When the House of Commons acted as a Court of Justice

In October 1656 James Naylor travelled to Bristol in company with seven Friends, including Martha Simmonds. The group travelled in procession through Glastonbury and Wells and entered Bristol on 24 October. Nayler went on horseback while his companions sang hosannas and cast garments before him in what many regarded as a blasphemous imitation of Christ's entry into Jerusalem on Palm Sunday. The Bristol Quakers immediately disassociated themselves from Nayler and his followers, who were arrested and charged under the Blasphemy Act of 1650. Although Nayler maintained it was a symbolic act, he was accused of impersonating Christ and claiming divine status. The case came to the attention of the Second Protectorate Parliament. Despite legal doubts regarding Parliament's authority to conduct a trial, Nayler was taken to London to answer to the House of Commons. Many MPs were suspicious of the religious freedom granted under the Protectorate and regarded Nayler's case as an example of the worst excesses of toleration. In December 1656, a majority declared him guilty of blasphemy and a fierce debate ensued regarding the extent of his punishment, with some MPs demanding that he should be stoned to death in accordance with the Old Testament penalty for blasphemy (Leviticus 24:16). Despite Cromwell's call for leniency, Nayler was sentenced to be whipped through the streets, exposed in the pillory, have his tongue bored through with a red-hot iron and to have the letter "B" for blasphemer branded on his forehead. He was then returned to Bristol and made to repeat his ride in reverse while facing the rear of his horse. Finally, he was taken back to London and committed to solitary confinement in Bridewell for an indefinite period. 


With some journalists being held in contempt of Parliament and demands for the House of Commons to punish them will they get the same justice as James Naylor?


For further information see http://www.british-civil-wars.co.uk/biog/nayler.htm 

I told you so - 47 years ago

The following article was published in the Chelsea Young Conservative’s magazine “Force” in Autumn 1965:

The Common Market

Economic Disadvantages

By John Strafford

Although entry into the E.E.C. would bring benefits to Britain (i.e. membership of a major world market that is rapidly expanding) the economic advantages would be outweighed by the following disadvantages:
1. Loss of national sovereignty.   Britain would not retain sufficient economic freedom to counter – for example – any excessive depression or deflation affecting a leading member of the community.
2. Commonwealth producers who rely on tariff-free entry into Britain and receive preferential treatment for their products would suffer.   Commonwealth trade is a two-way affair – no less than 40% of British trade is done with Commonwealth Countries.
3. The British system of support for agriculture could not survive entry into the market; the adoption of the European system would increase the average level of food prices.
4. Immigration of low paid workers under the free movement of labour scheme could lead to a reduction in the standard of living;
5. The inevitable liquidation of E.F.T.A. would mean a loss of trade.
Economically (and also politically) entry into the Common Market on the terms proposed would be national suicide.   France prevented Britain’s entry into the Common Market last time she applied for membership, so does the Common Market really want Britain?

It was all so predictable!

Did you know these little bits of history?

