Sunday, April 10, 2005
Hemming Demands Cabinet Committee Minutes
I will be demanding a copy of the Cabinet Committee Minutes for April 20th 2004 relating to Postal Vote Fraud as part of his legal case against Tony Blair.
It is reported in the Sunday Times that Labour decided to allow postal vote fraud as the anti-fraud measures would have cut Labour support.
As part of my legal case I have a right under Article 6 (equality of arms) to the disclosure of the Cabinet Committee minutes. I challenge the government to formally deny the report in Today's Sunday Times. posted by John Hemming ¶ 4:31 pm
It is reported in the Sunday Times that Labour decided to allow postal vote fraud as the anti-fraud measures would have cut Labour support.
As part of my legal case I have a right under Article 6 (equality of arms) to the disclosure of the Cabinet Committee minutes. I challenge the government to formally deny the report in Today's Sunday Times. posted by John Hemming ¶ 4:31 pm
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As you are using the Human Rights Act 1998, to get them to provide Cabinet minuets, they may try and use the caveat in section 6. - (3) In this section "public authority" includes-
(a) a court or tribunal, and
(b) any person certain of whose functions are functions of a public nature,
but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.
If they do, you may like to remind the court that
"The whole system of Cabinet government is founded not on laws but on practices" - Sir Ivor Jennings. "Cabinet Government".
"Accordingly the rules relating to the foundation and operation of the Cabinet, the relations between the Prime Minister and other Ministers, between the government and the opposition and many more are not in legislation nor in the Common Law nor in the law and custom of Parliament". - Sir Ivor Jennings " Law and Constitution".
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(a) a court or tribunal, and
(b) any person certain of whose functions are functions of a public nature,
but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.
If they do, you may like to remind the court that
"The whole system of Cabinet government is founded not on laws but on practices" - Sir Ivor Jennings. "Cabinet Government".
"Accordingly the rules relating to the foundation and operation of the Cabinet, the relations between the Prime Minister and other Ministers, between the government and the opposition and many more are not in legislation nor in the Common Law nor in the law and custom of Parliament". - Sir Ivor Jennings " Law and Constitution".
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