John Hemming's Web Log

I noticed that I have not posted this case to my blog. In  this case it was put to the court that having an expert on a retainer to one of the parties stopped the expert being independent.  The court disagreed.  I disagree with the court. I think most people would disagree with the court.

The Court had the sense to allow Mrs Danby to purge her contempt today and be released.  G4S, however, decided that the court order was not enough and they needed permission from the prison service.  In the mean time her handbag had been left in Derbyshire and her suitcase left in a hotel in Liverpool.  Her tickets had run out to return to Orkney yesterday and she was dumped by the system in Birmingham.  Luckily the Daily Mail have agreed to help her get home. Even if the original court orders on contact had reliable expert evidence and the conclusion of the court on only hearing one side of the argument was right (about both of which issues there are questions). Derbyshire County Council have serious questions to ask as to where the public interest was in spending the money to get her dragged out of a Ken Dodd concert to be taken around the country. It is also obvious that although there is potentially an argument to convict her in her absence there is no argumen...

As we move into the new year most of the complaints received by my team have been about problems with rubbish collection. The new system is far less efficient than the previous system and as a result frailer people who need help moving around the large wheelie bins are finding that their rubbish does not get collected. People who have the temerity to put their weeds unwashed (with too much soil) into the recycling bin are being told to wash their weeds  (which I find to be a rather odd requirement) and there remains large amounts of fly tipped rubbish on the streets - although much less in Yardley than other areas.  To save time the operatives are deciding from time to time to leave rubbish because the bins are not that full and people who would rather not have wheelie bins are forced to have them even though the operatives merely take the black bags out of the bin to save time. This is a real issue to be considered within the context of the debates about how public servi...

I am pleased with the judgment issued today from the court of appeal.  My concern is to stop people being imprisoned in secret.  This judgment is an important step towards that objective.  There are three key things Firstly, it recognises that a lot of people are still locked up without proper public scrutiny. Secondly, it adds to guidance and reinforces guidance to stop this happening. Thirdly, it ensures that there is an authority that can be used to find out who has been imprisoned if someone finds out that a secret jailing has happened. It does not, however, as yet accept that a secret imprisonment in itself is cause for someone to be released.  That is an issue that I will be looking at in more depth.  It is, obviously, difficult to make an application to court for the imprisonment of someone in secret as it it is entirely secret no-one will know.  Hence it is difficult to find authorities for this situation. The problem as I see...

Yesterday's debate demonstrated the relatively counterintuitive nature of parliamentary procedure. We had the movement of the "previous question". This did happen in the last parliament. Once. It wasn't very clever to do this as it merely had the effect of truncating debate. If it gets moved too often we will find that the rules are changed to prevent this. The most important point is that only a limited range of parliamentary motions have an actual effect.  Motions relating to statutory instruments have an effect.  Those on european scrutiny issues have a partial effect, but are in fact not binding as the ministers can make decisions in the European Council before such a motion passes.   Motions that affect the House of Commons (order of debate, suspending or expelling members, standing orders, committees etc) do have an effect.  Those which are in conjunction with a finance bill also have an effect. However, a motion that says "This House instructs the...

I have extracted and uploaded to Youtube the presentation of the Petition about Acocks Green Post Office. There are two ways of presenting petitions. One is the process in this video. The other is to simply put the petition in a bag at the back of the Speaker's chair. Petitions are presented at the "moment of interruption" which is just before the adjournment debate. Often the Moment of Interruption is known in advance, but on Monday it happened a lot earlier than planned.

There is a debate going on about whether the Recall Bill is "Real" or not. As usual there is a lot of confusion about what alternatives are proposed. Zac Goldsmith put forward proposals for a different system.  The government proposal is triggered by one of two options either a criminal conviction or a decision by the Standards Committee.  Zac Goldsmith's is triggered by 5% of constituents signing a petition.  The government proposal then looks for a petition signed by 10% of constituents whereas Zac Goldsmith's then goes to a petition signed by 20% of constituents. The first point is that the government's proposal happens to be what is in the manfesto.  Although I rebel on some issues they are generally not issues which were in the manifesto.  I am making it clear to my constituents that I take a different view to the party on some issues (such as the EU referendum) hence I am not going to be bound by what it says in the manifesto on that. The second po...

The Witchfinder General has written about the case of Re D. I do think the case is important as it highlights the fact that one jurisdiction believes that a child should be cared for by its mother and the other jurisdiction believes that a child should be adopted or at least subject to a special guardianship. The mother is the same, the children are about a year or so apart. The underlying issue is one of risk.  What element of risk requires the complete removal of a child from its wider family?  

The Department for Education are trying to talk away the story about the NAHT producing guidelines as to when term time absence should be allowed. Earlier this year I wrote to the Department suggesting this as way towards a solution.  However, the department refused this as a proposal.  The Minister as I understand it is now signing off on the guidelines. Hence it is a clear U-turn on the department's previous position that "exceptional circumstances" was all that needed to be said. It remains, however, that the underlying argument still needs to be made.  At this stage I do not have a copy of the guidelines and so cannot comment in detail. It is also important to understand the role of Ofsted.  If Ofsted pressurise schools to reduce the number of approved absences regardless of the reasons for the absence then silly decisions will continue to be made. Hence progress is being made. The DfE have made a partial U-turn.  However, more work needs to be do...

