An Open letter to Mr Christos Pourgorides, Member of Parliamentary Committee of the Council of Europe and a Member of the Greek Cypriot delegation to the European Assembly
Dear Mr. Pourgourides,
I am sure I don’t need to remind you of the case of Mr Imad Al Khawaya, a British Medical Consultant, who was convicted in a British Court of assaulting two of his patients whilst they were under the influence of hypnosis some six years ago.
One of his victims, who suffered from multiple sclerosis and thereafter committed suicide before the trial, had given testimony to a legal officer which was properly allowed to be submitted to the Court as evidence.
The disgraced doctor thereafter appealed to the European Court of Human Rights who ruled that his human rights had been violated because he had not been able to cross examine the victim who had died and he was duly awarded compensation.
No wonder the remaining victim asked “where are my human rights.”
I could quote many other equally farcical judgements which have not only brought the Court into disrepute in the UK but across Western Europe but I am sure you are well aware of them.
Many of Britain’s most eminent jurists are now questioning the credibility of the Court.
The former Law Lord, Lord Hoffman, who has been widely quoted on the issue, has lately argued that the Court seems to be “laying down a federal law of Europe.”
Lord Phillips, head of our newly created Supreme Court, warned that Strasbourg faced defiance of its ruling’s unless it reconsidered some of them and Lord Hope added “we won’t lie down in front of what they tell us.”
Lord Judge, the Lord Chief Justice, said it would be wrong for the Court to be given precedence over Britain’s own courts.
These are serious lawyers voicing serious concerns and I could quote many more. You would do well to take them seriously yourself not least because you clearly value the efficacy of our institutions as your comments suggest. Consequently, to do otherwise would be illogical.
But the real concern doesn’t spring from the uttering’s of politicians or lawyers. It resounds in the voice of the people who are beginning to express distaste every time the ECHR hits the headlines and that concern doesn’t only relate to the Court but to the wider European institutions.
The foolishness of the Court regarding its seemingly apparent wish to micro manage all law vaguely related to Human Rights without thought for national practices or traditions is potentially damaging to the harmony of the E.U. itself.
The writers of the Convention, way back in the 1940’s, would have been horrified to learn of the extent to which the Court now feels it right to dabble in local matters and would be equally concerned at the way it seems to turn justice on its head and change perpetrators into victims.
The Convention was initially designed to ensure that the abhorrent abuses of European Dictators of the twentieth century would never be inflicted upon our peoples again and I am sure we all pay tribute to the Court for the work it has done in that respect over the years.
However, it’s time we paid heed to the expressions of the people themselves who are beginning to feel a little unnerved at the direction of travel the Court is now taking and the interpretations it is sometimes delivering.
It’s about time we recognised that the Court isn’t a perfect body above sanction but a Court of Law which operates with the assent of the people and not in spite of them.
Of course the ECHR plays an important role within British and European jurisprudence.
Of course its projection and protection of Human Rights is vital to our social wellbeing.
But, equally, the peoples representatives need to review and to fine tune the ECHR from time to time as they would with any other institution.
Perhaps the time has come to do just that whilst at the same time understanding that blind adherence to a faltering structure simply aids its demise. I am certain none of us want that point to be reached. Do we?
Yours Sincerely,
Brian Binley MP
UK Delegate of the Council of Europe
Thursday, 17 February 2011
Thursday, 10 February 2011
Review funding formula urges local MP
Brian Binley MP for Northampton South has again questioned the Police Minister over the funding Northamptonshire Police receives from the Government and the mechanism for doing so in yesterday’s police grant motion debate in the House of Commons.
Brian said: “May I remind the Minister that Northamptonshire Police’s grant funding will decrease by 5.1% next year, when it should have decreased by only 0.9%? That is due to the damping formula, under which Northamptonshire Police will lose £3.4 million in 2011-12 and a further £3.7 million in 2012-13. Will the Minister look at this matter for next year’s grant?”
In responding to Brian’s comments Police Minister, Nick Herbert MP said: “I have met with my Hon. Friend and his local Chief Constable. He knows that I consider the matter carefully, and he makes his point very well on behalf of his constituents.”
