Archive for the 'The Law' Category

Do not get out of jail free

Wednesday, August 30th, 2006

An Iraqi asylum seeker who was cleared yesterday of making a video identifying potential terrorist targets in London faces being issued with a government control order, the Guardian has learned.

Rauf Abdullah Mohammad, 26, sunk his head into his hands as he was found not guilty at Woolwich crown court of four terrorism charges related to making the tape. The crown had alleged the video was a film of “high-profile targets” made to help Islamist terrorists plot and commit an attack on the capital.

But the jury, with their not guilty verdicts, appeared to accept Mr Mohammad’s case that the hour-long film was a souvenir of his time in London […]

So let’s get this straight. The Home Office isn’t even bothering with an appeal but the opinion is that the Home Secretary will be able to dish out ‘punishment’ simply because of government suspicions.

If anyone from the “nothing to hide, nothing to fear” camp can argue their case after this I’d be amazed. Because they are essentially arguing that the whole basis of UK law is worthless and can be bypassed by a politician. Traitors that they are.

More acts of empire

Tuesday, July 18th, 2006

In a sharp escalation of their crackdown on Internet gambling, United States prosecutors said yesterday that they were pressing charges against the chief executive of BetOnSports, a prominent Internet gambling company that is publicly traded in Britain, and against several other current and former company officers.

Federal authorities arrested the chief executive, David Carruthers, late Sunday as he was on layover at Dallas-Fort Worth International Airport on his way from Britain to Costa Rica. In a hearing yesterday in Federal District Court in Fort Worth, he was charged with racketeering conspiracy for participating in an illegal gambling enterprise.

Also at the hearing, the court granted the government’s request for a temporary restraining order preventing BetOnSports from accepting wagers from customers in the United States and requiring it to return money held in the accounts of American customers.

In addition to Mr. Carruthers, the government filed charges against 10 other people involved with BetOnSports and with three Florida marketing companies that prosecutors say were involved in promoting illegal gambling.

The charges, particularly those against Mr. Carruthers, who runs a company that has been a symbol of the investment potential of offshore casinos, raise complex legal and political questions. And they are the most direct attack in several years on offshore Internet casinos, setting up a showdown with an industry that has grown increasingly brazen in promoting online wagering in the United States.

The gambling sites allow people to place bets on sporting events and play casino games like blackjack from their computers. The companies keep their computer servers in places like the Isle of Man, Antigua and Costa Rica, where BetOnSports has its operating headquarters. […]

Prosecutors assert that under the Federal Wire Act of 1961, the providers and promoters of Internet sports books and casinos are participants in a criminal enterprise.

The fact that these operations are legal in their home jurisdictions “does not entitle them to do business in the United States,” said Catherine L. Hanaway, the United States attorney for the Eastern District of Missouri, which brought the indictment. The charges announced yesterday indicate that “their efforts to avoid U.S. law enforcement will be challenged and brought to justice whenever possible.”

In addition to Mr. Carruthers, prosecutors brought charges against Peter Wilson, BetOnSports’s media director; Gary Kaplan, the company’s founder; and several of Mr. Kaplan’s relatives, whom the indictment alleges were involved in the business. The indictment was returned June 1 but was sealed until yesterday. […]

The indictment seeks to have the accused forfeit $4.5 billion in holdings. […]

Ms. Hanaway, the United States attorney in Missouri, said the arrest happened during this visit because “it’s when we knew he was coming.” Asked whether it presented a challenge to prosecutors that Mr. Carruthers is not an American citizen, Ms. Hanaway said, “Thus far, no.” […]

Sue Schneider, publisher of Interactive Gaming News, an online magazine focusing on the Internet casino industry, said the charges would have at least one major chilling effect on the industry’s officers. “I imagine the number of executives coming through the U.S. on connecting flights will come to a screeching halt,” she said. […]

New York Times

My emphasis.

Firstly and OT, they probably knew he was passing through the US because the airlines are giving people’s itinearys to the feds on a regular basis.

Secondly, this is all wrong. BetOnSports is a 100% legal operation. It is not incorporated in the US, does not have any servers in the US and is in no way a US legal entity. Its owner is not a US person. It is however, on the internet, and las time I checked, the US does not own the internet, so why they think they can arrest the owner of this business is arrogance beyond comprehension.

If someone in Spokane wants to connect to BetOnSports with their browser, that is THEIR business, and it is not correct that the US government should arrest people from other countries who are going about their lawful business. If they want to stop internet gambling, then they should do what China does and block sites. Then of course, they would face a Supreme Court challenge, and they dont want that, so they take the easy route of arresting an innocent person. Shameful behaviour.

If the tables were turned, all americans would be OUTRAGED if one of their citizens was arressted while ‘on layover’ through Germany because he published texts in the USA that are illegal in Germany.

This situation is no different. Jurisdiction is a real and necessary thing, so that people in different places with different moral standards can live in peace. america is violating this rule by arresting people who are not breaking the laws in their own countries. All business men, if they have any brains at all are avoiding the US like a plague.

We can add this example to the one of the NatWest Three who have just been extradited without any basis at all, for crimes committed in the UK that have nothing to do with the US.

UPDATE

Read the PDF of the actual indictment, which says that they took over ONE BILLION dollars in bets, and that they BetOnSports must forfeit 4.5 BILLION dollars!

Now, what on EARTH was Carruthers doing on a commercial airline flight if they have as much money as this indictment alleges? Anyone with that much turnover flies private aviation by default.