In George Washington's days, there were no cameras. One's image was
 either sculpted or painted. Some paintings of George Washington showed
him standing behind a desk with one arm behind his back while others
showed both legs and both arms. Prices charged by painters were not
based on how many people were to be painted, but by how many limbs
 were to be painted. Arms and legs are 'limbs,' therefore painting them
would cost the buyer more. Hence the expression, 'Okay, but it'll cost
you an arm and a leg.' (Artists know hands and arms are more difficult
 to paint)
*******
As incredible as it sounds, men and women took baths only twice a year
(May and October) Women kept their hair covered, while men shaved
their heads (because of lice and bugs) and wore wigs. Wealthy men
 could afford good wigs made from wool. They couldn't wash the wigs, so
to clean them they would carve out a loaf of bread, put the wig in the
shell, and bake it for 30 minutes. The heat would make the wig big and
 fluffy, hence the term 'big wig.' Today we often use the term 'here
comes the Big Wig' because someone appears to be or is powerful and
wealthy.
*******
In the late 1700's, many houses consisted of a large room with only
 one chair. Commonly, a long wide board folded down from the wall, and
was used for dining. The 'head of the household' always sat in the
chair while everyone else ate sitting on the floor. Occasionally a
 guest, who was usually a man, would be invited to sit in this chair
during a meal. To sit in the chair meant you were important and in
charge. They called the one sitting in the chair the 'chair man.'
Today in business, we use the expression or title 'Chairman' or
 'Chairman of the Board..'
*******
Personal hygiene left much room for improvement. As a result, many
women and men had developed acne scars by adulthood. The women would
spread bee's wax over their facial skin to smooth out their
 complexions. When they were speaking to each other, if a woman began
to stare at another woman's face she was told, 'mind your own bee's
wax.' Should the woman smile, the wax would crack, hence the term
 'crack a smile'. In addition, when they sat too close to the fire, the
wax would melt . . . Therefore, the expression 'losing face.'
*******
Ladies wore corsets, which would lace up in the front. A proper and
 dignified woman, as in 'straight laced'. . Wore a tightly tied lace.
*******
Common entertainment included playing cards. However, there was a tax
levied when purchasing playing cards but only applicable to the 'Ace
 of Spades.' To avoid paying the tax, people would purchase 51 cards
instead. Yet, since most games require 52 cards, these people were
thought to be stupid or dumb because they weren't 'playing with a full
 deck.'
*******
Early politicians required feedback from the public to determine what
the people considered important. Since there were no telephones, TV's
or radios, the politicians sent their assistants to local taverns,
 pubs, and bars. They were told to 'go sip some ale' and listen to
people's conversations and political concerns.. Many assistants were
dispatched at different times. 'You go sip here' and 'You go sip
 there.' The two words 'go sip' were eventually combined when referring
to the local opinion and, thus we have the term 'gossip.'
*******
At local taverns, pubs, and bars, people drank from pint and
 quart-sized containers. A bar maid's job was to keep an eye on the
customers and keep the drinks coming. She had to pay close attention
and remember who was drinking in 'pints' and who was drinking in
 'quarts,' hence the term minding your 'P's and 'Q's
*******
One more and betting you didn't know this!
In the heyday of sailing ships, all war ships and many freighters
carried iron cannons. Those cannons fired round iron cannon balls. It
 was necessary to keep a good supply near the cannon. However, how to
prevent them from rolling about the deck? The best storage method
devised was a square-based pyramid with one ball on top, resting on
four resting on nine, which rested on sixteen. Thus, a supply of 30
 cannon balls could be stacked in a small area right next to the
cannon. There was only one problem...how to prevent the bottom layer
from sliding or rolling from under the others. The solution was a
metal plate called a 'Monkey' with 16 round indentations.
However, if this plate were made of iron, the iron balls would quickly
rust to it. The solution to the rusting problem was to make 'Brass
Monkeys.' Few landlubbers realize that brass contracts much more and
 much faster than iron when chilled.
Consequently, when the temperature dropped too far, the brass
indentations would shrink so much that the iron cannonballs would come
right off the monkey. Thus, it was quite literally, 'Cold enough to
 freeze the balls off a brass monkey.' (All this time, you thought that
was an improper expression, didn't you.)

European Parliament Elections - scrap the "Closed Lists"

