The Digital Economy Bill is an Attack on the Rule of Law

Posted: February 7th, 2010 | Author: admin | Filed under: Politics, civil liberties, database state, filesharing, surveillance society | Tags: , , , , , | 1 Comment »

The opponents are beginning to line up against Peter Mandelson’s Digital Economy Bill:

Outside parliament, hotels and educators have complained that the bill also endangers their businesses and provision of the internet to the public because of its insistence that organisations providing net access should be liable for the actions of their customers.

The bill proposes a “three strikes” rule which would mean that persistent copyright breaches would be lead to disconnection from the internet. The aim is to reduce illlicit filesharing by 70%. But in a letter (PDF) to Lord Puttnam, representatives from institutions such as the University of London, British Library and the Imperial War Museum, said: “Because public institutions often provide internet access to hundreds or thousands of individual users, the complexity of our position in relation to copyright infringements must be taken into consideration.”

It says that the bill is unclear about the role of “intermediaries” such as libraries in the bill.

The letter added: “If this is not done, a public institution such as a library, school or university’s internet connection as a whole could be jeopardised, resulting in loss of internet access to large sections of the public, particularly the 15 million citizens without an internet connection at home.”

Meanwhile, the British Hospitality Association (BHA), which represents thousands of hotel, catering and leisure establishments, worries that the requirement in the bill for hotels to provide guest details to an internet service provider (ISP) where copyright infringement is alleged could be impossible in some cases – and that hotels might be disconnected if guests are persistently infringing copyright.

Disconnection would endanger a hotel’s business which the BHA said would be a “grossly unfair consequence” of a guest’s action.

It strikes me as bizarre the level to which the government is determined to control the population, to punish protest, to clamping down on freedom of speech, to the sharing of ideas, you name it. Throwing people off the internet without a trial? Banning websites because Secretaries of State don’t like them? No accountability for these decisions worth a damn? What would this do to schools’ internet access? Hotels’? Libraries? Is New Labour so inextricably wedded to monolithic corporate interests that it’s prepared to take British culture down in the name of ‘protecting copyright’?

The business case for the Digital Economy Bill hasn’t been proven: music profits are up, as are takings at the cinema. Certainly in the latter case it’s had something to do with better product being released, but a greater lesson was shown this last year as well in the case of copyright infringement and film. X-Men Origins: Wolverine was released early in 2009 to critical derision – it was a lousy film, which deserved to crash and burn at the box office. A near-complete print was even leaked to the Internet and circulated virally worldwide, yet the film did extraordinarily well. And there is no evidence whatsoever that the pre-release leak damaged the film’s takings at all – on the contrary it’s more than likely that it increased the excitement for the final print’s release. As with music, all the evidence shows that people are willing to pay for product they like, and ‘pirated’ material is in fact of benefit to the market, allowing people to decide in advance what it is they like. Why then should the rule of law be suddenly abandoned?

For that matter should schools, universities, hotels, libraries, all sorts of public buildings and organisations, suddenly become in effect state informers? Has the government learned nothing from the ISA debacle? It’s crazy to legislate with a wrecking ball to crack a nut. Noone’s suggested the problem of illegal downloading (or paedophilia in the case of the ISA) isn’t there, but this will hurt far more than the few who really are out to breach copyright on an industrial level. It’s not just stupid, it’s insidious and will damage us all.

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Blair’s Judgment Day

Posted: February 6th, 2010 | Author: admin | Filed under: Politics, photography, protest | Tags: , , , , , , , , , , , , | No Comments »


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The Pope is Wrong About the Threat to Freedom

Posted: February 5th, 2010 | Author: admin | Filed under: Politics, Uncategorized, freedom of speech, gay rights, religion | Tags: , , , , , , , , , , | No Comments »

And so is Jonathan Sacks:

When Christians, Jews and others feel that the ideology of human rights is threatening their freedoms of association and religious practice, a tension is set in motion that is not healthy for society, freedom or Britain. Rather than regard the Pope’s remarks as an inappropriate intervention, we should use them to launch an honest debate on where to draw the line between our freedom as individuals and our freedom as members of communities of faith. One should not be purchased at the cost of the other.