I smell some inflated figures!

The New Labour Racist Agenda Uncloaked

Sunday, July 16th, 2006

Police DNA database ‘is spiralling out of control’

Secret emails show private firms store genetic data from innocent victims

Antony Barnett, investigations editor Sunday July 16, 2006 The Observer

The security of the police National DNA Database is in question following the disclosure of confidential emails which reveal that a private firm has secretly been keeping the genetic samples and personal details of hundreds of thousands of arrested people. Police forces use the company LGC to analyse DNA samples taken from people they arrest. LGC then supplies the information to the National DNA Database. Yet rather than destroy this afterwards, the firm has kept copies, together with highly personal demographic details of the individuals including their names, ages, skin colour and addresses.

In a separate twist, evidence has emerged that the Home Office has given permission for a controversial genetic study to be undertaken using the DNA samples on the police database to see if it is possible to predict a suspect’s ethnic background or skin colour from them. Permission has been given for the DNA being collected on the police database to be used in 20 research studies […]

The Home Office emailed LGC with its concerns: ‘From a [DNA Database] custodian and Data Protection Act perspective, it is important that there are no demographics linked to these retained profiles. Otherwise, suppliers would be building up subsets of the National DNA Database.’ The company admits that is has been doing this. It states: ‘All the information is on [our system]. We do in effect have a mini-database.’ One of LGC’s directors is Lord Stevens, the former Metropolitan Police Commissioner, and it has several contracts with companies in the pharmaceutical, biotech and chemicals industry. Although there is no evidence that the firm has used the DNA records for other commercial purposes, opposition MPs are calling for the Home Office to launch an investigation. Lynne Featherstone, the home affairs spokesman for the Liberal Democrats, said: ‘This might be more cock-up than conspiracy, but the Home Office must investigate whether DNA taken from thousands of innocent people has not been abused.’ […]
The genetic research is being carried out by Jon Wetton of the Forensic Science Service. An FSS spokesperson said the aim of the research was to reduce the time taken to identify a suspect .’ […]

http://observer.guardian.co.uk/politics/story/0,,1821749,00.html

My emphasis.

At last, we see the results of the DNA database, and government databases in general as they reveal their true natures; Racist tools of absolute control.

Not only has this data been illegally and imorally retained by the contractor that was doing the work, but a secret, Nazi style race experiment was ORDERED by the Fascist Bliar government.

At any other time between the end of world war two and the end of the twentieth century, any politician involved in such a disgusting, immoral and wrong project would instantly resign and then be aressted, but today, they simply get away with it.

All you sheeple, you morons, you Facist Facilitators, you Upstream Warmongers™ THIS IS ALL YOUR FAULT.

You can see from the link to Jon Wetton’s name above that he is publishing his research:

Inferring the population of origin of DNA evidence within the UK by allele-specific hybridization of Y-SNPs.

Wetton JH, Tsang KW, Khan H.

The Forensic Science Service, R&D, Trident Court 2960, Solihull Parkway, Birmingham Business Park, Solihull B37 7YN, UK. jon.wetton@fss.pnn.police.uk

Marked differences in Y-SNP allele frequencies between continental populations can be used to predict the biogeographic origin of a man’s ancestral paternal lineage. Using 627 samples collected from individuals within the UK with pale-skinned Caucasian, dark-skinned Caucasian, African/Caribbean, South Asian, East Asian or Middle Eastern appearance we demonstrate that an individual’s Y-SNP haplogroup is also strongly correlated with their physical appearance. Furthermore, experimental evaluation of the Marligen Signet Y-SNP kit in conjunction with the Luminex 100 detection instrument indicates that reliable and reproducible haplogrouping results can be obtained from 1 ng or more of target template derived from a variety of forensic evidence types including, blood, saliva and post-coital vaginal swabs. The test proved highly male-specific with reliable results being generated in the presence of a 1000-fold excess of female DNA, and no anomalous results were observed during degradation studies despite a gradual loss of typable loci. Hence, Y-SNP haplogrouping has considerable potential forensic utility in predicting likely ethnic appearance.

Now, if this research has come from the immorally stolen DNA of the British public, then anyone who works with this data has comitted a crime. Scientists are morally obligated not to use the results of work done on people without their consent. If PubMed have published this immoral work, then they are culpable. Anyone who derives anything from this work is also culpable.

This article is being sold for Thirty Dollars. Anyone who is selling this document, if it is tainted, is culpable.

As for Lord Stevens, it should come as no surprise to anyone that the ex Metropolitan Police Commissioner “…the most successful Commissioner in modern times” is the head of the private company that won the contract to fleece the British people of their DNA for their racist, immoral, unpardonable, unspeakable, hideous, Mengeloid madness. That is the least surprising aspect of the whole sordid affiar.

According to this article it costs between $100-150 to get a DNA profile done. That means that with three MILLION profiles on file, they have charged at least THREE HUNDRED MILLION DOLLARS for this ‘service’, and now that ANY OFFENCE is arrestable, it means that MILLIONS MORE people will be DNA swabbed at this same price. That my friends, is what we call a licence to print money.

It’s all bad business. Note finally that the enemies of the people the members of parliament call only for another toothless investigation and not the wholesale destruction of the databases.
DIE DIE DIE you animals!

Klingon Bat’leth confiscated by Police as ‘Deadly Weapon’

Wednesday, July 12th, 2006

Klingon Batleth

Police confiscated a Klingon Bat’leth in a raid on a house in Gloucestershire. It was subsequently used by them to promote the nationwide knife amnesty that was taking place in the UK last month.