Members of the European Parliament in Great Britain are elected using the closed list form of proportional representation (Northern Ireland has used the Single Transferable Vote since 1979).
There is nothing voters can do in a closed list system to pass individual judgement on MEPs they support or oppose.   In most regions the top candidates of Conservative, Labour, Liberal Democrat and UKIP were more or less guaranteed election.   Even without fully anticipating the UKIP surge in the 2004 election, it was possible to identify 50 out of the 75 MEPs before a vote was cast.
Closed lists tend to reflect internal party preoccupations rather than the priorities of the electorate.   Because of the large size of each region, they tend to reward fame over ability to a greater extent than with selections for Commons constituencies.   Even when the parties use one member one vote, as they did for selecting candidates for the 2004 European Parliamentary elections, this would not be transparent to voters only to party activists.   Closed lists risk increasing party patronage and are less accountable and open to scrutiny.    Those chosen are accountable to the party rather than the electorate.
Northern Ireland used the Single Transferable Vote system of election to elect its three MEPs.   Turnout in Northern Ireland has been higher than in Great Britain in every European election since they began in 1979.   The Northern Ireland election showed significant advantages over closed lists in that voters chose between candidates and could be confident that their vote would not be wasted, either because their favourite candidate was elected easily or by backing a candidate who turned out to have little support in which case their second vote would count.
The proof of the pudding is in the eating.   The turnout in the elections for the European Parliament in 1999 was 23.1% in Great Britain as against 57.7% in Northern Ireland.   The difference was not so great in 2004 being 38.2% against 51.7% but remember in Great Britain the local and European elections were held on the same day and postal voting was brought in on a massive scale.   It is time we had the same basis of election throughout the United Kingdom and that basis should be the Single Transferable Vote.
       The European parliament electoral system can be improved without losing its advantages.   Open lists and STV would both allow greater choice for voters, and STV would be much fairer to candidates without support from a major Party.   STV would be a better system for future European elections.
The present system of closed lists for the European parliament elections should be abolished.   It should be replaced by a STV system of election where each constituency elects three MEPs.

A Conservative Philosophy

Inherent in and at the core of the Conservative Party’s philosophy is a belief in:

An economy based on:
• Free markets and trade
• Private ownership and enterprise
• Monetary and fiscal probity
• Gainful employment
• Minimum intervention by the State
• Low taxation

A society based on:
• Patriotism and duty
• Reciprocal rights and responsibilities
• Respect for law and order
• Equal educational opportunities

This philosophy:
• Accommodates the view that each human being is an individual, answerable to and for him or herself and also a responsible citizen of the community
• Allows that there are bound to be social and economic inequalities in life and that the strong have a duty to help the weak and encourage them to help themselves
• Leads to policies that are justified by common-sense rather than doctrinaire theory

Objectives
A philosophy is more a statement of belief in the nature of things than one of intent or action which, respectively, are the foundations of strategy and policy.   The perceived aim of the Conservative Party is to build a democratic society that is both prosperous and at ease with itself.   To achieve this aim the following objectives must be pursued by the Party:
• Maintain itself as a national organisation supported by a broad section of the population from all walks of life
• Uphold the rule of law and order and the concept of equality of all before the law
• Create favourable conditions for the creation of wealth and thereby to sustain high levels of employment and living standards
• Promote free enterprise, maximise choice and minimise regulation
• Provide or enable the provision of high quality services in fields where the State must provide them
• Control public expenditure within a balanced budget and with low levels of taxation
• A foreign policy which is conducive to our National interest.
• Ensure the integrity and security of the realm

European Commissioners

        The European Commission can only be dismissed en-bloc by the European Parliament and when allegations of fraud arose the entire Commission under Jaques Santer resigned, although many Commissioners were re-appointed under Romano Prodi.
The European Parliament also has the right to oppose the appointment of the Commission en-bloc.   It did this in 2004.   The effect of all this is that individual Commissioners are unaccountable and the exercise of their rights by the European Parliament, are rarely used.
The European Parliament should have the right to dismiss individual Commissioners. 