Despite a positive response from the Minister Brian is disappointed that Northamptonshire’s case appears to still be falling on deaf ears and Brian has taken further action and arranged a private meeting with Home Secretary, Teresa May MP later this month to discuss the matter further.
Brian said: “Northamptonshire police are sick and tired of being the whipping boys and heavily subsidising other forces throughout the country. I have continually fought for Northamptonshire on this matter and I will continue to do so.”
“I am delighted to have the opportunity to meet privately with Teresa May in the future and I will once again keep the pressure on for a fairer funding system for Northamptonshire.”
Brian said: “May I remind the Minister that Northamptonshire Police’s grant funding will decrease by 5.1% next year, when it should have decreased by only 0.9%? That is due to the damping formula, under which Northamptonshire Police will lose £3.4 million in 2011-12 and a further £3.7 million in 2012-13. Will the Minister look at this matter for next year’s grant?”
In responding to Brian’s comments Police Minister, Nick Herbert MP said: “I have met with my Hon. Friend and his local Chief Constable. He knows that I consider the matter carefully, and he makes his point very well on behalf of his constituents.”
Despite a positive response from the Minister Brian is disappointed that Northamptonshire’s case appears to still be falling on deaf ears and Brian has taken further action and arranged a private meeting with Home Secretary, Teresa May MP later this month to discuss the matter further.
Brian said: “Northamptonshire police are sick and tired of being the whipping boys and heavily subsidising other forces throughout the country. I have continually fought for Northamptonshire on this matter and I will continue to do so.”
“I am delighted to have the opportunity to meet privately with Teresa May in the future and I will once again keep the pressure on for a fairer funding system for Northamptonshire.”
No compensation for Prisoners!
Brian Binley MP for Northampton South sponsored an amendment in the House of Commons which “instructs the Government not to pay any compensation to prisoners and former prisoners in consequence of the maintenance of the current situation.”
The issue of prisoners voting rights is to be debated in the House of Commons tomorrow afternoon as a result of a backbench business committee proposal from former Home Secretary Jack Straw and former Shadow Home Secretary David Davis.
The issue has caused outrage amongst many Members of Parliament and Brian Binley’s Early Day Motion on the issue has now reached over 60 signatures with more to be added before tomorrow’s debate.
Brian said: “The ruling of the European Court of Human Rights in the case of John Hirst vs. the United Kingdom has given a racist thug his fifteen minutes in the limelight and is highlighting all that is wrong with granting prisoners the right to vote.”
“He knows what it is all about, it’s the compensation, but he really doesn’t understand the relationship between the UK Parliament and the European Court of Human Rights.”
“But he is not alone in that. This battle is about the precedence of Westminster over European Institutions and we have to win otherwise our National Parliament will recede into irrelevance.”
The issue of prisoners voting rights is to be debated in the House of Commons tomorrow afternoon as a result of a backbench business committee proposal from former Home Secretary Jack Straw and former Shadow Home Secretary David Davis.
The issue has caused outrage amongst many Members of Parliament and Brian Binley’s Early Day Motion on the issue has now reached over 60 signatures with more to be added before tomorrow’s debate.
Brian said: “The ruling of the European Court of Human Rights in the case of John Hirst vs. the United Kingdom has given a racist thug his fifteen minutes in the limelight and is highlighting all that is wrong with granting prisoners the right to vote.”
“He knows what it is all about, it’s the compensation, but he really doesn’t understand the relationship between the UK Parliament and the European Court of Human Rights.”
“But he is not alone in that. This battle is about the precedence of Westminster over European Institutions and we have to win otherwise our National Parliament will recede into irrelevance.”
Bring forward fuel stabiliser urges local MP
Brian Binley MP for Northampton South has hit out at the previous Labour Government’s fuel duty increases and called on the current Government to bring forward a fuel duty stabiliser in yesterdays opposition day debate in the House of Commons.