Is it REALLY possible that not a single police officer in Gloucestershire has never seen Star Trek TNG?

Is it REALLY possible that not a single journalist that was spreading this story has never seen Star Trek TNG, and did not point out to the police that …. using a Bat’leth to promote a knife amnesty is … very funny.

This piece comes from HELLO magazine.

Please do not ask me what I was doing reading it.

Never peek at undisclosed info on Free energy

Saturday, July 8th, 2006

The Home Secretary John Reid has ruled that Gary McKinnon can be extradited to the USA.
This decision comes despite the large number of people who have personally written to the Home Secretary on behalf of Gary. The next stage in the legal process is an Appeal to the High Court.

Oh and Lucile gave one of the most discerning comment

My god, it’s full of stars!

Thursday, June 29th, 2006

Policeman at Westminster

Control orders are part of the anti-terrorism effort

The UK faces an emerging constitutional crisis after a judge quashed a key plank of the government’s anti-terror laws, a leading Labour MP has said. John Denham, chairman of the Commons home affairs committee, said judges were engaged in a battle with the elected Parliament.

It comes after the High Court said control orders, used to restrain terror suspects, broke human rights laws.

Ministers will challenge the ruling in the Court of Appeal next week.[…]

Home Office Minister Tony McNulty said the government would try to overturn the ruling in the Court of Appeal.

“We do really seriously feel that the interest of public safety far outweighs the rights of particular individuals who are incredibly dangerous but there’s not that evidential base there.” […]

We watched Sin City recently, and I am reminded of something from that film, a quote from ‘Senator Raorke’: Power comes from lying. Lying big, and gettin’ the whole damn world to play along with you. Once you got everybody agreeing with what they know in their hearts ain’t true, you’ve got ’em by the balls.

At least some of our judges are doing what they can.
Someone clever said:
‘Don’t concentrate on the finger, or you will miss all the heavenly glory!’

Sub Sub anyone?

Grundgesetzt macht frei!

Thursday, May 25th, 2006

On 22 May the German Constitutional Court has declared illegal under the German Constitution the practice of screening data across several private and public databases in order to find potential terrorists (“sleepers”). Several federal states will now have to change their police laws. The decision does not make data screening (“Rasterfahndung”, literally: “grid investigation”, usual transliterations: “dragnet investigation” or “data trawl”) completely illegal, but binds it to very narrow conditions. The measure is still legal for investigations in specific criminal cases, as it was used against the left-wing guerrilla RAF in the 1970s, when the “Rasterfahndung” was invented. But for crime prevention purposes, it can only be done in the presence a concrete danger for the lives or liberties of persons or for the existence of the Federal Republic of Germany or a federal state (Land). This requires factual indicators for an imminent attack. A general threat condition or foreign tensions like after 9/11 2001 are not sufficient.

The future UK Bill of Rights will similarly protect the population against State-sponsored data trawling, of course it will in fact go further than the German Constitution as the Bill of Rights will only contain attestations of our Rights and not the rug pulling of their Constitution.

Even so you can see that a Constitution that protects peoples rights ‘works’ when the State isn’t allowed to disregard it into oblivion (c.f. USA)

As their website seems to be unresponsive I shall blockquoth the rest for you below (at least read the very last line.), incidentally there is another article about German Greens are questioning the legality of the EU directive on mandatory retention of communications traffic data, you should subscribe!

subscribe by e-mail
To: edri-news-request@edri.org
Subject: subscribe.

The Federal Police Agency (Bundeskriminalamt) had coordinated such screenings, in cooperation with the state-level police authorities after the terrorist attacks of 11 September 2001. Universities, private companies, private security firms, public transport institutions, facility providers, municipal authorities, and the Federal Register of Foreign Residents were required to submit comprehensive information they had on anybody matching a set of criteria (male, aged between 18 and 40, student or former student, country of origin mainly Muslim) to the state police agencies. The latter did a screening run for matches across the different submitted databases that combined included more than 8 million people. The 31 988 hits were stored in a central file called “sleepers” and again screened by the Federal Police Agency against a database that included up to 300 000 persons who held a pilot license, were supposed to be dangerous, or matched some other criteria. The remaining several thousand persons (matches) was manually reviewed by the state police agencies. The whole exercise did not lead to a single terrorist suspect or prosecution.

The plaintiff, a Morrocan citizen who studied in Germany in 2001, argued that his right for informational self-determination was breached, that the screening was an especially severe breach of fundamental rights because it took place unbeknownst to the people affected, that it was not proportionate because of the lack of factual indicators for an imminent terrorist attack in Germany, and that the criteria were discriminating him and fellow Muslims on the basis of religion. The lower courts had overturned his arguments.

The official data protection commissioners, the opposition parties Greens, Liberals and Socialists, and civil liberties groups applauded the court decision and demanded an immediate stop of plans for similar measures like communications traffic data retention, license-plate screening, or the creation of new investigative powers for the Federal Police Agency for the prevention of crimes. A spokesperson of the federal Ministry of the Interior said that in international terrorism, there was only a thin line between a general and a concrete threat condition, making it difficult to apply the decision. The Bavarian Minister of the Interior, Günther Beckstein, called the decision “a black day for the effective fight against terrorism in Germany.” The association of student representatives, which had supported the plaintiff, demanded a “personal apology” from the responsible authorities for the illegal and unconstitutional discrimination of foreign and Muslim students in Germany.