European Commission

The European Commission has a peculiarly privileged position in that it has the right to propose new legal initiatives – and once adopted, European law trumps national sovereignty.   This has enabled a strange kind of bureaucratic vanguardism to emerge, with the Commission self-consciously extending the reach of European integration free from the standard political oversight at the national level.
In their glass boxes the commissions, committees and sub – committees play an absurd billion-euro bridge game.   All are entirely without democratic legitimisation: those who had power had not been elected, and those who had been elected had no power.
The European Commission should be the civil service of Europe not a quasi government.   By it having the  right to propose new legal initiatives it sets the agenda for the direction it wishes Europe to move.   New initiatives should emerge from the Council of Ministers or the European Parliament.   The Commission should be there to serve the peoples of Europe, not to govern them.
The European Commission should no longer have the power to propose legal initiatives.   Either the Council of Ministers or the European Parliament should propose them.

Don't make old people mad!

Checking out at the store, the young cashier suggested to the older woman that she should  bring her own shopping bags because plastic bags weren't good for the environment. The woman apologized and explained, "We didn't have this green thing back in my earlier days."
The cashier responded, "That's our problem today. Your generation did not care enough to save our environment for future generations."
She was right -- our generation didn't have the green thing in its day. Back then, we returned milk bottles, pop bottles and beer bottles to the store. The store sent them back to the plant to be washed and sterilized and refilled, so it could use the same bottles over and over. So they really were recycled. We refilled writing pens with ink instead of buying a new pen, and we replaced the razor blades in a razor instead of throwing away the whole razor just because the blade got dull.
But we didn't have the green thing back in our day. We walked up stairs, because we didn't have an escalator in every shop and office building. We walked to the grocery store and didn't climb into a 300-horsepower machine every time we had to go two blocks.
But she was right. We didn't have the green thing in our day.
Back then, we washed the baby's nappies because we didn't have the throw-away kind. We dried clothes on a line, not in an energy gobbling machine burning up 220 volts -- wind and solar power really did dry our clothes back in our early days. Kids got hand-me-down clothes from their brothers or sisters, not always brand-new clothing. But that young lady is right. We didn't have the green thing back in our day.
Back then, we had one TV, or radio, in the house -- not a TV in every room. And the TV had a small screen the size of a handkerchief (remember them?), not a screen the size of the county of Yorkshire . In the kitchen, we blended and stirred by hand because we didn't have electric machines to do everything for us. When we packaged a fragile item to send in the post, we used wadded up old newspapers to cushion it, not
Styrofoam or plastic bubble wrap. Back then, we didn't fire up an engine and burn petrol just to cut the lawn. We used a push mower that ran on human power. We exercised by working so we didn't need to go to a health club to run on treadmills that operate on electricity. But she's right. We didn't have the green thing back then.
We drank water from a fountain or a tap when we were thirsty instead of demanding a plastic bottle flown in from another country. We accepted that a lot of food was seasonal and didn't expect that to be bucked by flying it thousands of air miles around the world. We actually cooked food that didn't come out of a packet, tin or plastic wrap and we could even wash our own vegetables and chop our own salad. But we didn't have the green thing back then.
Back then, people took the tram or a bus, and kids rode their bikes to school or walked instead of turning their mothers into a 24-hour taxi service. We had one electrical outlet in a room, not an entire bank of sockets to power a dozen appliances. And we didn't need a computerized gadget to receive a signal beamed from satellites 2,000 miles out in space in order to find the nearest pizza joint.
But isn't it sad the current generation laments how wasteful we old folks were just because we didn't have the green thing back then?
Please forward this on to another selfish old person who needs a lesson in conservation from a smart-ass young person.
Remember: Don't make old people mad. We don't like being old in the first place, so it doesn't take much to piss us off.

European Scrutiny Committee

Before the 2010 General Election the House of Commons European Scrutiny Committee met in secret in spite of the Committee voting for its meetings to be held in public.   David Cameron promised that it would meet in public.  After the General Election it did meet in public, but then it decided that it would meet in private.   The public have a right to know what is going on in their parliament.

The European Scrutiny Committee of the House of Commons should meet in public.

European Council of Ministers

The Council of Ministers meets in secret.   It is totally unacceptable that in a democracy a legislative body should meet secretly

                The European Council of Ministers should meet in public. 

