PART ONE – Human Rights Infringed on Massive Scale – The Guilty Ones? Forget Égalité! Where is British fair play?

I write for the day after tomorrow, WITH Covid-19 around whether I live to see it or not is another matter. Self- isolated as I write, I hope that I will.

Essentially this is for you

I have just seen with total clarity where Human Rights lawyers get it horribly wrong without, I suspect, their realising it. They are committed to human rights and to égalité. They convolute the two and supercharge both in the service of those they categorise as “the disadvantaged” in society.

From an ethical point of view that appears unchallengeable, does it not?

But a flash of light

Are Human Rights lawyers politicised, fighting for the rights of only those they categorise as “disadvantaged” under the blood-stained banner of Revolutionary égalité but ignoring the legitimate rights of everyone else? British fair play absent. And at a terrible cost?

Sadly, many people see life exactly as they saw it when they started thinking about it in their teens, since then either treasuring anything consistent with it and binning anything not, or not thinking about it at all, probably the difference between the Left and the Right politically? Complacent, self-satisfied, self-sufficient in both cases. Sometimes self-righteous too. We pay a big price for that today.

Once I would have accepted without qualification the right of all children to equality of opportunity to go to University and the obligation of the State to provide it.

I was that way until in my retirement when I became chair of governors of Barbara Priestman School in Sunderland, a special school for children with a physical disability and a learning difficulty, one of the very many disabilities that teachers and carers of children with special needs had to provide for. Thanks to the Rotary Club of Sunderland that introduced me to Fredwyn Haynes its inspired and inspiring head teacher, sadly no longer, this was a shock to my system, a good one. I saw service before self, Rotary’s mantra, outside Rotary every day in the school.

Suddenly I am presented with a new situation. The flavour of the times is Inclusion. A law has been passed in 1976 giving children with special needs the right to mainstream education, giving them their right to an equal opportunity to go to University. Without that right disadvantaged.

But that was not the right that the parents, teachers, and carers wanted, or the children. In a meeting convened by the director of education to support Inclusion, not one hand went up in favour of it. In a very well attended meeting, no-one felt children were deprived or segregated. I recall the head teacher, Fredwyn Haynes, saying that the one thing BPS could give its pupils that mainstream could not, was time. It was also some very dedicated, very skilled teaching and caring and no bullying I could see.

While over 100 other special schools were being closed – State vandalism in my view – I helped the parents, teachers, and pupils in their campaign to keep their doors open. Mainstream education right for some with special needs but not for all. That is a story on its own. Seeing the dirty side of political argument provoked me to write my play Death of a Nightingale and stage it in the New End Theatre in London. I gave the head teacher in the play the line “What our kids want is not equality of opportunity, just opportunity.”

I now fine tune that. A friend to this day, a pupil at the school then, Ashleigh Ritchie, now Ashleigh Watts. I write about her wedding in my blog. What I have come to realise is that what Barbara Priestman School provided Ashleigh was a very precious commodity, self- esteem. For all her disability and health problems associated with it she was at one with herself. Nothing at all to do with an equal right to anything else. And at her wedding she surrounded herself with her teachers and friends from her school days acknowledging that. Giving kids self-esteem is part of what education should be about.

There is another dimension to this that may be an uncomfortable thought for some people.

The national curriculum and the examination system have been constructed to give all children an equal opportunity to go to University, but only half their number will end up there. What about that other half? What about their rights? Did they have any right to an education suitable for them? Have they got to be equal to register for attention? Isn’t it enough to be different? They don’t want equality.

What they want is fair play, not égalité.

As I keep saying, we are equal only sometimes, unequal most times and different always.

Here, maybe a different curriculum altogether, not one with an academic bias. Maybe a different qualification at the end of it. Maybe selection is not such a dirty word as it has been made out to be. Maybe this explains school disorder. ADHT and the widespread dosing kids with Ritalin, Expulsions. Mental health problems from a sense of failure. And maybe it explains why the UK has had to import skills that should have been home grown.