It’s the same logic which Lillian Ladele and others have tried to justify, but he masks it in the language of human rights. But look how he misuses it:

We all have an interest in freedom, the freedom to act differently from others. Indeed, at the core of human rights is a religious proposition: that we are all, regardless of colour, creed or culture, in the image of God.

No. At the core of human rights is a proposition that we’re all equally deserving of fundamental dignity and rights. It’s a secular argument, which presumes that we’re all entitled to the same treatment before civil law, which in turn should protect those things equally for everyone, and under all circumstances. So when he suggests that human rights threaten freedom of religion he’s operating under an entirely false premise. Human rights don’t threaten the right to religious association, but they do presume that no organisation or association has the right to discriminate against people for being gay. And religion is far from fundamentally predicated on the right to discriminate, which Ratzinger clearly believes to be the case. The government ultimately remains short sighted in having allowed this clash to happen, and to continue. Having equality legislation which equates inherent characteristics such as age  or gender with the imagined quality of belief makes a mockery of equality. Human rights are not about justifying discrimination or legitimising bigotry.

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Gene Robinson & Rachel Maddow Discuss Uganda

Posted: February 5th, 2010 | Author: admin | Filed under: Politics, gay rights, religion | Tags: , , , , , , , , | No Comments »

Visit msnbc.com for breaking news, world news, and news about the economy

(via Towleroad)

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Parliamentary Human Rights Committee vs Digital Economy Bill

Posted: February 5th, 2010 | Author: admin | Filed under: Politics, filesharing, human rights | Tags: , , , , , | No Comments »

From Open Rights Group:

Jim Killock, 05 February 2010

The Joint Committee on Human Rights has released their analysis of the Digital Economy BIll, which has a pretty damning conclusion: we have a the right to a free trial. We must be presumed innocent. An the EU’s ‘internet freedom’ matters.

Read it, get angry, and take action!

Right to fair trial

One serious concern is around the lack of sufficient due judicial process. At the moment the Bill defines a process of appeals with no presumption of innocence. This process will be applied irrespective of the sanction or evidence. Natural justice dictates that the accused must have the opportunity / right to (before any sanction is imposed) a prior hearing decided upon by an independent third party where they are assumed innocent and the onus is on the ‘prosecution’ to prove guilt. In the particular case of disconnection – which is a severe punishment the need for a prior hearing based on an innocence presumption is unquestionably essential (irrespective of whether it is notionally considered a ‘civil offence’ or not).

We think that proposals are inconsistent with intent of the new ‘Internet Freedom’ clause and probably the letter of the clause as well. The text itself says “… measures may only be taken with due respect for the principle of presumption of innocence and the right to privacy. A prior fair and impartial procedure shall be guaranteed”. Mme Reding said yesterday “Effective and timely judicial review is as much guaranteed as a prior, fair and impartial procedure, the presumption of innocence and the right to privacy.” We simply cannot see how any fair reading of this clause could not sensibly conclude that in the case of disconnection a prior hearing based on an innocence presumption is required.

Proportionality

Alongside these concerns is a more general concern about the lack of proportionality in that, where citizen rights are threatened, proportionality requires that the least intrusive means is used to address a problem. The concern with s11 is that the way the reserve powers are cast means that there is no requirement to ensure that the most proportionate route is used or even attempted.