House of Lords Reform - Things you should know

Of the 827 members of the House of Lords 22 have leave of absence, 3 are suspended (problems with expenses), 13 are disqualified as members of the judiciary and 1 is disqualified as an MEP.   Only approximately 130 are active members and these are mainly former politicians who were MPs, Council Leaders, etc.

<There are 92 hereditary Peers. The only other country in the world with a hereditary element in its legislature is Lesotho.

<There are 26 Bishops of the Church of England in the House of Lords.   They are all male. The Church of Scotland, The Church of Wales and the Church of Ireland are unrepresented as are all other faiths. There are only three other "democratic" countries in the World that have a theocratic element in their legislature. They are Iran, Israel and soon Syria.

<Just because you are an expert in say Human Fertilisation (Lord Winston) does not mean that you are more qualified than anyone else to legislate on defence, education, foreign affairs etc.

<79 Peers did not attend a single session of the House of Lords last year.

<When Tony Blair ceased to be Prime Minister over half the members of the House of Lords had been appointed by one man – Tony Blair.

<Other than the People’s Congress of China the House of Lords is the largest legislative body in the World.

<61 other countries have an elected second chamber.

<5 Peers with criminal convictions are members of the House of Lords – some are even in prison now.

<9 members of the House of Lords have never made a speech including Lady Falkender who was made a Peer in 1976

<Lord Heseltine has yet to make his maiden speech although he has been a member of the Lords for 11 years

<Divisions in the Lords tend to be decided not on the merit of an issue but by the timing of a vote, since independent cross benchers go home in the evenings.

<The Lords receive £300 per day attendance allowance – tax free.

<The Appointments Commission appoints on average 4 independent members to the House of Lords each year.   All other appointments are party political.

European Council of Ministers

The Council of Ministers is probably the most powerful body in the European Union and yet in practise it is the executive, rather than our own Parliament which interfaces with the EU in legislating in the Council of Ministers, and the executive rather than Parliament then makes regulations to transpose the directives into national laws.   Parliament’s involvement should be strengthened:

                There should be a legal obligation for Ministers to obtain parliamentary approval before exercising the United Kingdom’s vote in the Council of Ministers of the European Union.

                This is done in some other member states such as Denmark and Sweden

House of Lords - Constitutional Reform

               

                A directly elected House of Lords should have the power to block major constitutional reform unless that reform has been put to the people either at a General Election or in a referendum.

Elect the House of Lords

 It is unacceptable in a democracy that a key part of the legislature is not elected.   In 2007 the House of Commons passed a resolution calling for 80% of the House of Lords to be elected.   Only then would it be able to claim independence from the House of Commons.   Were this to happen there would be a real debate on what powers the House of Lords should have.  These powers would have to spell out what would happen if, on occasion the two democratically elected Houses could not agree.      On financial matters the House of Commons would remain supreme.

               

  The people should directly elect the House of Lords.

House of Lords - Expulsion of Peers

Peerage titles cannot be withdrawn except by Act of Parliament, but during the First World War many members of the German Royal family held British titles and fought against the British.   In 1917 Parliament passed The Titles Deprivation Act, which allowed the King to establish a committee of the Privy Council.  The committee was empowered to take evidence and report the names of British peers who served in an enemy military force, or rendered assistance to or voluntarily resided in an enemy nation.   The report would then be laid before both Houses of Parliament.   If neither House passed a motion disapproving of the report within forty days, it was to be submitted to the King, whereupon the persons named therein would lose their titles.

 The committee reported their findings to the King in August 1918 and on March 28^th 1919 the King issued an Order-in-Council depriving the following of their titles: Duke of Albany (Queen Victoria’s grandson), Duke of Cumberland, Duke of Brunswick, and Viscount Taaffe.

                The successor of a person thus deprived of a peerage is allowed to petition the Crown for its restoration; the petition is to be referred to a committee of the Privy Council, which may recommend whether the petitioner be reinstated or not. To date, no descendant of the persons who were deprived of their titles has petitioned the Crown for the restoration of their title.