And maybe in the pursuit of égalité, the pursuit of excellence that is profoundly unequal has been neglected. Maybe bursaries and State Scholarships should not have been discontinued to reward the gifted and talented and the ambitious studying the subjects that would serve the country well in the future.

End of story? Not quite.

Time moves on. I suddenly find myself joining another campaign, to stop a cycle lane congest further a busy urban road through the shopping centre in Gosforth Newcastle.

In London cyclists truly represent the disadvantaged. Motorists the advantaged. Property prices, rents, the cost of living all put cyclists at a disadvantage. Not to mention their health and safety on the roads. And so many emotive arguments for the bicycle to promote their use even though Cycling UK says that “cycling accounts for less than 1% of road traffic and under 2% of trips”, they are scarcely equal, there are many other safer ways to keep fit, many quicker ways to get clean air into towns and cities and, unlike on the Continent of Europe, narrow and already congested urban roads and roundabouts unwelcoming. Outside London cycling is for students and the young, mainly for recreation not commuting to work.

Never mind. There is suddenly a brand-new human right promoted by the Media, notably the Times. An equal for all right to clean air. Unobjectionable. Save the planet too. Given statutory backing. Substantial State funding provided.

But look more closely. No one is told that this policy is being promoted by the cycling lobby Sustrans with a vision that wants one driver in eight to make a model shift, their words remember it, as they describe it and give up their car for a bicycle for all journey under five miles, that wants traffic to drive more slowly, that doesn’t mind gridlock for others.

In Newcastle Sustrans is employed by the local authority to bid for the money that will pay them to realise their vision. To that end they prepared a diagrammatic map and with a black crayon marked the route for a cycle lane without any professional examination of the road where it was to go and without any market research to support their aspiration. Simply totally fanciful expectations of the number of cyclists likely to materialise over ten years, “an increase in cycling trips by 73% – 1,232,177 additional cycling trips are forecast.” And a fake consultation. A choice between cashew nuts and pistachio but nuts all the same. With Inclusion for Barbara Priestman School parents it had been a choice between walnuts and peanuts but nuts all the same. They were allergic to nuts.

But what has happened here is that an equal right to clean air has pre-empted the right of the majority to get to their destinations as quickly as possible and the right to lead their lives without unnecessary restriction – going to and from work, shopping, eating out, films, concerts, football matches. Instead 20 mph speed limits – millions of £s spent on the signs, a new proposal that no cars can park on a pavement curb necessary for thousands of car owners without garages, and the latest stupidity on Tyneside, a proposed bus and cycle lane reducing the traffic on the main bridge over the Tyne to a single lane. That “model shift” again?

At least good sense has prevailed on Gosforth High Street, not elsewhere in Newcastle and the UK. Regardless of cycling injuries that A & E and the NHS can certainly now do without. And this policy still dwarfs a policy to introduce fast chargers for the new generation of electric cars ironically much more likely to achieve clean air in our towns and cities.

This, however, is only a part of the story. My story in my new book Kafka’s Cycle – slow death of a complaint. In my retirement if there is meat on a bone, I gnaw at it.

It includes – NHS – is the 1948 Model fit for the 21st Century. As front-line staff in hospitals and care homes are the heroes today, backroom bureaucrats also need to see the place for the first time.” Not just as they started from. With 20 years involvement in Philip Cussins House in Newcastle – another place where I found service before self every day – I assert the right of care home staff to protection in amongst rights currently minimised.

QUESTION FOR NEXT TIME – Are Human Rights lawyers politicised fighting only for the rights of those they categorise as disadvantaged, blind to the rest?

PART TWO – Human Rights Infringed –Mine, the Right to Free Expression – The Guilty Ones? To follow.

If you want to read Kafka Cycle, it will be up to you to help.