Conclusion

As we detail below the first model is preferable to the second model proposed under clauses 11- 14 of this Bill from the point of view of human rights. That is not to say however that it is not without its problems and difficulties as set out above. A fundamental problem with the whole approach to dealing with illegal file-sharing in the Digital Economy Bill is the difficulty in identifying the actual copyright infringer.However, the first model is clearly a more proportionate approach than the second, which could lead to disconnection and could breach the right to freedom of expression. TalkTalk argue that no technical measure, such as disconnection, should be imposed on an individual without proper and fair due process including a starting presumption of innocence, the need for the rightsholders to prove ‘guilt’ and a process for ensuring that any sanction is proportionate to the particular circumstances. It is morally and legally wrong to impose sanctions without ex ante due process particularly given the unreliability of the evidence used as the basis of the allegations, and the fact that the human rights of many innocent internet users could be detrimentally affected.

Full text

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Film Review: Edge of Darkness (Spoilers)

Posted: February 5th, 2010 | Author: admin | Filed under: films | Tags: , , , , , , , , , | No Comments »

A noir thriller will never operate at the same pace as a standard actioner, but there’s still no excuse for the often meandering pace of director Martin Campbell’s remake of his own 1980’s BBC TV serial. I still haven’t seen the original, but despite some good performances (particularly by Gibson) this version doesn’t work anywhere near as well as the highly acclaimed original is reported to, and oddly it’s largely because of Campbell himself. Gibson returns to the big screen as policeman Tommy Craven, whose daughter (Bojana Novakovic) is shot down in front of him. The police and media believe he was the target, but Craven doesn’t, and is swiftly drawn into a conspiracy within the American defence industry. Will he meet his daughter’s fate or will hitman-cum-mysterious-ally Ray Winstone help him to reveal Craven’s boss’ (Danny Huston) activities to the world?

Campbell tries almost too hard to rise above a script (by William Monahan and Andrew Bovell) which is mystifyingly pedestrian, given the source material. Gibson does his best, but his role is under-written, and he often has to labour through overly talky sequences which have no dramatic energy whatsoever, other than through his still potent charisma. Even more mystifyingly are the direction and editing, which on more than one occasion are little more than amateurish. It feels like there are different elements constantly pushing against each other, and it makes a worthy production often uncomfortable and reduces its impact. Gibson though has no problem emoting as the policeman haunted by his dead daughter, already looking in real life far older than his years. But although you feel anything can happen around him (the manic Lethal Weapon energy is far from gone), there’s no dramatic tension to the story he’s acting in. It’s a missed opportunity by a director with such energy-bursting triumphs as ‘Goldeneye’ and ‘Casino Royale’.

The conspiracy is never adequately fleshed out, although its real-world murkiness is a nice touch. The links between Blackwater, the Bush Administration, the CIA and other organisations have long been known but have been very difficult (if not impossible) to prove, and ‘Edge of Darkness’ is fully aware of that, in ways ‘State of Play’ was not. If its noir elements had been put together a bit more competently (and the sickly ending avoided completely), and a little more political conviction been shown, this might have been a truly exciting return for the much missed Mel Gibson the actor. As it is it’s a mildly enjoyable diversion, which promises more than it delivers.

6/10

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David Cameron Offers No Change At All

Posted: February 5th, 2010 | Author: admin | Filed under: Politics, constitutional reform | Tags: , , , , , | No Comments »

Putative new Prime Minister David Cameron wants the electorate to think he offers Obama-style change (and look what happened there). Thoroughly disillusioned with New Labour, desperate for the change which Blair and Brown never delivered, the polls show the electorate thinks ‘Dave’’s probably better choice;  they’re not quite sure but they’re going to take the risk because he offers something genuinely new. They’re wrong:

After thirteen years of government, at least twelve in dedicated opposition to electoral reform, and just ninety days before a general election, he’s [Brown] suddenly decided to change the voting system.

But leave aside the cynicism of this move. Is it the right thing to do? I emphatically believe it’s not.

One of the things that works in our current system is that a general election gives people the power to get rid of tired, useless and divided governments like the one we have today.
The truth is that people don’t want a new voting system – they want a new politics.