Brian said: “I have a message for the Economic Secretary from hauliers in my constituency, such as Wrefords and Butts. They understand what the Government needs to do to put the deficit right, but they urge him to do something that was in our manifesto, namely bring forward a stabiliser. They do not understand why we have not done it already."
Whilst interjecting on the cost of fuel prices for small and medium sized businesses Brian said: “I am concerned that the four increases in fuel duty are not as necessary as we were told by the then Government.”
A report compiled by the AA on the latest fuel pricing figures for the month of December 2010 shows that the average price of unleaded has now hit 122.1pence per litre and the cost of diesel 126.2 pence per litre, making British fuel prices amongst the highest in Europe.
Brian said: “We must help small and medium sized business now; they are vitally important and will provide the jobs growth that the growth agenda requires.”
Brian said: “I have a message for the Economic Secretary from hauliers in my constituency, such as Wrefords and Butts. They understand what the Government needs to do to put the deficit right, but they urge him to do something that was in our manifesto, namely bring forward a stabiliser. They do not understand why we have not done it already."
Whilst interjecting on the cost of fuel prices for small and medium sized businesses Brian said: “I am concerned that the four increases in fuel duty are not as necessary as we were told by the then Government.”
A report compiled by the AA on the latest fuel pricing figures for the month of December 2010 shows that the average price of unleaded has now hit 122.1pence per litre and the cost of diesel 126.2 pence per litre, making British fuel prices amongst the highest in Europe.
Brian said: “We must help small and medium sized business now; they are vitally important and will provide the jobs growth that the growth agenda requires.”
MP Calls on Coroner to answer the question
Brian Binley MP for Northampton South has called on County Coroner, Anne Pember, to answer his question regarding the contribution Grade 4 pressure sores would have made to the deaths of five elderly residents at Parkside care home.
Brian said: “I would point out that you still haven’t answered the central question which was about the impact that grade 4 pressure sores would have had in these circumstances. I am told that they would have caused flesh rotting to the bone and a degree of blood poisoning which would have hastened the deaths of the people in question.”
“If neglect did cause those pressure sores it is understandable that it led to the questioning of your verdict. A letter putting my mind at rest on this issue would be very helpful.”
Brian continued: “I am grateful for your explanation of the finer points of the coronial system. However, those points do not detract from my major concern, that the Office of the Coroner should be more proactive in cases of this kind.”
“As a consequence, I have written to Health Secretary Andrew Lansley suggesting he look into this issue with his colleagues from the Justice Department to re-look at the role of the Coroner in modern day Britain and furthermore urging Coroners to be more proactive in cases of this kind.”
Brian said: “I would point out that you still haven’t answered the central question which was about the impact that grade 4 pressure sores would have had in these circumstances. I am told that they would have caused flesh rotting to the bone and a degree of blood poisoning which would have hastened the deaths of the people in question.”
“If neglect did cause those pressure sores it is understandable that it led to the questioning of your verdict. A letter putting my mind at rest on this issue would be very helpful.”
Brian continued: “I am grateful for your explanation of the finer points of the coronial system. However, those points do not detract from my major concern, that the Office of the Coroner should be more proactive in cases of this kind.”
“As a consequence, I have written to Health Secretary Andrew Lansley suggesting he look into this issue with his colleagues from the Justice Department to re-look at the role of the Coroner in modern day Britain and furthermore urging Coroners to be more proactive in cases of this kind.”
Thursday, 3 February 2011
Labour Bad for Business, Bad for Northampton
Brian Binley MP for Northampton South has slammed the actions of the previous Labour Government as bad for business and bad for Northampton in yesterdays debate on the performance of the Business, Innovation and Skills Department in the House of Commons.
Brian said: “I could talk about many areas in which the previous Government failed the people of my constituency sizeably, but I want to make one particular claim, which is supported by information in the House of Commons library so nobody can question it.”
“The number of unemployment claimants in my constituency rose to 3,460 under Labour. That is 7.4% of the economically active working population. In 1997, my constituency was 440th among the 630 or so constituencies in terms of the highest proportion of claimants. It rose to 132nd under Labour.”
