What can Cameron do about Obama’s war against BP?

Very little is my immediate answer. The President’s approval ratings are biting the dust. Powerless to stem the tide of oil and unpopularity, Obama can only victimise a ‘foreign’ oil company. Obama may be embattled at home, but if any doubt the US President’s ability to influence global events, they need only look at BP’s share value and the pension funds derived thereof. BP is mired in an expensive oil disaster, but the President’s rhetoric about the ‘habitual environmental criminal’ and threatening BP with criminal proceedings demolishes market confidence. If the British government had condemned AIG, Goldman Sachs and Merrill Lynch in similar tones, the US administration would have retorted.

In defence of Mary Whitehouse

The first time I interviewed Mary Whitehouse was for the Evening Standard in 1965. She seemed to me a narrow-minded schoolmarm, and after our encounter I wrote a teenagerish attack on her. I was thrilled by the satire boom that had been launched by That Was The Week That Was, and I loved other shows that she opposed, such as Till Death Us Do Part. In the event, Charles Wintour, then the Standard’s editor, spiked my article. ‘You haven’t understood the point about Mrs Whitehouse,’ he said. ‘She’s challenged the system. She has annoyed the hell out of the Director-General of the BBC, [Hugh Carleton Greene]. But she’s got a

Fraser Nelson

The Bill of Rights would be useless anyway

I would like to defend the coalition from allegations that there has been a deplorable Tory concession on the Human Rights Act. Tearing it up was never in the Tory manifesto. Dominic Grieve, who drafted the Tory plan, is one of those lawyers who is rather passionate about the European Convention of Human Rights (ECHR) and praised it in his maiden speech. I had many conversations with him about this: for Britain to pull out of it, he said, would send an “odd” signal to the countries on the fringes of Europe whom we were trying to pull into our orbit. Grieve’s plan was to propose a Bill of Rights

Trouble averted or trouble ahead?

“The biggest shake up of our democracy since 1832.”  That’s how Nick Clegg is describing the legislative package that he’s announcing today.  And, even if that’s pure bravado, there’s certainly plenty of encouraging stuff in it.  Scrapping ID cards; restricting the storage of innocent people’s DNA; and the government is even set to ask the public which laws they’d like to see repealed.  Sign me up. But it’s one omission which is really ruffling Tory feathers today.  There will not, it seems, be an immediate move to supplant or even dilute the European Convention on Human Rights with a British Bill of Rights.  Speaking on Radio 4 this morning, Theresa

A good time to bury bad news

Sunday, Bloody Sunday. Someday the Bloody Sunday Inquiry will be published. It has taken 12 years to conduct and it has cost £200 million (about the going rate for state sponsored marriage, or Aston Villa). £2.50p per head is extortionate, so I’d quite like to see Lord Savile’s findings. I don’t expect to enjoy the experience. The report is said to confirm what was already known: confronted by an angry and possibly violent mob, heavily outnumbered British soldiers panicked and opened fire. It will be an expensive impertinence, like reading an idiot child’s private school report. Anyway, the government will not publish the report until well after the election. I