Up to eleven federal states will now have to change their police laws and criminal procedures acts. The decision will also have an impact on the discussion about the legality of mandatory communications data retention in Germany. The Constitutional Court explicitly re-emphasised in the reasons given for the judgement the “strict prohibition, beyond statistical purposes, of the storage of personally identifiable data on stock.” (“auf Vorrat”). “Vorratsdatenspeicherung” – literally: “data storage on stock” – is the German term for data retention.

Hot air and no trousers

Monday, May 15th, 2006

The title of this evening’s lecture is “Human Rights Under Attack” and 2005 is a particularly appropriate vantage point from which to view this topic.

[…]

But, of course, 2005 also marks 5 years since the Human Rights Act came into force. One of the most important pieces of constitutional legislation that any Government has introduced, It remains one of the government’s proudest achievements.

Yet if we are so proud of our record on human rights why, some of you will ask, why have we sought to distance ourselves from the Human Rights Act? Why have we not done more to push forward the new rights and the settlement it envisages?

And if we are so proud of our record on human rights why do we not do more to defend it from its critics, from reactionary voices like the Daily Mail which wrote last weekend of:

” Lottery money given to prostitutes but not the Samaritans… Gypsies allowed to breach planning laws… Human rights madness is destroying common sense, decency and democracy itself”

And why, some of you may ask, if we are so proud of our record on human rights, do we seem through our response to the threat of terrorism so intent on undermining the very human rights culture we were instrumental in bringing about?

I have not come here to dodge these accusations, as serious and uncomfortable as they are. We need to tackle them head on – and I will before this night is out.

We’ve heard all this so many times, I know, but it is easy to forget just how important this legislation was. Recall what the then Home Secretary, Jack Straw, said at the Bill ‘s second reading. He said:

” This is the first major Bill on human rights for more than 300 years. It will strengthen representative and democratic government. It does so by enabling citizens to challenge more easily actions of the state if they fail to match the standards set by the European convention. The Bill will thus create a new and better relationship between the Government and the people.”

[…]

Critically, these rights are for everybody. Nobody is more entitled to them than anybody else. They do not depend on popularity, or on background, or social class, or place of birth. You have only to be in this country to qualify for human rights protection under the Act. To add other qualifications is to claim that one person is more human than another – something akin to the evils we fought in the Second World War and fight against today.

[…]


David Lammey
in 2005.

Of course you know why I post this, and they can only get away with this talk because the Human Rights Act is a bureaucratic concoction which tells the people what rights the State is prepared to uphold on their behalf. How quaint. A true Bill of Rights (as suggested by my Right Honourable Fellow) would be an attestation of rights by the people telling the State what its remit and duties to the people are. No Statesman worthy of the name would dare try to undo that sort of Bill.

Putting a stop to it.

Wednesday, April 26th, 2006

Our political system is based on the assumption that there are always checks and balances to prevent unbalanced legislation becoming law. […]

“What you don’t seem to understand is that we are good people!” […]

Guardian

Assumption is the mother of all fuckups.

What is clear is that the British need their own written bill of rights and written constitution, so that there are no assumptions, no unwritten rules and no ambiguities about what your rights are and what your elected servants are able to do. The gentleman’s agreement is broken because there are no gentlemen in parliament.
These much needed documents will provide a clear substrate against which all laws can be tested. Should the Constitutional test fail, a new law cannot come into force. Should a new law violate the Bill of Rights, the law is dead in the water.

The author of that piece fails to come to the conclusion that this is needed, and has failed to take the next step after that; the actual drafting of those documents that are so very badly needed.

It is clear that any such document should be crafted in a way that restricts government to street cleaning and maintenance. It should also make impossible any dilution or transfer of powers of the union. Those are just for starters.
Seeing as we are all focussed on the ID card debacle, lets begin with a first draft of the section asserting our rights with regards to our data:

Wheras in the age before flowing information we could live without explicitly naming certain rights that are inherent to life, the free people of this country are now compelled by the inexorable momentum of the digital age to assert with all moral authority, our rights for this new centrury and beyond.

Mankind is born with rights. These rights exist wether they are written down and understood or not. No person would argue that the rights of man before language were different to the rights of man at the time of Magna Carta, and so too, the rights of man in the information era, being incomprehensible to the men of earlier centuries, are no less existant in absentia of someone with the capability to grasp them.

It is with these thoughts in mind that we write down and categorically assert our rights, which are in addition to those rights already described by the great men of centuries past.

Man has the right to:

anonymity
privacy
travel without surveillance
travel without identification
be unidentified
transact without interference
transact by any currency or means
communicate in secret
associate without interference
study without interference

We assert also that:

The details of the life of a man are his real property.

The body of man is sacrosanct. No one shall be compelled to injest anything against his will, and all men have the right to injest what they will.

No man shall be the servant of a state without his explicit consent.

No man shall suffer any law or regulation that infringes these natural rights. Any law or regulation that infringes these rights is void on its face, and we claim and assert forever our moral justification, absolute right and power to reject and disobey any such law or regulation.


That is how you do it. You actually do it instead of talking about it. You gather millions of people who can be convinced that this is correct, and then you assert your rights.