They want change across our entire political system – the way it’s run, the people who run it, where power lies, and how much it costs.

That’s why next Tuesday, instead of Labour’s fiddling with the voting system, we will table an amendment cutting the size of the House of Commons and the cost of politics.

We will call for a ten per cent reduction in the number of MPs. And we will call for a change in the boundary commission with a view to levelling up the size of all our constituencies so that every vote weighs the same.

Cutting the cost and size of the House of Commons will address the symptoms of what has gone wrong in our politics, but we need to address the causes too.

People are fed up of feeling that Parliament is a powerless poodle, that politicians cannot change things, and that power is always being drained away from them.

Of course there are a number of arguments he’s making, whilst attempting to conflate them into one. People are fed up with the centralisation of politics, from the increasingly insidious database state through to the inefficient centralised control of the public services, people are indeed fed up that power is being drained away from them. Parliament is supposed to be the instrument through which the people have their say, yet the executive under Blair (and no less so under Brown) has become almighty – still prepared to sidestep the parliamentary process, still eager to put through Extradition Acts without a vote, and still eager to rig control of select committees. Who needs oversight after all, when you know you’re right? I’ll look at that in another blog post later today.

But Cameron’s argument is also self-serving – he suggests the failures of the political system are technocratic – save a little money here, cut the number of MPs there, manage the Commons a little better. It makes sense for him not to investigate the system’s failings too much when ultimate power is in his reach, but he wilfully ignores the fact that the voting system is unrepresentative of the people’s wishes. Merely cutting the cost and size of the Commons won’t address the fundamental problem of first-past-the-post drawing the wrong people in, and forcing them because of electoral arithmetic to ignore the wishes of the majority, instead catering only to a small number of floating voters in marginal constituencies. Making the intake into the Commons more representative must be the first of a number of steps to reengage the political system with the electorate – people realise that being able to change governments every 4-5 years isn’t enough, that there’s no other way to hold MPs to account, and that MPs in ’safe’ seats needn’t invariably worry about their jobs at all; why should anyone other than their supporters bother to vote in such constituencies anyway? A genuinely proportional system would address this democratic deficit, and despite the normal complaints about countries such as Italy showing PR doesn’t work, the truth is for every Italy we have a Germany, which successfully absorbed a failed state without either the system falling apart or even significant social unrest.

Would a more proportional system allow the BNP into Westminster? Sure, probably. But if those are the wishes of the majority then that’s fine. We’ve seen throughout the world too though that when extremists enter a democratically elected lower house in a stable system with checks, balances and a free media, that they invariably fall away; Germany’s proven that too. So Nick Griffin would become an MP – so what? The number of Green MPs would impress everyone, and provide the backbone for healthy coalition governments of the future. That would change the entire tone of British politics, and how they’re conducted – that’s real change. Would AV+ address this current democratic deficit? In the first instance probably not, but pulling off AV+ would show the electorate that changing the voting system wouldn’t bring the damnation and ruin which Cameron and others have suggested. It may not be a talking point on doorsteps, but that’s never how progressive politics should be run. Our leaders must voluntarily relinquish power back to the people in order to stop the slide which has begun under New Labour. Cameron does appreciate this, but isn’t prepared to put his money where his mouth is for half the argument.

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Only Idiots Assume!

Posted: February 3rd, 2010 | Author: admin | Filed under: Politics, civil liberties, culture, surveillance society | Tags: , , , , , , , , | No Comments »

The Dark Lord Peter Mandelson’s Digital Economy Bill, through allowing households to be disconnected from the Internet without any judicial say, would severely undermine the rule of law in this country. Other elements of the Bill would allow Mandelson and his successors to give police-level enforcement powers to any individual or organisation they choose, and to block any websites they choose at any time, in secret, and without having to give a reason – censorship the likes of which would make a Chinese Communist Party official squirm with delight. The Don’t Disconnect Us campaign has run a contest to produce a viral protest against this authoritarian nonsense. The winning entry is below:


