BORIS & CO - OUT OUT OUT

The current state of affairs has put a lot of things in perspective. Government in a democracy is about ensuring the survival and continued growth and health, both mental and physical, of the population that elected it and put it in place. The individuals in government are representatives of the people, elected by the people, to co-operate together to look after the day to day business of providing a clean and healthy environment, housing, education, security and the freedoms to enjoy the benefits derived from that clean and healthy environment. These government representatives, with the consent of the governed, ensure the maintenance of the rule of law to maintain its principles of justice, equality and freedoms of religion, speech and movement.

In order to do that, in an everchanging set of circumstances, those representatives produce legislation as required to encourage the continued progress of this multicultural society. Again, it governs as representatives of the people, for the good of the people. The Acts of Government are to promote the welfare of the populace. Legislation is therefore not about keeping the current government in power. It is about serving the public and being true to the responsibilities that go with elected office. When the relationship between the electorate and the elected becomes a situation of us and them, something has gone terribly wrong, and when the legislation produced by the elected is clearly for the benefit of the power of the elected, it is a disaster.

Behind the show of the Government’s handling of the current health crisis for the benefit of all, relying on the science, and the public’s co-operation, to see us through this pandemic, there is something more sinister going on. Current legislation, other than that relating to the pandemic, is not about the public good, but the maintenance of power. The fog of the pandemic has obstructed our view of other equally important matters. Whilst claiming to support freedom of expression and movement, by not imposing lockdowns, and being reluctant to impose difficult measures on travel and contact between individuals, as it contradicts the concept of freedom of movement and expression, this government is putting forward even more dangerous and repressive legislation. It is doing so, solely for the purpose of maintaining its power.

The Police, Crime, Sentencing and Courts Bill at present being viewed in the House of Lords is nothing more than a blue print for repression. The language is tortuous as well as vague in the extreme. Whilst giving the police authority increasing repressive powers, increasing penalties for certain public offences it is also criminalising demonstrations and protest under the heading of “Intentionally or recklessly causing public nuisance”.  It has created an indictable offence with a penalty of up to 10 years imprisonment.

s.61- Intentionally or recklessly causing public nuisance

(1) A person commits an offence if—

(a) the person—

(i) does an act, or

(ii) omits to do an act that they are required to do by any enactment
                  or rule of law,

(b) the person’s act or omission—

(i) causes serious harm to the public or a section of the public, or

(ii) obstructs the public or a section of the public in the exercise or
                  enjoyment of a right that may be exercised or enjoyed by the
                  public at large, and

(c) the person intends that their act or omission will have a consequence
                 mentioned in paragraph (b) or is reckless as to whether it will have such
                 a consequence.

(2) For the purposes of subsection (1) an act or omission causes serious harm to a
                  person if, as a result, the person—

(a) suffers death, personal injury or disease,

(b) suffers loss of, or damage to, property,

(c) suffers serious distress, serious annoyance, serious inconvenience or
                 serious loss of amenity, or

(d) is put at risk of suffering anything mentioned in paragraphs (a) to (c).

(3) It is a defence for a person charged with an offence under subsection (1) to
                  prove that they had a reasonable excuse for the act or omission mentioned in
                  paragraph (a) of that subsection.

(4) A person guilty of an offence under subsection (1) is liable—

                        (a) on summary conviction, to imprisonment for a term not exceeding 12
                             months, to a fine or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding
                 10 years, to a fine or to both.

(5) In relation to an offence committed before the coming into force of paragraph
                  24(2) of Schedule 22 to the Sentencing Act 2020 (increase in magistrates’ court
                  power to impose imprisonment) the reference in subsection (4)(a) to 12 months
                  is to be read as a reference to 6 months.

(6) The common law offence of public nuisance is abolished.

……etc.

There is more concerning imposing conditions on what is referred to as ‘one-person protests’ and so called “unauthorised encampments.”

In addition, under the guise of supposed co-operation between individuals in local government and individuals in the Police Force, the community will be monitored and controlled, with the stated intent of reducing serious violence. 

Duties to collaborate and plan to prevent and reduce serious violence

(1) The specified authorities for a local government area must collaborate with
      each other to prevent and reduce serious violence in the area.