Note also that each of these rights is asserted cleanly; in other words, we do not, as is seen in the German Constitution, assert a right in one sentence and then apply conditions that make the right null and void in the next sentence. Rights are not conditional. It is possible to construct a Bill of Rights and a Constitution that protects everyone’s rights without qualification, but which also prevents one person from causing harm to another. For instance, you have the right to travel. This is an absolute right. If someone blocks a road in a protest, they are able to be removed forcibly from the road because they are blocking people excersising their right to travel. In this way it is possible to maintain order with a set of laws without constructing this root document in a way that renders it stillborn in an attempt to cater for the requirements of law enforcement.

What we need to do now is to complete these documents using the above guidelines. We then need to take the next step, which is to prune the existing legislation of the UK, removing all offensive and illiberal laws. We do this by writing down a list of laws that are to be removed from the statutes at the next election on an emergency basis.

We will charge the conservatives with this task since that is the easiest route; should they balk or refuse, we will create our own party with this sole agenda. If we win the same number of votes that Bliar did to gain power, we will consider ourselvs the winners, and then assert our rights. Parliament would be nullified and our new government put in place by default; a government created by the electorate and obedient only to the electorate.

This means that there will be a time where there are two sets of laws and populations running concurrently in the UK. The one made up of free men obeying the clean set of laws where all bad legislation has been excised, and asserting their rights under the new Bill of Rights and Constitution, and the ‘losers’ who adhere to the Orwellian Police State – the ‘I have nothing to hide’ brigade who have personally pulled the chain that threatened to flush this great country down the toilet.

There may be some conflict.

After we win, and with the new checks and balances in place, it will be impossible for any subsequent government to create an elected dictatorship, as has been done in the UK. All new law will pass through the cleansing filters of the Constituion and the Bill of Rights, and will come out the other end innofensive and effective.

People are slowly coming to the same conclusion; a Bill of Rights and written Constitution are essential if we are to permanently secure our freedom whilst maintaining the present system of democracy, in a repaired form.

Other groups have banded together to write down a set of principles by which they hope to assert themselvs. These documents fail because they do not address the root causes of the problem, offer no permanent solution to it and are often verbose and off target.

What I have written today is crystal clear. It addresses the root problem, and provides a clear and permanent solution to it. Anything less is a total waste of our time.

And we have little of it.

If we do not address and permanently fix these problems right now, the next generation of Britons will grow up not being able to imagine (for example) a UK without ID cards. They will be like the corn-fed Spanish, who whenever they are confronted about that issue, say to a man, “but I have had one since I was born and I don’t feel that it is a bad thing”. It will then be nigh on impossible to return to a true Britain of free people, because no one will know what the phrase ‘free people’ means. They will all be inured to slavery, to being routinely surveilled and made to present ID for every concievable reason.

It will not be like it was in the days of the Soviet Union, where that long suffering population desired freedom because they saw that there were countries where, for example, there was no internal passport. Where you could write whatever you wanted without fear of arrest. Where you could walk with your own cash money in your own pocket without fear of having it confiscated simply for the ‘crime ‘of posessing it. Everywhere in the world will operate on this Autoritarian / ID / Surveillance basis; there will be no example of a free country where everything works without Orwellian control to point to.

All will have been lost.

And to all those nincompoops who say things like ‘go read Magna Carta’, any document that cannot prevent the emergence of a police state is worthless. It is actually less than worthless and dangerous if by its existance it stops people understanding that they have no protection against madmen in office. Still others say, “look at America – they have a constitution and look what is happening there”. So, just because one country is dismantling their democracy, Britain should not take measures to strengthen its own? These sorts of arguments are not even worthy of debate; trying to counter them is like arguing about what sort of nozzle should be placed on a fire hose as your house burns down. This is a crisis situation, which must be treated with a crisis mentality before there is nothing left but ashes and fond memories.

UK Immigration Requirements for British Citizens

Wednesday, April 12th, 2006

After reading/writing posts on Blogdial about the linking of ID card uptake to passport applications as part of the government’s ‘volutary’ introduction of the NIR, http://irdial.com/blogdial/?p=108 and following, the following thoughts sprang immediately to mind:If I refuse an ID card, I will be unable to get a passport.

If I cannot get a passport, I am for all intents and purposes interned in my own country.

My government cannot deny my travel and/or entry and exit to my own country.

Therefore it follows: passports must not be required for a British citizen to transit UK borders.

Could this last part be true? I had no idea.

So I wrote to Charles Clarke (clarkec@parliament.uk). I have yet to receive a response.

I wrote to the Home Office general enquiries address. I have yet to receive a response.

I wrote to my MP, Hugh Bayley, who is one of the least rebellious members of the Labour party and has consistently voted in favour of the introduction of ID cards.

He is a typical, spineless, mindless, gimp of a career politician.

I wrote to him and he failed to answer my questions. I am a constituent of his. He works for me. I remind him of this fact. It is something to remember. They work for you.

I wrote to the UK Passport Service and asked them what exactly are “the legal requirements for a UK citizen entering and leaving the UK of their own free will.”

They replied:

A person who is a British citizen is not subject to immigration control and is free to enter or leave the United Kingdom without restriction. A British citizen who travels on a passport issued by another country will need to apply for a Certificate of Entitlement to the Right of Abode to be endorsed in his passport to confirm he has unrestricted entry to this country.

I was stunned! What did this mean? As a lay reader I immediately thought, there is NO requirement for a passport! I can come and go as I please!

And if I decide to use a second passport, perhaps Irish, or Canadian, or one obtained as outlined at sites such as http://www.escapeartist.com/passports/passports.htm all I need is a stamp showing I have the Certificate of Entitlement to the Right of Abode. Then I’d be free from having to ever enter the NIR. Right?