Why no Plan A? – THE OMENS PREDATED AUSTERITY- Introduction to Kafka’s Cycle – Slow Death of a Complaint

(Threatened with libel suit)

I write this while I self isolate, the best chance I have to survive the Coronovirus Pandemic.

There must be something very badly wrong with the way the UK manages its affairs when it leaves the front line doctors and nurses of its flagship NHS so vulnerable and unprotected from the Coronovirus Pandemic when the NHS has an annual spend of over £100bn and  was, more than once, forewarned that at some time or other a life threatening new  virus might invade our population bringing  widespread havoc in its wake. And this the second cataclysmic event since the turn of the 21st Century, the first being the banking meltdown in 2008.

I have taken this snapshot of the UK in the years leading up to the Coronovirus pandemic in 2020. Recently these years were dominated by the austerity that the Government felt obliged to adopt following the cataclysmic collapse of the World’s banking in the financial crisis in 2008; the greed of bankers compounding the aspiration of millions to own homes that they could not afford and those who traded politically on that aspiration. After that the internecine fighting to determine whether the UK should quit the EC. While this book doesn’t relate to any of those things, it may help to give an enquiring mind some answers to the question Why? Why repeated cock-ups Why do people ask for trouble? And why do they find it? Why with Coronovirus were they not prepared for it? Why was the pain and suffering not ameliorated?

I myself am one of the fortunate ones. Octogenarian, I have had my life. At times a roller-coaster, but personal challenges along the way substantially met, enriching friendships still ongoing, music, art, travel, leisure groups, the countryside, and a truly beautiful marriage with my wife Ros underpinning it.The high water marks, SCS now a plc, Philip Cussins House, and the Rotary Club of Sunderland that introduced me to the late Fredwyn Haynes, the inspired head teacher of Barbara Priestman School. That, totally unplanned, changed my life in my retirement and gave it its focus .And the wonderful thing is about of all of this is that all that I have just mentioned brought beautiful people into my life, and many of these relationships continue to this day.

As a young boy I avoided the worst of World War II though witnessing it from my air-raid shelter in Sunderland. The Holocaust, while it happened, mercifully for me, a young Jew, out of sight and out of mind. Serious health issues that in earlier times would have taken my life resolved by our NHS and the medical profession. Overall, very much to be grateful for.

My writing here does not reflect any of that. I started my life – in my early days I used to say it was half a lifetime – as a Liberal. I still am, though without any party-political affiliation for many years. Donald Summerfield, later the Manchester’s Coroner, when I knew him in Chambers in Bow Lane Manchester, himself a Liberal, perceptively said that I was safe with my Liberal belief, grounded in conviction not idealism. The conviction a simple one. Every life has a value. Not equal. Significant, and worthy of respect. But respect only when mutual.

Here, in this book, life has been a disappointment. And I write about the disappointment I did not expect. My story has many heroes, but no villains, only casualties of a system that is short-termist, encourages conformity, favours its selfish self, and loves to play charades. It loves to pretend it is better than it is, and then must pay the price for its self-indulgence.

I hope that by the time the Coronovirus is over everyone will appreciate that the State has a key role in people’s lives having rescued most from the economic ravages wrought upon them by the virus. I also hope that they will also appreciate the contribution that the private sector driven by the profit motive has made to providing the food, sustenance and medical provisioning everyone needed.

Their profound gratitude to all those employed in our NHS, doctors, nurses right through to porters and cleaners still has to be tempered by an understanding that in an annual NHS spend of over £100bn some people somewhere got their priorities badly wrong, illustrating my core belief that we do not factor human fallibility into the decision making process and should allow for it. Time and again that happens. Each time a price to be paid for it, in this instance in human life and much else besides.

Two other things.

Having seen Governments printing money by the billion – £s, $s, s – to bail out the banks in 2008 and to bail out the livelihoods of their citizens in 2020, it will be tempting to believe that the philosopher’s stone, the legendary substance turning base metals into gold, has finally been discovered. Governments can produce money out of thin air when they absolutely must, but the value of that currency to us when we borrow it is determined by others, the nation’s creditors. They will have no good reason that we should live well at their expense trying to repay our debts to them in Monopoly money.