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David Cameron’s Ignorance on Human Rights

Posted: February 1st, 2010 | Author: admin | Filed under: Politics, human rights | Tags: , , , , , , , , , | No Comments »

Some people say there’s no reason to worry about the Tories and their threat to repeal the Human Rights Act. After all they aren’t considering pulling out of the European Convention on Human Rights (which would be a grave development indeed), so surely it’s just a reformulation of rights and responsibilities, the likes of which Jack Straw is already considering? It seems their threat is downright dangerous:

Here’s what he told the Politics Show:

The moment a burglar steps over your threshold, and invades your property, with all the threat that gives to you, your family and your livelihood, I think they leave their human rights outside.

Shadow home secretary Chris Grayling has previously denied that a Tory government would provide householders with a “licence to kill” but Cameron’s words appear to promise just that.

The principled case against this position is that it would, in theory, allow householders to murder and torture burglars and thus endorse mob rule. The pragmatic case against it is that it could actually increase the danger to the public. As Jenni Russell recently argued in the Sunday Times, burglars who are aware that any break-in could result in their death are far more likely to come armed with guns or knives and be prepared to use them first.

It is simply dishonest for large sections of the right to continue to claim that the existing law does not provide individuals with a decent right to self-defence. It recognises that householders may, in extremis, use what appears to be excessive force. More sensible application of the current law (Munir Hussain should have received a suspended sentence), rather than a dangerous new law is needed.

In declaring that burglars “leave their human rights outside” Cameron, a supposedly “liberal conservative”, has adopted the language of the demagogue and the populist. He should retract his comments immediately.

He should indeed. The whole point about human rights is that they are universally applicable to all people at all times, under all circumstances. It’s an ominous sign that the likely next PM doesn’t just not believe in the rule of law, but doesn’t even comprehend human rights. Articles 1-3 of the Universal Declaration of Human Rights reinforce their universal applicability, and it makes you wonder what Cameron wants to replace the Human Rights Act with. A Prime Minister who wilfully conflates rights under domestic criminal law with universal human rights would be a dangerous man indeed.

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Standing Up for Photographers

Posted: January 31st, 2010 | Author: admin | Filed under: civil liberties, photography, protest, surveillance society | Tags: , , , , , , , , | No Comments »


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So Why Isn’t the Labour Government Listening?

Posted: January 31st, 2010 | Author: admin | Filed under: Politics | Tags: , | No Comments »

So yesterday I went to former London Mayor Ken Livingstone’s Progressive London 2010 conference – a gathering very similar to last year’s Convention on Modern Liberty, only it was overwhelmingly geared towards the Left. By Left of course I mean the Labour Party, not New Labour or the Labour government, and it was the schism between the party and the government which made the conference interesting. Why isn’t the Labour government listening to progressive voters, activists or party members? It’s a good question, and one which was thrown into sharp relief by Harriet Harman, who refused to answer any direct question posed to her, and instead preferred to Tory bash. Why not slap down the surveillance state? Why not apologise for Iraq (again)? Why not offer a progressive agenda for a fourth term in office? She angrily refused to do any of those things, insisting that change took a long time. Maybe that’s true but it entirely ignores the electoral cycle, and the bitter irony of the challenge posed by David Cameron – they chose to steal the Tories’ clothes in 1997, so what’s to stop Dave doing it back? It worked then, and is appearing to work now – so what if we’re hoodwinked now, we allowed ourselves to be hoodwinked freely by Blair.