Well, obviously I can’t be right. There must be some legal requirements stipulated? Some guidelines as to how I prove I am a British citizen? And the CoERA… will application for this stamp be subject to NIR enrolement?

First, on the requirements, all I can find is actually on the CoERA page…

2. THE RIGHT OF ABODE 2.1 If you have the right of abode in the United Kingdom, this means that you are entirely free from United Kingdom immigration control. You do not need to obtain the permission of an immigration officer to enter the United Kingdom, and you may live and work here without restriction. 2.2 However, you must prove your claim by production of either: a) a passport describing you as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or b) a certificate of entitlement to the right of abode in the United Kingdom issued by or on behalf of the Government of the United Kingdom.

So a UK passport may be required, although the expiry date remains in question: why should a passport allow free travel one day, and not the next, due to an arbitrary 10-year limit? Is even an expired passport proof of British citizenship?

Are other documents also valid? A birth certificate, for example, which is required in order to get a passport! It seems that I would have to wade through: “The law covering the right of abode in the United Kingdom is contained in the Immigration Act 1971, the British Nationality Act 1981 and the regulations made under them.” in order to find the details. But I would like it stated in clear, factual, lay terms by the UKPS or the Home Office, if possible. As for the CoERA stamp, the application at present seems to be postal only. No interview, no data-rape.

To summarise the current situation: I remain confused as to the exact requirements outlined in my communication with UKPS and on their webiste. I have therefore asked for clarification on exactly what this (a British citizen is not subject to immigration control and is free to enter or leave the United Kingdom without restriction) means in practical and legal terms.

The answers to these questions must be found. If you can help, get in touch. If you know the current legal status, get in touch. If you want to prevent the government from closing every loophole and interning British citizens for want of a ‘voluntary’ NIR entry, help us to know the facts as they stand, so that we may exploit this loophole and disempower the NIR.

The Guantlet has been thrown at your feet…

Wednesday, March 29th, 2006

So now there is no choice. You must take a stand. Will you continue to be a free man, or submit to being a numbered citizen?

ID card deadlock comes to an end

A sample ID card

Labour’s manifesto promised ID cards would be voluntary

The battle over the government’s controversial ID Cards Bill has ended after peers accepted a compromise deal.Under the compromise, anyone who renews a passport will have their details put on a national ID database – but will not have to get a card until 2010.

[…]

“The amendment preserves the integrity of the National Identity Register by ensuring that everyone who applies for, or renews a passport or other designated document has their biometric information and other identity details placed on the register,” he [Burn’em] said.

“However, it also goes towards meeting the concerns of those who have argued that the card itself should not be compulsory at this stage by allowing those who apply for or renew their passport before 1 January 2010 to ‘opt out’ of being issued the ID card itself, even though their identity details will be entered on to the register.”

[…]

Do you see yet? The Lords, for all their worthy bluster, cannot prevent ID cards when the government agrees to abide by the exact wording of their manifesto. A card will not be compulsory, but you will still be tagged.

You know what to do. You have been told.

Anti-war protesters lose appeals

Wednesday, March 29th, 2006
Law lords have ruled against 20 anti-war campaigners who claimed they were right to take action aimed at preventing the Iraq war.

The group had asked if a valid defence was available to peace activists who allegedly broke the law to prevent an even greater “crime of aggression”.

The case centres on action taken near Southampton docks, and at RAF Fairford in the run up to the war in 2003.

The five law lords unanimously dismissed the appeals.

‘Not a crime in domestic law’

Fourteen of the group, known as the Marchwood 14, are Greenpeace volunteers who say they should not have been convicted of aggravated trespass near Southampton docks because they were trying to stop an “illegal war”.

The same argument was also offered by five people who entered RAF Fairford in Gloucestershire and allegedly tried to immobilise American B52 bombers which were later involved in “shock and awe” attacks on Baghdad.

A charge of aggression against an individual in a British court “would involve determination of his responsibility as a leader but would presuppose commission of the crime by his own state or a foreign state”, he said.

This would in turn call for a decision on the “culpability in going to war” of the UK government or a foreign government, or both if they had gone to war as allies.

He argued that the courts would be “very slow” to review the exercise of the government’s prerogative powers in relation to the deployment of the armed services.

He said it was “very relevant” that Parliament had not considered whether the international law crime of aggression should be adopted into British law.

‘Dangerous precedent’

Taking that step “would draw the courts into an area which, in the past, they have entered, if at all, with reluctance”.

Lord Hoffmann said that to allow “the use of force in such cases would be to set a most dangerous precedent”. […]

http://news.bbc.co.uk/1/hi/uk_politics/4855872.stm

Greenpeace have got it totally wrong. You cannot use force against the army to stop them going to war. Its like a mosquito biting an elephant in the hopes that it will stop it trampling a village.

There is no way that they could have imagined that their actions would have stopped the war. If they belived that, they are completely delusional and need to pack up and go home.

Did they really imagine the courts, which are an aparatus of the state, would side with them, when these very same courts are unwilling or unable to prosecute the mass murderer Bliar and the Cabal? Are these people really that naïve?

I have said this before; what Greenpeace, StopWar and all those other 70’s style protest groups need to do is understand the problem, and then deal with it appropriately. Kicking the tyres of a B52 is innapropriate. Gathering togerther 7 million taxpayers and getting them to withdraw their services in a co-ordinated economic attack, now THAT is appropriate.