There is no God given right to the quality of our lives however much politicians and lawyers might claim that there is, simply by passing a law. In the final analysis whatever rights and rewards we have must be earned in the marketplace of the world by our fellow citizens. And fair play, not equality, should then be the arbiter for their distribution.

Finally, in a world where mutual respect should be of the essence, those who wish their legitimate rights to be respected should themselves be respectful of the legitimate rights of others that may conflict with them. Equality has no relevance here. Their rights may well not be equal; on the other hand fair play can be the only way to provide a peaceful resolution. The Left does not always recognise this.

The moral of my story.

The Relativity of Some Human Rights – Do Socialists and LibDems see it when they clash and the high cost of short-sightness and institutionalised complacency?

THIS IS A SERIOUS WARNING FOR UK CITIZENS – Your Rights are under threat.

(Please read this in conjunction with the Left’s Ponzi culture.

Some human rights are absolute – rights in relation to colour, race, religion, gender and suffrage. And it’s not wrong to label those rights singular and equal.

Some human rights, however, are relative to each other.

In their pursuit of Equality, the profound mistake of Labour and the LibDems is to treat all rights as equal and assert their singular imperative, often for their own narrow, selfish benefit.

They believe that the only rights that matter in a Marxian defined class war are those they deem of the “disadvantaged“. The tragedy is that they ignore totally the rights of others when they conflict with them, and they leave themselves open to the charge of hypocrisy.

No wonder they lose elections.

 These rights are plural, not singular, consistent with my oft-repeated reminder that we are equal only sometimes, unequal most times and different always. And people like it that way.

The latest manifestation, the arguments about transgender rights and islamophobia that are contorting the Labour leadership election. When rights conflict as they do here, equality is supremely irrelevant. Fair play is the only solvent with give and take.

 See this in the Middle East. See the rights of Israelis and Palestinians as singular, simply equal rights to land, see the Palestinians in Gaza as the disadvantaged, then a two-State resolution is the only logical solution but it is dangerously misplaced.

When Iran and many in the Arab lands say that they want to erase Israel off the map altogether and give a right of return to the Palestinians, other rights come into play.

Iran is paymaster to Hezbollah and Hamas with the same intention. Arms them with thousands of rockets. Has nuclear aspirations.

 Israel, seeing what Shiites do to Sunnis, Sunnis to Shiites, and what they both do to Christians – death and destruction and millions of refugees seeking asylum – there is only one right that matters and that is the right of self-defence. Some remember with feeling the consequences of international indifference to similar threats from Hitler in Mein Kampf. Sadly, many others clearly prefer to forget them altogether. Forget too how Hitler was allowed to rearm.

Efficacy is more meaningful here than proportionality.

Proportionality really relates to the location of international concern and maybe anti-Semitism can have something to do with that.

While Israel feels it necessary to assert its right to self-defence against its sworn enemies and with no reliable guarantee of outside help, the two-State solution will remain a mirage, the 70-year war will continues as will the plight of the Palestinians. Is that what you want?

Meanwhile when the two State solution is currently impossible, the Palestinians have other rights, the right to compensation – not the only ones as nearly one million Israelis have lost out when expelled from Arab lands, another reason why the Palestinians’ hope for a right of return is moonshine. The Maoris had to settle for that in New Zealand and the American Indians in the USA.

 Equality gets you nowhere slowly and prolongs the agony. Fair play is the only hope for peace.

 Come closer to home – School

Yes, many kids have an equal right to go to a University, but others have a right not to go, to learn subjects suitable for a non-academic future – a different curriculum altogether that they will enjoy and not see themselves as failures. And for those with a right to go to a Uni, equality denies them the bursaries and scholarships that would encourage excellence in those areas of activity where excellence is needed but, of course, is unequal.