Some excellent ideas came from the panels – standing up for the 50% tax bracket, and initiating a green ‘New Deal’ to invest our way out of the recession in a way which would transform the economy as it needs to be, rather than relying on the slash & burn economics which are currently decimating the Irish economy. Ed Miliband (and my tip for next leader), whilst not offering grand gestures which might make his current boss look even weaker than he currently is, did seem to understand that before such a New Deal could be initiated he had to engage personally with voters to explain why it’s even needed. It was the only example to come from the government in acknowledgemen that they needed to reengage with an electorate which knows full well it’s been thoroughly ignored. Ken asked why a council house building programme hasn’t materialised, Mehdi Hasan asked why the financial sector hadn’t been reformed, but even then there were notable absences. What of the surveillance state (let’s not forget Ken Livingstone still stands squarely behind Sir Ian Blair’s defence of Jean Charles de Menezes’ murder)? What of young people in politics – why are younger voters engaging in activist politics but not party politics? These things just never came up.

Ken did his thing and was (perhaps justifiably) campaigning to regain his job at City Hall in two years time, but I’m not sure he heeded the other call which came out from the conference. Progressives have an annoying tendency to talk amongst themselves, to miss the very simple needs and wishes of the majority of voters. Bonnie Greer got it and got a standing ovation in doing so. This government on the other hand remains so craven that it still insists on arguing against right wing talking points rather than forcing the Right to dance to its tune. There are writers and activists out there who appear to know just how to pitch what needs to be done – Joss Garman said we had to get our own green economy in gear before preaching to developing countries how they needed to do the same. Eugenie Harvey realised engagement could come with a very small ‘ask’ of a very large number of people; Britain couldn’t be less broken. Mehdi Hasan saw clearly how people were angry with bankers and corporate finance, and how action needed to be taken to break the system up, rather than resorting to a hollow ‘class war’ electoral strategy.

So why isn’t the government listening? I left the conference with mixed feelings and few answers. Neoliberalism isn’t going anywhere – the banking system is being reinforced to retain the pact John Kampfner refers to in ‘Freedom for Sale’. The Tories and New Labour clique realise full well there’s power to be had through pushing market deregulation and a surveillance agenda. Ed Miliband though, despite his inaction in the Vestas affair last year, appears to be a candidate to push progressive politics through a future Labour opposition and possibly a future government. A green ‘New Deal’ would indeed be a new politics, which the majority of all voters are calling out for, and he knows (thanks to Darren Johnson) that he has to start talking in honest, straightforward terms about simple issues in order to get the mess his party is in corrected. But where does he stand on constitutional reform? I don’t know. Will he and others like him get derailed by the old guard like Harman? I don’t know. Peter Mandelson’s insidious Digital Economy Bill is continuing not to be argued against. There is no clarion call to wipe out the ISA. Noone seems to have noticed ID cards are still being pursued by stealth, and Mehdi Hasan’s call to abandon economic neoliberalism was barely noticed. The Left has the ideas but it’s hardly united. If it coalesced around a green economy, with a rollback of the surveillance state, and promised to tackle bread and butter issues like closing the gap between rich and poor (high pay commission anyone?), whilst working towards fairness in the economy then it might have a chance in May. We can only hope Dave isn’t in power for too long, and that the Kampfner pact reaches its tipping point soon.

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One MP to Kill Constitutional Reform?

Posted: January 28th, 2010 | Author: admin | Filed under: Politics, constitutional reform | Tags: , , , , , | No Comments »

The closer we get to the general election, the further the government is buying its head in the sand. After paying lip service to electoral reform, following the expenses scandal, with vague promises of a referendum on AV+ after the election, they seem to think the public has their eye off the ball on the other, equally vital changes needed:

Proposals for reform were drawn up by a cross-party committee set up on the instruction of Gordon Brown at the height of the expenses scandal, who said changes were needed to restore trust in politics.

The committee, chaired by the Labour MP Tony Wright, recommended electing select committee chairmen and members and a new committee to decide non-government business.

Ms Harman has been lukewarm about the proposals since they were published last year, suggesting that they can only be implemented on the basis of “unanimity”. Now members of the committee have been told that the Government is preparing to allow a debate on February 23 and a vote on the proposals. The Government has decided to table an “unamendable order” — which will mean that an objection from a single MP will prevent any of the measures from being introduced. This is almost certain to happen since there is a hardcore minority against the proposals.