(2) The duty imposed on the specified authorities for a local government area by
      subsection (1) includes a duty to plan together to exercise their functions so as
      to prevent and reduce serious violence in the area.

(3) In particular, the specified authorities for a local government area must—

(a) identify the kinds of serious violence that occur in the area,

(b) identify the causes of serious violence in the area, so far as it is possible
      to do so, and

(c) prepare and implement a strategy for exercising their functions to
     prevent and reduce serious violence in the area.

(4) In preparing a strategy under this section for a local government area, the
      specified authorities for the area must ensure that the following are
      consulted—

            (a) each educational authority for the area;

(b) each prison authority for the area;

(c) each youth custody authority for the area.

(5) A strategy under this section for a local government area may specify an action
      to be carried out by—

            (a) an educational authority for the area,

(b) a prison authority for the area, or

(c) a youth custody authority for the area.

See section 14 for further provision about the duties of such authorities in
relation to such actions.

(6)  In preparing a strategy under this section for a local government area, the
       specified authorities for the area may invite participation from—

(a) in the case of a strategy for a local government area in England, a
     person of a description for the time being prescribed by order of the
     Secretary of State under section 5(3) of the Crime and Disorder Act
     1998;

(b) in the case of a strategy for a local government area in Wales, a person
      of a description for the time being prescribed by order of the Welsh
      Ministers under section 5(3) of that Act.

(7) Once a strategy has been prepared under this section for a local government
      area, the specified authorities for the area must—

(a) keep the strategy under review, and

(b) from time to time prepare and implement a revised strategy.

(8) A strategy under this section may cover an area that is wider than a local
      government area if it is also prepared in the exercise of the powers in section 8.

(9) The Secretary of State may by regulations make provision for or in connection
      with the publication and dissemination of a strategy under this section.

(10) References in subsections (4) to (9) to a strategy under this section include a
       revised strategy.

(11) This section does not affect any power of a specified authority to collaborate or
        plan apart from this section.

(12) For provisions about the interpretation of this section, see—

(a) section 10 and Schedule 1 (specified authorities and local government
                  areas);

(b) section 11 and Schedule2 (educational, prison and youth custody authorities);

(c) section12 (preventing and reducing serious violence).

Whilst I am more than happy to discuss strategies for preventing and reducing serious violence, I foresee a number of difficulties on the horizon. To begin with, by imposing this ‘duty to collaborate’ the Government is indicating clearly that it has no strategy to deal with violence other than to devolve the problem to local authority appointees, some head teachers or their appointed representative, administrators of institutions for incarceration of alleged offenders and the local police force.  It assumes that this combination of individuals will come up with some form of solution it cannot find for itself.

The frustrations that lead to violence are not too difficult to understand. Ignorance, poverty and unemployment are pretty much the foundations of serious violence. Ignorance, not just from lack of education, but from the promulgation of abusive behaviour, racism and religious bigotry.  Poverty, not just from lack of means, but lack of imagination, ambition and belief in oneself. Unemployment, not just from lack of a job but from an unwillingness or inability to create endeavour, the direct result of ignorance. It is a circle difficult to break.

In order to do what is being asked of them, the specified authorities will have to provide the strategy to deal with that ignorance, poverty and unemployment, and that will of necessity require substantial funding by the taxpayer, who, at present pays taxes to the government. Indeed, are these not matters for which our elected representatives have put themselves forward to deal with? It should not be about passing the buck and packing it off to lower tier administration to cope with. Will central government pass on any of that tax revenue to deal with the problem they are imposing on others? I doubt it.

So please pay attention and look through the fog assembled by Boris and Co. Write to your MP to cast out this proposed legislation, or any legislation that restricts your rights by restricting and putting a straightjacket on the rule of law. The rule of law is about protecting the individual not protecting individual administrations. Each of us has a duty of care to the other, we are responsible for each other’s freedoms. This current lot will accuse you of selfishness by not supporting them. They will say they are the ones protecting individual freedom by locking up the nuisance demonstrators who are keeping you from getting to work on time by blocking roads, busses, tubes, trains and assorted thoroughfares. They seek to bamboozle you into thinking the legislation is for your benefit, when in fact it is to supress dissention to maintain their seats in government. 

I was sent this video by a concerned citizen. Thank you Emma.