The astonishing lack of imagination, dearth of oblique thinking, these are the true problems with Greenpeace and all organizations like it. When they have in the palm of their hands, literally millions of people who are willing to work with them to prevent an illegal war, the only thing they can think of is to march away the soles of their shoes on a Saturday, waste paper by sending out pointless status reports instead of doing what they need to do; dismantle the war machine at source; the taxpayer.

†Those idiots at StopWar are at it again:

Protests outside BBC studios nationwide

Tuesday 4th April at lunchtime

The Stop the War Coalition is calling for protests outside BBC studios and offices accross the country, at lunchtime on Tuesday 4th April.

This is to respond to the BBC’s failure to cover the huge troops home demonstration on March 18 on national news and also to protest the general pro-government bias of much of their reporting on the war.

We are asking groups to organise protests at every BBC office. We will be leafletting the offices with a copy of a letter addressed to Mark Thompson. […]

http://www.stopwar.org.uk/new/beebdemo.htm

I have some words for StopWar.

  1. BBQ is a wholley owned arm of the state. Get used to it.
  2. No matter what BBQ says or transmits, the venal government of mass murderers will not pay it any heed, even if it shows exactly what you desire.
  3. It’s the internet STUPID. You can reach all the people of this country by using the internet; forget BBQ as a way to reach into the minds of the people – we have a new, frinctionless tool to use that works brilliantly, if you are creative, honest, and have somehting worthwhile to offer to people in the first place.
  4. For the nth time; DEMONSTRATING IS TEH STUPID
  5. GO AWAY AND THINK ABOUT IT YOU MORONS.

Teacher wins police DNA battle???

Thursday, March 23rd, 2006

A teacher accused of hitting a child with a ruler, but never prosecuted, has won a legal battle to have her DNA sample and fingerprints destroyed.

Philippa Jones, from Birmingham, was arrested in June last year following allegations she hit a boy aged eight.

The High Court said her DNA sample, fingerprints and photograph should have been destroyed within 28 days.

She will also receive £250 damages from West Midlands Police for false imprisonment and assault.


http://news.bbc.co.uk/

What the question now is: Have they been destroyed and who can verify that they have?

I’m under no illusions about the police will have, in all probability, retained this womans fingerprints and DNA on their database despite her ‘victory’ in the courts. In situations like this, who is independent of the Police and has the authority to actually check the PNC that this womans records have been destroyed?

The Final Powergrab: the power to make law at will

Thursday, March 23rd, 2006

What’s The Problem?

The boringly-named Legislative and Regulatory Reform Bill is in fact a very dangerous piece of legislation. It grants any minister the ability to amend, replace, or repeal existing legislation. The frightening thing is this: they would be able to make major changes to the law without Parliament being able to examine it properly, taking away the ability of Parliament to meaningfully represent the citizens of this country.

Limitations

The only limitations are that the changes may not:

  • impose new taxes,
  • create new criminal offenses with a sentence of more than 2 years, or
  • authorise forced entry, search or seizure, or compel the giving of evidence.

This means that if a minister got up in a bad mood, he could decide to make laughing in public punishable by 2 years in prison by amending the Serious Organised Crime Act. Or if he was late to work, he could arbitrarily do away with speed limits by amending the Road Traffic Act.

More worryingly, the minister involved can amend any existing legislation; nothing is protected. So, as was pointed out in The Times by 6 law professors from Cambridge, a minister could abolish trial by jury, suspend habeas corpus (your right not to be arbitrarily arrested), or change any of the legislation governing the legal system.

That’s 700 years of democracy and the rule of law, thrown away in a heartbeat. What’s left of the Magna Carta, the foundation of just about all modern democracies, would be finally gone, and our Parliament, which has influenced democratic systems all over the world, would just be a footnote in history.

What Is It For?

Ministers claim that the bill is needed to allow them to cut down on red tape, to help eliminate unnecessary regulation and bureaucracy without having to go through Parliament, thus speeding up the whole process and making it more efficient.

However, there is nothing in the bill that restricts it only to that use. It can be used to change any legislation, without exception. Moreover, the government has actually rejected amendments that would have limited the power of the Bill.

Rigorous Safeguards

The government has referred to the protection provided by the “rigorous safeguards” that are built into the bill. However, these are in fact far from rigorous. The only safeguard is that the minister who is making the order should be convinced that:

  1. the policy objective intended to be secured by the provision could not be satisfactorily secured by non-legislative means;
  2. the effect of the provision is proportionate to the policy objective;
  3. the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;
  4. the provision does not remove any necessary protection;
  5. the provision does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.

These are vague at best, and seeing as only the minister involved has to be satisfied with the answers, these safeguards give no protection at all. Even senior government figures have called the safeguards “inadequate”.

Delegation

The Bill also allows ministers to give the power to pass laws to other individuals, who are not necessarily ministers. This delegation means that unelected officials, or even people outside government, could easily end up with the power to make laws that bind us all.

For instance, an order could be passed that allowed police superintendents to retrospectively create new offences, which could be punishable by up to 2 years’ imprisonment. This would make policing “more efficient” as it would avoid losing cases on legal technicalities. The Bill is unclear on whether these delegated orders would have to go before Parliament at all!

We Have Their Word

When presenting the bill, Jim Murphy MP, who seems to have the job of getting this bill passed, said:

I give the House clear undertakings, which I shall repeat in Committee, that the orders will not be used to implement highly controversial reforms.