The Government denies blocking reform but Labour sources believe that Nick Brown, the Chief Whip, is leading the opposition to the plans and has persuaded Ms Harman to join him.

Now clearly suicidal, they’re chasing one another off the proverbial cliff. It’s worth remembering just how vital some of the rest of these reforms are – the Iraq War and other abuses under New Labour didn’t happen just because of the government’s wishes. The executive wasn’t constrained by the Commons – they’re all institutionally complicit in the war, extraordinary rendition, the Extradition Act, torture, you name it. To then walk away from genuine reform would be the biggest abuse of all.

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Nick Griffin…You Cunt

Posted: January 27th, 2010 | Author: admin | Filed under: Politics, anti-Nazism | Tags: , , , , , , , , | No Comments »

Northwest England MEP and BNP racist Nick Griffin on the aid effort for Haiti:

Mr Griffin, MEP for North West England, responded with another Twitter post, saying: “Individuals should give whatever they feel appropriate, but Britain is bankrupt. Fifty thousands pensioners will die… of cold this winter.

“Boys get blown to bits because we can’t afford to armour their Land Rovers…. Sending aid to rioting ingrates while our own people die is stinking elite hypocrisy.”

Asked about Mr Griffin’s comments, BNP deputy leader Simon Darby criticised the government’s £6m contribution to the aid effort in Haiti.

He said: “I’d rather see that £6m that we spent keeping our own people alive. You look after your own first.

“If they’ve got surplus money to give away to Haiti – how many people have died because we didn’t have the infrastructure to grit the roads?”

Support the effort to prevent this scumbag from entering the Westminster parliament – click here.

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Wanted: Tony Blair for war crimes.

Posted: January 26th, 2010 | Author: admin | Filed under: Politics | Tags: , , , , , | No Comments »

by George Monbiot – The Guardian

The only question that counts is the one that the Chilcot inquiry won’t address: was the war with Iraq illegal? If the answer is yes, everything changes. The war is no longer a political matter, but a criminal one, and those who commissioned it should be committed for trial for what the Nuremberg tribunal called “the supreme international crime”: the crime of aggression.

But there’s a problem with official inquiries in the United Kingdom: the government appoints their members and sets their terms of reference. It’s the equivalent of a criminal suspect being allowed to choose what the charges should be, who should judge his case and who should sit on the jury. As a senior judge told the Guardian in November: “Looking into the legality of the war is the last thing the government wants. And actually, it’s the last thing the opposition wants either because they voted for the war. There simply is not the political pressure to explore the question of legality – they have not asked because they don’t want the answer.”

Others have explored it, however. Two weeks ago a Dutch inquiry, led by a former supreme court judge, found that the invasion had “no sound mandate in international law”. Last month Lord Steyn, a former law lord, said that “in the absence of a second UN resolution authorising invasion, it was illegal“. In November Lord Bingham, the former lord chief justice, stated that, without the blessing of the UN, the Iraq war was “a serious violation of international law and the rule of law“.

Under the United Nations charter, two conditions must be met before a war can legally be waged. The parties to a dispute must first “seek a solution by negotiation” (article 33). They can take up arms without an explicit mandate from the UN security council only “if an armed attack occurs against [them]” (article 51). Neither of these conditions applied. The US and UK governments rejected Iraq’s attempts to negotiate. At one point the US state department even announced that it would “go into thwart mode” to prevent the Iraqis from resuming talks on weapons inspection (all references are on my website). Iraq had launched no armed attack against either nation.

We also know that the UK government was aware that the war it intended to launch was illegal. In March 2002, the Cabinet Office explained that “a legal justification for invasion would be needed. Subject to law officers’ advice, none currently exists.” In July 2002, Lord Goldsmith, the attorney general, told the prime minister that there were only “three possible legal bases” for launching a war – “self-defence, ­humanitarian intervention, or UNSC [security council] authorisation. The first and second could not be the base in this case.” Bush and Blair later failed to obtain security council authorisation.

