Clearly, the market is open for a party of
liberty.
Light sentences and lax prison discipline are
both expressions of the perfectly well-founded view that large numbers of those
convicted, vastly in excess of the numbers that have always existed at any
given time, are in fact innocent. We need to return to a free country’s minimum
requirements for conviction, above all by reversing the erosion of the right to
silence and of trial by jury, and by repealing the monstrous provisions for
anonymous evidence and for conviction by majority verdict. And we need to
return to proper policing. Then we could and should return to proper
sentencing, and to proper regimes in prison, with no suggestion that prisoners
should have the vote. But only then.
We need to return to preventative policing based
on foot patrols, with budgetary sanctions against recalcitrant Chief
Constables. We need police forces at least no larger than at present, and
subject to local democratic accountability though police authorities composed
predominantly of councillors, not by means of elected sheriffs, which, like
directly elected mayors, have no place in a parliamentary rather than a
presidential res publica, and are wholly incompatible with the defence,
restoration and extension of the powers of jurors, magistrates and
parliamentarians.
We need to restore the pre-1968 committal powers
of the magistracy, restore the pre-1985 prosecution powers of the police, and
restore the network of police stations and police houses placing the police at
the very heart of their communities. We need each offence to carry a minimum
sentence of one third of its maximum sentence, or of 15 years for life. And we
need a single category of illegal drug, with a crackdown on the possession of
drugs, including a mandatory sentence of three months for a second offence, six
months for a third offence, one year for a fourth offence, and so on.
We need to abandon the existing erosion of trial
by jury and of the right to silence, the existing reversals of the burden of
proof, conviction by majority verdict (which, by definition, provides for
conviction even where there is reasonable doubt), the admission of anonymous
evidence other than from undercover police officers, conviction on anonymous evidence
alone, both pre-trial convictions and pre-trial acquittals by the Crown
Prosecution Service, the secrecy of the family courts, the anonymity of adult
accusers in rape cases, identity cards or any thought of them, control orders
or anything like them, police confiscation of assets without a conviction,
stipendiary magistrates, Thatcher’s Police and Criminal Evidence Act, the Civil
Contingencies Act, the Legislative and Regulatory Reform Act, and the Official
Secrets Acts.
We need to raise the minimum age for jurors at
least to 21. We need to extend to the rest of the United Kingdom the successful
Scottish extension of the right to serve on a jury without compromising its
restriction to those with a tangible stake in society. We need to repeal the
provision for “no win, no fee” litigation, while at the same time protecting,
restoring and extending Legal Aid. We need the current judicially imposed
arrangement on privacy to be enacted into the Statute Law, but with the burden
of proof in libel actions placed on the plaintiff.
We must insist on a return to the situation
whereby a Bill which ran out of parliamentary time was lost at the end of that
session. On the restoration of the power of a simple majority of the House of
Commons to require a General Election, whether by rejecting a motion of
confidence or by approving a motion of no confidence. On the restoration of the
supremacy of British over EU law. On the requirement that EU law apply in the
United Kingdom only once it has passed through both Houses of Parliament
exactly as if it had originated in one or other of them. On the requirement of
a resolution of the House of Commons before any ruling of the European Court of
Justice, or of the European Court of Human Rights, or of the Supreme Court, or
pursuant to the Human Rights Act, can have any effect in the United Kingdom. On
the restoration of British overall control of our defence capability. On the
removal of all foreign forces and weapons from British territory, territorial waters
and airspace. On the repeal of one-sided extradition arrangements. And,
especially now that Norman Baker is a Minister, on the coroner’s inquest that
has mysteriously never been held into the death of Dr David Kelly.
There must be an extension to Scotland of the
historic liberties, largely as set out above, which have never applied in that
far more oligarchic country, where middle-class institutions and
upper-middle-class power have been defined as the esse of national
identity, a situation which has been made even worse by devolution’s weakening
of the Labour Movement. While this might have been a factor contributing to the
retention of more rigorous minimum qualifications for jurors in Scotland,
criteria which should be applied nationwide as surely as should be the Scots
Law requirement of corroboration of evidence, nevertheless it means that, while
there is an automatic right to trial by jury for serious offences in Scotland,
the decision on which way to proceed in an ‘each-way’ case lies with the prosecution
rather than with the defence. The police have no power to caution, and they
proceed entirely under the direction of the locally unaccountable Procurator
Fiscal, who does not prosecute unless it is in the public interest to do so,
which it is for the prosecution alone to decide and for which it does not have
to give any explanation. It is extremely difficult to bring a private
prosecution, far in excess of the necessary restrictions on that practice which
rightly exist elsewhere. These profoundly illiberal arrangements must change.
And we need legislation with five simple clauses.
First, the restoration of the supremacy of British over EU law, and its use to
repatriate agricultural policy and to restore our historic fishing rights (200
miles, or to the median line) in accordance with international law. Secondly,
the requirement that, in order to have any effect in the United Kingdom, all EU
law pass through both Houses of Parliament as if it had originated in one or
other of them. Thirdly, the requirement that British Ministers adopt the
show-stopping Empty Chair Policy until such time as the Council of Ministers
meets in public and publishes an Official Report akin to Hansard.
Fourthly, the disapplication in the United Kingdom of any ruling of the European
Court of Justice or of the European Court of Human Rights unless confirmed by a
resolution of the House of Commons, the High Court of Parliament.
And fifthly, the disapplication in the United
Kingdom of anything passed by the European Parliament but not by the majority
of those MEPs certified as politically acceptable by one or more seat-taking
members of the House of Commons. Thus, we would no longer subject to the
legislative will of Stalinists and Trotskyists, neo-Fascists and neo-Nazis, members
of Eastern Europe’s kleptomaniac nomenklatura, neoconservatives such as
now run Germany and until lately ran France, people who believe the Provisional
Army Council to be the sovereign body throughout Ireland, or Dutch
ultra-Calvinists who will not have women candidates. Soon to be joined by
Turkey’s Islamists, secular ultranationalists, and violent Kurdish Marxist
separatists. Any provision for a referendum on EU membership must be only the
sixth clause of what would therefore become this six-clause Bill, the other
five clauses of which would come into effect anyway.
That would be a start, anyway.
Over to the Lib Dems? Hardly! They had been all
ready to vote for yet further secret courts, as proposed by Ken Clarke,
supposedly the last big beast of liberal Toryism, but in fact a man who was
never out of the Thatcher Cabinet, being given responsibility for her flagship
health and education policies by the Prime Minister who also signed the Single
European Act.
Over to the Daily Mail, then? Up to a
point. But you cannot vote for a newspaper.
Rather, Ed Miliband and Jon Cruddas, over to you.
As much as anything else, what would the Daily Mail then say? If not “Vote
Labour”, then why not? All that Blair managed was The Sun, always a
floating voter. Bagging the Daily Mail would put Miliband in a different
league altogether.