Thursday, July 30, 2009 

The right to die.

There's more than a certain irony in the law lords finally doing the decent thing and ruling in favour of Debbie Purdy's right to know under what circumstances her husband might be prosecuted were he to accompany her to Dignitas in Switzerland to die. Less than a month ago the House of Lords rejected the latest attempt to change the law, to allow relatives to accompany a person with terminal illness to places like Dignitas without the threat of prosecution, by a majority of 53. The law lords themselves don't generally vote on legislation, but are life peers.

The law has long needed to be clarified, if only to make it abundantly clear that only in extreme circumstances would any prosecution be attempted, as already seems to be the case. Surely the most likely example of when prosecution might well have been attempted was in the Daniel James case last year. James, a 23-year-old who was paralysed from the chest down after a scrum collapsed on him while playing rugby, was not terminally ill, as most seeking to die at Dignitas are. He had however attempted suicide before, and his parents, respecting his clear choice that he wanted to die, accompanied him to Switzerland. The CPS however decided that although a crime may well have been committed that there was not a public interest in prosecuting them.

All this though is still skirting around the issue. The terminally ill here that want to end their life shouldn't have to travel to Switzerland or anywhere else to do so; they should have the choice to do so in this country. The two things that are holding back a change in the law, which is still surely eventually inevitable, is that politicians are scared rigid of an issue which is both incredibly difficult and which there is no party political advantage to be gained from, quite possibly the opposite in fact. The other is the campaigners that obfuscate and deny the right of others in a similar position to them to even have the ability to say that they don't want to carry on. The likes of Lady Campbell seem to imagine that doctors who have repeatedly made clear they'd prefer not to put in such a position are just waiting to get the ability to stick a needle in the terminally ill and disabled and put them out of their misery. They also imagine that giving a person of sound mind the right to choose to die will somehow put pressure on all of those in a similar position to do the same, even though the safeguards that would be put in place would almost certainly prevent any such thing happening. It's much the same mentality which denies women the right to choose, that those making such a decision need to be talked out of it, that they themselves cannot possibly be in the right frame of mind to be able to make such a choice for themselves, hence they should be denied it entirely. Just like you will never stop those desperate for one from ending their pregnancy, you will never stop those who want to die from getting their way; as with everything else, it's the regulation and safeguards that are the key.

The right to die campaign is only going to grow as the world population inexorably ages. It seems likely that it will finally become as important a right as the right to life itself. The sooner we recognise that the sooner we'll end the stream of those that see the indignity of Dignitas as their only remaining option.

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Wednesday, July 30, 2008 

A victory for the arms dealers, the kleptocrats and the government.

It's been buried thanks to the oh so exciting David Miliband article in the Grauniad, but the House of Lords today made a ruling which will potentially affect the rule of law and justice in this country for decades to come. Overruling Lord Justice Moses and Sullivan, who had came to the decision that the Serious Fraud Office had acted unlawfully in dropping the investigation into the BAE Systems slush fund, after the Saudis threatened not just to withdraw their co-operation on counter-terrorism, but also specifically made the chilling comment "that British lives on British streets" were at risk were it not be stopped, the law lords have very narrowly decided that the SFO director was acting lawfully.

Unlike Moses and Sullivan, the law lords have taken the view, like the government, that such threats are either a "matter or regret" or a "fact of life". It doesn't matter how outrageous the threats were, how if they had been made by a British citizen that he could have been charged with attempting to pervert the course of justice, as both the attorney general and Robert Wardle followed the correct procedures in deciding to drop the case, the Royal Courts of Justice were wrong in declaring that the initial decision was unlawful.

Legally, this can be understood and accepted. It however frightfully ignores the much larger, bigger picture: that the UK government was to all intents and purposes being blackmailed by one of its supposed allies. That is of course if we accept that the threats were to be followed through, which in itself is by no means clear. Even if the Saudis had withdrawn their counter-terrorism co-operation, all such information is now pooled between the main intelligence agencies, meaning that the CIA for one would have forwarded it on to MI5/6 as a matter of course. To give the impression that this threat was more real than it was, the Saudi ambassador expressly made the statement that "British lives on British streets" were at risk if the inquiry was not dropped. Rather than tell the Saudis to get off their high horse and make clear that due to the separation of powers such an investigation could not be called off by politicians, the government meekly gave in, as Moses and Sullivan initially ruled. Robert Wardle, the director of the SFO, had little choice but to cancel the inquiry, as it was clear if he didn't the politicians, including the attorney general, would go ahead and do so anyway.

It takes a moment to digest exactly what sort of precedent this sets. This ruling more or less means that any foreign power, whether an ally or not, can threaten our national security whether directly or indirectly in any case where one of their citizens or otherwise is being tried or even investigated, and we the citizens can do absolutely nothing to challenge the government if it decides that such threats are serious enough to drop that investigation or trial, as long as they have acted appropriately, as the law lords decided Wardle and Lord Goldsmith had. Say that by some miracle or another that the man accused of murdering Alexander Litvinenko, Andrei Lugovoi, was captured and to be put on trial. Russia wouldn't even have to necessarily threaten violence to stop the trial, all it would have to do is threaten to sever ties on helping with national security, or to not pass on information it has on terrorist activities, and the government could therefore conclude that as more lives than just one are being threatened, it would be perfectly lawful for the prosecution of Lugovoi to be dropped.