As the resignation letter on the eve of the war from Elizabeth Wilmshurst, then deputy legal adviser to the ­Foreign Office, revealed, her office had ­”consistently” advised that an ­invasion would be unlawful without a new UN resolution. She explained that “an unlawful use of force on such a scale amounts to the crime of aggression”. Both Wilmshurst and her former boss, Sir Michael Wood, will testify before the Chilcot inquiry tomorrow. Expect fireworks.

Without legal justification, the war with Iraq was an act of mass murder: those who died were unlawfully killed by the people who commissioned it. Crimes of aggression (also known as crimes against peace) are defined by the Nuremberg principles as “planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties”. They have been recognised in international law since 1945. The Rome statute, which established the international criminal court (ICC) and which was ratified by Blair’s government in 2001, provides for the court to “exercise jurisdiction over the crime of aggression”, once it has decided how the crime should be defined and prosecuted.

There are two problems. The first is that neither the government nor the opposition has any interest in pursuing these crimes, for the obvious reason that in doing so they would expose themselves to prosecution. The second is that the required legal mechanisms don’t yet exist. The governments that ratified the Rome statute have been filibustering furiously to delay the point at which the crime can be prosecuted by the ICC: after eight years of discussions, the necessary provision still has not been adopted.

Some countries, mostly in eastern Europe and central Asia, have incorporated the crime of aggression into their own laws, though it is not yet clear which of them would be willing to try a foreign national for acts committed abroad. In the UK, where it remains ­illegal to wear an offensive T-shirt, you cannot yet be prosecuted for mass ­murder commissioned overseas.

All those who believe in justice should campaign for their governments to stop messing about and allow the international criminal court to start prosecuting the crime of aggression. We should also press for its adoption into national law. But I believe that the people of this nation, who re-elected a government that had launched an illegal war, have a duty to do more than that. We must show that we have not, as Blair requested, “moved on” from Iraq, that we are not prepared to allow his crime to remain unpunished, or to allow future leaders to believe that they can safely repeat it.

But how? As I found when I tried to apprehend John Bolton, one of the architects of the war in George Bush’s government, at the Hay festival in 2008, and as Peter Tatchell found when he tried to detain Robert Mugabe, nothing focuses attention on these issues more than an attempted citizen’s arrest. In October I mooted the idea of a bounty to which the public could contribute, ­payable to anyone who tried to arrest Tony Blair if he became president of the European Union. He didn’t of course, but I asked those who had pledged money whether we should go ahead anyway. The response was overwhelmingly positive.

So today I am launching a website – www.arrestblair.org – whose purpose is to raise money as a reward for people attempting a peaceful citizen’s arrest of the former prime minister. I have put up the first £100, and I encourage you to match it. Anyone meeting the rules I’ve laid down will be entitled to one quarter of the total pot: the bounties will remain available until Blair faces a court of law. The higher the ­reward, the greater the number of ­people who are likely to try.

At this stage the arrests will be largely symbolic, though they are likely to have great political resonance. But I hope that as pressure builds up and the crime of aggression is adopted by the courts, these attempts will help to press ­governments to prosecute. There must be no hiding place for those who have committed crimes against peace. No ­civilised country can allow mass ­murderers to move on.

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Ken Livingstone on Progressive London 2010

Posted: January 26th, 2010 | Author: admin | Filed under: Politics | Tags: , , | No Comments »

Darren Johnson, Jean Lambert, Ken Livingstone, Johann Hari, Bonnie Greer, Seumas Milne, Jon Cruddas…all meeting this Saturday for the 2010 Progressive London conference. If you’re interested in progressive politics and what they can offer London, you should book here.

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