                Members of the House of Lords should be subject to the same procedures as members of the House of Commons regarding expulsion from the House.

At present there is no procedure in place for such disciplinary proceedings to take place.   This is wrong.

Statutory Instruments - should they be amended?

Statutory instruments are regulations, orders or rules, which have the force of law.   They are made by a Minister, or sometimes by some other committee or body, in accordance with powers granted by an Act of Parliament.   Many Acts confer powers to make statutory instruments for purposes specified in the Act.   The powers to make statutory instruments are often very widely defined, and in some cases statutory instruments can even be used to repeal or amend Acts of Parliament: so-called “Henry VIII” powers

The most important and widely drawn “Henry VIII” power is that contained in the European Communities Act 1972, which permits ministers and a range of other bodies to make regulations making “any such provision as may be made by Act of Parliament”.   Regulations under this section can and regularly do repeal or amend Acts of Parliament, and may be made for the purpose of implementing EC obligations or “for the purpose of dealing with matters arising out of or related to any such obligation.”

Almost all the directives emanating from the European Union have to be converted into Statutory Instruments in the United Kingdom.

The key weakness of Statutory Instruments is that while each House can vote down a Statutory Instrument as a whole, there is no power to amend it.   Rejecting the whole instrument is a drastic remedy if the objection is to parts of it.   The fact that they cannot be amended in Parliament is one of the reasons, which at present make them so attractive to the Whitehall machine, and yet scrutiny of these Instruments is essential.   The key reform is:

                Statutory Instruments should be capable of amendment by Parliament.

 

Conflict of interest

In an article in The Guardian on 27 June 2007 Marcel Berlin wrote:

“The office of attorney general contains an inherent inescapable flaw; a potential conflict of interest between the two hats that come with the job….Under one hat, the attorney general is a political animal, appointed by the party in power and owing allegiance to its policies.   He’s also the government’s legal advisor and although not a member of the cabinet, can be invited to attend meetings…Yet the same insider, wearing the other hat, is expected to make decisions over a whole range of issues (especially criminal prosecutions) as an independent lawyer, taking into account the public interest, with no thought of how they would affect government policy or colleagues.”

  This is an untenable position and one way or another, the conflict should be resolved.

Major public appointments

When the political party in power also has a large majority in the House of Commons, the power of the Prime Minister is almost unlimited.   Why should one person be able to exercise so much power?   If Parliament fails to be the centre of democratic legitimacy its main function has been lost.   Only parliamentarians themselves can re-assert this function.   If they fail then the decline of parliament is inevitable.   They could begin to reverse this decline by insisting that the heads of executive agencies and Quangos and many other public bodies should be confirmed in their jobs by parliamentary committees.   Those confirmed should only continue to hold the positions subject to parliamentary approval.

 This is done in many other countries including the United States of America.

                Major public appointments should be confirmed in their jobs by parliamentary committees, and hold them subject to parliamentary approval.

               

Fixed Terms for Prime Minister

Now that we have fixed terms for parliament, perhaps we should consider having a maximum fixed term for the Prime Minister.   Two terms of parliament, i.e ten years should be the maximum.   If this had been in place for Margaret Thatcher she would have avoided her humiliating dismissal.

The Prime Minister should not serve for more than two consecutive parliaments.

The patronage of the Prime Minister

A major fault in our democracy relates to the way we are governed.   Under our constitution our Prime Minister uses the powers of the Royal Prerogative to exercise power.   The House of Commons could and should hold the Prime Minister accountable but continuously fails to do so, perhaps because the Prime Minister exercises great power of patronage.   The Prime Minister appoints the Government Whips.   For MPs, promotion, position, overseas trips, appointments to outside bodies, all, effectively rest in the hand of the Prime Minister.

The powers of the Prime Minister should be set out in writing and where appropriate placed on a statutory footing.