This is not enough. The current government can promise not to abuse its power all it likes, but can it speak for every government that will exist after it? If the bill should not be used for “controversial reforms”, then that limitation should be written into the bill. As it stands, the bill can modify any existing legislation, without exception.

Do you trust the current government with that kind of power? Even if you do, do you automatically trust every future government with that same power?

Self Modifying

One of the most dangerous aspects of the Bill is that it also applies to itself. This means that even the few safeguards and limitations that are built into the bill could be removed without Parliamentary scrutiny.

Rushed Through

On top of all its problems, the bill is being rushed through Parliament very quickly. This bill has massive significance for the constitution of the UK, and yet Parliament will have only one hour in which to debate it during its third reading.

The bill recently completed its progress through the Committee Stage of the House of Commons without any major changes, so this bill is in serious danger of going all the way without being stopped!

Next: What Can I Do?

http://www.saveparliament.org.uk/problem.html

As I have said before; we are long past the time where we should not have to keep looking over our shoulder because new law is coming over the horizon. In order for this populatoin to be free, legislation needs to be constantly removed from the statues, not added. Parilament should be instructed only to remove legislation, and not to introduce new legislation.

Beard Moustache White Trainers

Tuesday, March 21st, 2006

http://30gms.com/index.php?/permalink/beard_moustache_white_trainers/

This is disgusting. I too have a beard, moustache and wear white trainers. My hair was quite a bit longer up until a month or so ago. But I’ve haven’t been stopped recently. Is it because I have white skin and blue eyes?

The irony is that this guy is working on a site for the Home Office that deals directly with this. I wonder how he can go on working on it with a clear conscience after this has happened to him.

Alberta gets something right for a change

Saturday, March 18th, 2006

Michael Geist reports that the Alberta government has proposed legislation that blocks the US Patriot act:

The Alberta government last week introduced Bill 20, which is designed to stop compelled disclosures of personal information under the USA Patriot Act. The bill creates fines of up to $500,000 for violating provincial laws governing disclosure of records. The fines arise for violation of the following provision:

“A person must not wilfully disclose personal information to which this Act applies pursuant to a subpoena, warrant or order issued or made by a court, person or body having no jurisdiction in Alberta to compel the production of information or pursuant to a rule of court that is not binding in Alberta.”

With B.C. and Alberta leading the way on this issue, the pressure for action at the federal level should continue to grow.

The link to the Bill will provide more detail. This current Alberta government is interesting as it has always had a perplexing stance on privacy laws. While it writes bills to improve privacy and protection of information for every citizen of the province, Premier Klein has also made a new bureaucratic (new as in the last decade) office solely directed towards the purpose of limiting the public’s access to the goings-on of the provincial government (of course it’s not advertised as such but just TRY to get some information Klein doesn’t want you to get). Quite an interesting paradox because that information is NOT private is belongs to every citizen of the province, including myself.

Also interesting about this rather progressive legislation is that on the other hand, the AB Government’s health care legislation is completely REgressive, aiming to replace our public medicare with US-style profit-based health insurance (the talking heads deny this, but we KNOW it to be true).

Off-Topic, last night I saw the movie for “V for Vendetta,” which while being a watered down version of the great graphic novels, is still a good movie by it’s own right (even though Alan Moore’s name doesn’t appear in the credits, and despite a single innapropriate Wachowski-Brothers fight scene). It provides some great extrapolating of the current ID-and-Surveillance madness in Britain, especially a scene in which V uses Evey’s ID-card to commit a crime, thereby implicating her instead. The policemen on the case know that it’s unlikely she did it, but the government goes along with it because it’s not only easier, but they CAN. Don’t TELL me this wouldn’t happen in real life! Another great scenes involves a routine patrol van canvassing a neighborhood at night, listening to every phoneline and coversation they pass, monitoring and logging any cases of sedition or independant thought. That being said, the fascist National Front-esque government portrayed is still a bit soft compared to what WE know they are capable of.

PS: There maybe should be a category for Film?

Sketch on passports

Tuesday, March 14th, 2006

I started to draft this back in the day and ran out of steam:

What is a passport anyway?
It says that to officials of another country that you are afforded legal protection in a foreign country by the country of issue.
In which case the idea of a passport as a prerequisite for travel is unsound (there is no obligation to buy travel insurance when going abroad, so why should one be required to have the ‘insurance’ of the State when going abroad?
Certainly when travelling within the EU where legal frameworks are almost homogenous anyway.)

The truth is that the mass British Passport has always been an identity document:

The modern passport system really began at the time of the First World War, when states began to issue passports as a way of distinguishing their own citizens from those they saw as foreign nationals.

The British Nationality and Status Aliens Act 1914 was part of this process.

—————————-


History of British Nationality Law

The UN charter relating to stateless persons

… The personal status of a stateless person shall be governed by the law of the country of his domicile or, if he has no domicile, by the law of the country of his residence…

…Article 27. – Identity papers

The Contracting States shall issue identity papers to any stateless person in their territory who does not possess a valid travel document.
Article 28. – Travel documents

The Contracting States shall issue to stateless persons lawfully staying in their territory travel documents for the purpose of travel outside their territory, unless compelling reasons of national security or public order otherwise require, and the provisions of the schedule to this Convention shall apply with respect to such documents. The Contracting States may issue such a travel document to any other stateless person in their territory; they shall in particular give sympathetic consideration to the issue of such a travel document to stateless persons in their territory who are unable to obtain a travel document from the country of their lawful residence…