Many kids with special needs have a right to go to mainstream schools, but many others have a right not to go there, a right to specialist teaching and caring with others with similar disability or difficulty. A right to avoid the bullying that is endemic in mainstream despite best endeavours to prevent it. Diversity should pre-empt Inclusion.

Browse www.deathofanightingale.com

Meanwhile Remainers lament the skills we need but can’t import from Europe and the high priests of the educational establishment fill the columns of the Times Educational Supplement bemoaning, explaining dealing with unruly classroom behaviour. They never acknowledge their own contribution to both, their all-embracing Inclusion agenda toxic.

 On the Roads

Cyclists have a right to cycle – to the new right, to clean air Ho Ho! But other road users have their rights too. Many more of them without garages have a right to expect that the Government will ensure that there are fast chargers to enable them to buy an electric car and find their way to clean air, safer and with wider appeal. As I write at last this is being recognised.

 Again, equality is a useless word here. Fair play for all a much wiser approach. I repeat, when rights collide, fair play not equality should resolve the conflict.

Kafka’s Cycle – Slow Death of a Complaint

One last example that affects me personally. I assert my right to Freedom of Expression. I echo popular discontent with authority. The bare bones of this here.

I complain about a proposed cycle lane on Gosforth High Street in Newcastle. Much later I am vindicated as the plan is quietly dropped.

Meanwhile, I complain to the Local Authority, then to the Local Government Ombudsman where apparatchiks give a clean bill of health to the City Council. I want to initiate judicial review. I allege bias, an established legal ground for it. The covert presence of the autophobic cycling lobby Sustrans in the planning department toxic.Their vision, many more cyclists, many fewer cars, not just petrol and diesel, and slower traffic. I provide evidence in a 100+ page dossier. Two lawyers in Bindmans LLP say the case would be “bound to fail” and decline to write the pre-action protocol letter. A third, their senior, endorses this. I try, unsuccessfully, to question that. I do not believe that my case is TWM, totally without merit, the justification for their stand.

 I believe that they gave me wrong advice. I write up the whole sorry saga in Kafka’s Cycle, slow death of a complaint, a case study for students of law, politics and sociology.

They then assert their right to protect their reputation, the writer not heeding the legal maxim Nemo judex in causa sua: I will not give the assurances you seek in your letter, nor will I read the book and catalogue points of disagreement. For the avoidance of any doubt, if you, or your publisher, publishes disparaging, libellous or defamatory statements of any kind about Bindmans or the lawyers who work here, or those have formally worked on your case, you can be assured that we will avail ourselves of our legal remedies, bring legal action and seek injunctions or damages as appropriate along with the costs of doing so.

Truly a gagging exercise, a bludgeon, constructive censorship. They will not tell me what they allege is untrue, dishonest or not in the public interest that would legitimise their criticism.

I dare not publish, the costs of a libel suit prohibitive and the prospect of success extremely doubtful in a court of lawyers when apparatchiks working for the Legal Ombudsman do not support me and the Solicitors Regulation Authority describes their response as “robust” and do not see it as authoritarian and going against the public interest that they explicitly espouse.

There is no equality here between me and Bindmans LLP. The only solvent is fair play.

When there is ample evidence that what I write about is in the public interest, can it be fair for Bindmans to refuse to identify those criticism they believe unwarranted and give me an opportunity to remove them. Isn’t it profoundly unfair to deny me that? Yet that is what they explicitly decline to do.

 The quest for truth and justice will always be elusive if fairness does not come into it.

I copy this to an old friend from University days, Sir Geoffrey Bindman QC, now retired, his eminence due to his fighting for human rights. I urge him to contact the partners in his former company and suggest that one of their number should review what I have written and either withdraw their threat or identify what they feel that they can legitimately take exception to.

Sadly, despite a long email dialogue, he declines to do so.

Q.E.D.

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