“There was such a big effect in Northampton, because 94% of the people who are in the private sector work in small and medium sized businesses. That is how much the previous government helped my constituents.”
Brian continued to criticise Labours business record stating: “There are a plethora of schemes the previous Government introduced with a shotgun effect. They were all good headline- catching schemes, but they forgot one thing. Often, it is not what one decides to do that matters within a given set of parameters, but the way it is managed.”
“Of course, the previous Government did not know anything about management, because most of them had not turned a penny in the real world in their lives. That experience is vital in understanding small and medium sized businesses.”
During the last quarter of 2010, manufacturing has grown at its fastest rate since records began in 1992 and that has led to Northampton becoming one of the fastest growing towns in the Country.
Brian said: “That has only happened since this Government came to power. They have created a new confidence and a new belief that we have a Government who help small and medium sized business.”
“I do however, make one plea to the Government, they need more cash to help the growth agenda. It is not happening and I ask the Secretary of State to put our money where our mouth is. If we do not, the growth agenda will be much more difficult to sustain.”
Brian said: “I could talk about many areas in which the previous Government failed the people of my constituency sizeably, but I want to make one particular claim, which is supported by information in the House of Commons library so nobody can question it.”
“The number of unemployment claimants in my constituency rose to 3,460 under Labour. That is 7.4% of the economically active working population. In 1997, my constituency was 440th among the 630 or so constituencies in terms of the highest proportion of claimants. It rose to 132nd under Labour.”
“There was such a big effect in Northampton, because 94% of the people who are in the private sector work in small and medium sized businesses. That is how much the previous government helped my constituents.”
Brian continued to criticise Labours business record stating: “There are a plethora of schemes the previous Government introduced with a shotgun effect. They were all good headline- catching schemes, but they forgot one thing. Often, it is not what one decides to do that matters within a given set of parameters, but the way it is managed.”
“Of course, the previous Government did not know anything about management, because most of them had not turned a penny in the real world in their lives. That experience is vital in understanding small and medium sized businesses.”
During the last quarter of 2010, manufacturing has grown at its fastest rate since records began in 1992 and that has led to Northampton becoming one of the fastest growing towns in the Country.
Brian said: “That has only happened since this Government came to power. They have created a new confidence and a new belief that we have a Government who help small and medium sized business.”
“I do however, make one plea to the Government, they need more cash to help the growth agenda. It is not happening and I ask the Secretary of State to put our money where our mouth is. If we do not, the growth agenda will be much more difficult to sustain.”
Binley sympathy for library closure
Brian Binley MP for Northampton South has expressed his sympathy at the closure of the local library in the St. James area of Northampton in response to a letter from John Connolly, Chair of St. James residents association.
Brian said: “Can I say that I have every sympathy with the concerns you expressed with regard to the closure of the library in St. James.”
“It is not my job to take part in an argument over budgetary decisions, but as I said I will fight for a fairer share of the cake for Northamptonshire.”
“I have written to the Secretary of State for Communities and Local Government expressing my concern at the low formula funding grant which has necessitated deeper cuts than would have other been the case, and I have asked for a meeting with him to discuss the matter further.”
Brian also said: “I will also urge local councillors to delay the closure of the library by a year to give you and your colleges a little more time to find viable ways of making the library more successful.”
“I would however, point out that some 307 people out of a catchment of 25,000 people used the library last year and therein lies the difficulty. There just isn’t enough footfall."
Brian said: “Can I say that I have every sympathy with the concerns you expressed with regard to the closure of the library in St. James.”
“It is not my job to take part in an argument over budgetary decisions, but as I said I will fight for a fairer share of the cake for Northamptonshire.”
“I have written to the Secretary of State for Communities and Local Government expressing my concern at the low formula funding grant which has necessitated deeper cuts than would have other been the case, and I have asked for a meeting with him to discuss the matter further.”
Brian also said: “I will also urge local councillors to delay the closure of the library by a year to give you and your colleges a little more time to find viable ways of making the library more successful.”
“I would however, point out that some 307 people out of a catchment of 25,000 people used the library last year and therein lies the difficulty. There just isn’t enough footfall."
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