In practice, it's unlikely that such an extreme case would ever occur. No, what instead is apparent here that from the very beginning the government wanted the SFO inquiry into the slush fund dropped, not because the Saudis were making threats, but because BAE themselves wanted it dropped. It's been established time and again that BAE may as well be a nationalised company, such is the power it has over ministers. The Guardian's expose which initially altered the authorities to the slush fund connected with the al-Yamamah deal was severely embarrassing, even if it didn't have New Labour's fingers all over it. It proved what long been suspected: that BAE and the government had provided the Saudis with massive sweeteners so the deal went ahead, potentially over a £1bn in bribes, which enabled Prince Bandar to buy a private jet, and which was also spent on prostitutes, sports cars and yachts among other things. All of this is helped along through massive public subsidy: up to £850m a year. In other words, we are directly funding the Saudi royal family's taste in whores and vehicles, while its people suffer under one of the most authoritarian, discriminatory and corrupt governments in the world. Despite everything else, it really is all about the arms deals and the oil. The government got its way because it realised it could rely on the spurious defence of "national security". Moses and Sullivan didn't fall for that. The law lords don't either, and one of them, Baroness Hale, even made clear that she was very uncomfortable with having to overrule them, but had little legal option other than to.

The government response to the initial ruling, which understandably horrified them, was to completely ignore it except to appeal against it. There doesn't seem to have been any reaction today either. The groups that brought the initial challenge, CAAT and Corner House were far from silent:

Nicholas Hildyard of The Corner House said:

"Now we know where we are. Under UK law, a supposedly independent prosecutor can do nothing to resist a threat made by someone abroad if the UK government claims that the threat endangers national security.
"The unscrupulous who have friends in high places overseas willing to make such threats now have a 'Get Out of Jail Free' card -- and there is nothing the public can do to hold the government to account if it abuses its national security powers. Parliament needs urgently to plug this gaping hole in the law and in the constitutional checks and balances dealing with national security.
"With the law as it is, a government can simply invoke 'national security' to drive a coach and horses through international anti-bribery legislation, as the UK government has done, to stop corruption investigations."

Symon Hill of CAAT said:

"BAE and the government will be quickly disappointed if they think that this ruling will bring an end to public criticism. Throughout this case we have been overwhelmed with support from people in all walks of life. There has been a sharp rise in opposition to BAE's influence in the corridors of power. Fewer people are now taken in by exaggerated claims about British jobs dependent on Saudi arms deals. The government has been judged in the court of public opinion. The public know that Britain will be a better place when BAE is no longer calling the shots."

This ruling, as if it needed stating again, is far, far more serious than last week's involving Max Mosley. The media however on this case, with the exception of the Guardian or Independent fully supported the government's craven surrender, and will do the same over today's decision. When it personally affects them and their business models they will scream and scream until they're sick; when it potentially means, however spuriously, that "lives are at risk", they jump straight behind the government, and, of course, the money. Such is how democracy in this country works. The rule of law, justice being blind and everything else associated always comes second.

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Thursday, July 03, 2008 

Anonymity or bust.

Somewhat related to the previous post, as Unity notes on Lib Con the government has published its "solution" to the law lords' ruling on anonymity. His conclusion could have been predicted:

In short, its just what we’ve come to expect from emergency legislation - a badly conceived and prejudicial mess in which political expediency takes precedence over civil liberties.

You can understand why the government has rushed to legislate - the prospect of various unsavoury individuals, to put it lightly, being freed, including potentially the gang "killers" of Charlene and Letisha Shakespeare on what will be described as a "technicality" is enough to get a party of government scared at the potential consequences. Some of the blame has to be however levelled at the police, who unlike the government greatly encouraged the expansion of anonymous witnesses while knowing full well that it had not been properly defined in the legislation which introduced it in the first place. Rather than making clear that it could only be considered as a last resort in cases where otherwise the guilty would go free, it was instead starting to be offered as a first resort, as evidenced by them making clear that the law lords ruling would not affect anyone who was frightened of giving evidence in the Ben Kinsella case, where three individuals have now been charged with his murder anyway.

It isn't just the police though - Louise Casey proposed it for the disabled and elderly who had been victims of anti-social behaviour in her criminal justice system review. The bill does at least contain the clause that a judge will have to consider the possibility of a witnesses' potential to be dishonest before granting an anonymity order, but it still can't be challenged by the defence. While, as with almost everything else at the moment, there isn't a simple solution, witness protection programmes, while expensive, could potentially stop this problem in its tracks. Failing that, as Michael Clarke suggests in the comments, a potential compromise could be allowing the defence to know who the witness is - but restricting them on pain of being expelled from the Bar Council and also being held in contempt of court of revealing the identity to the defendant themselves. The right to a fair trial needs to be paramount - and bad legislation brought in to fix a a temporary problem threatens that.

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