This table is from research done by the government in 2011. It demonstrates for KS2 that taking a small amount of holiday in term time does not necessarily harm a child's education (at KS2 of course) and can in fact improve achievement. John Hemming said: "The government's obsessive demand for children to go to school almost regardless of normal family circumstances (such as illness, family bereavement and holidays) is not actually justified by the evidence that the government has in its research. Separate research looking at one primary school concluded that a small break can actually be beneficial to the children's education. We do need to be sensitive to the varied position that families find themselves in. Police Officers, Nurses and many other people often have no choice as to when they take their holidays. We should not effectively ban them from going on holiday particularly as the evidence is that it is beneficial to their children." Obviously ...

Hansard now has Friday's speeches on the parliamentary website.  I spoke in both debates. This is a link to my speech in the EU referendum debate . This is the debate on the Transparency and Accountability bill Both are I think important speeches.   The difficulty on the issue of pan-European institutions (including the Council of Europe and the European Union) is that the heat of the debate tends to obscure the underlying issues.   The underlying issues are, however, real and we should not avoid them.

This chart from the BBC demonstrates clearly the problem with Ebola and the solution. Ebola is, of course, a threat to everyone in the world. However, the chart demonstrates how Nigeria has kept tight control of infection whereas Liberia has been particularly bad at controlling infection (starting in 3rd place, but racing into 1st place). It is important that we recognise that it is possible that an infected person from one of the infected countries (Sierra Leone, Senegal, Nigeria, The USA, Spain and Liberia) could come into the UK without us knowing that this is happening in advance. It is, in fact, likely that an unidentified infected person will go somewhere else in the world. What is important is that we recognise what to do in the event that someone does come to the UK. The key for people in the UK is the following (from the BBC): Symptoms of Ebola include fever, headache, vomiting, diarrhoea and bleeding - but these are similar to more common infections like flu...

In one sense I lost a battle in court today (having 13K costs awarded against me).  However, possibly over 500 dumps of green waste have been cleared up as a result of the legal action although not all of the ones I highlighted were removed.   Some long standing ones like in Nooklands Croft have now mainly gone (but not all). I am likely to appeal the case.  However, the clear message of the case is simply to do lots more applications for litter abatement orders, but avoid taking them to final hearing.  I will, of course, consult with my constituents, but the early response is that they would like me to continue to fight the council on this issue.

This statement shows that the Latvians are taking action in respect of a case in England. There is a conference in Prague tomorrow about the problems in England (such a conference would be in contempt of court here because it would talk about cases). Sadly as a result of the Russians pulling out of the Council of Europe the report into English family law has been held back. It remains, however, that international concerns about England continue.

A group of residents who are concerned about the growing problem of Knotweed (Fallopia japonica) have asked me to assist in launching a campaign to bring it under control. The following photographs are of Morden Road, the River Cole in Stechford and the River Cole near Larch Walk. A lot of the banks of the River Cole in Stechford are being taken over by Knotweed. The council have sprayed a bit of it, but a much more strenuous effort is needed. Not only does Knotweed undermine biodiversity, but also it can do a lot of damage to properties nearby. part sprayed by council All above in Stechford near River Cole Morden Road Larch Walk

Followers of my twitter feed will have noticed a discussion between the local Labour candidate and myself about the way in which she was rehousing people living in Sandwell in Birmingham so that they could claim more benefits.  Specifically to claim more council tax benefit. This was based upon a speech that she gave on the subject of Children and Families with no recourse to public funds at a City Council committee in 2013. She explained how she didn't rehouse anyone living in the refuge she managed in Sandwell into Sandwell itself, but instead housed them in Birmingham, Walsall and Wolverhampton.  She said that this placed an even greater burden on Birmingham's resources. She is now claiming that she was not doing this for reasons of finance, but instead because of safety issues.  According to what I have been told, however, she made no mention of safety and merely mentioned differential rules in terms of benefits. Debates on Twitter are in public, but are const...

There will be a vote later today on the following motion. I am currently in Birmingham, but will soon catch a train to London in order to vote on the motion. I opposed military action against Assad and opposed the 2003 attack on Iraq. The wonders of modern technology enabled me late last night to send out a survey (including the motion) to those constituents of mine who subscribe to my electronic newsletter.  For some reason those with hotmail accounts were blocked, but many others did get the newsletter and a lot have responded.  I will put an analysis of the responses later. THIS IS THE MOTION That this House: Condemns the barbaric acts of ISIL against the peoples of Iraq including the Sunni, Shia, Kurds, Christians and Yazidi and the humanitarian crisis this is causing; Recognizes the clear threat ISIL pose to the territorial integrity of Iraq and the request from the Government of Iraq for military support from the international community and the...

The following image demonstrates that the decline in the number of post offices has been halted. It is an extract from a parliamentary library briefing.

There does seem to be some interest in the question of devolution for England.  I am, therefore, trying to find out if there is sufficient demand to run an e-Conference or Q&A session on the issues for Constituents (and if there is space in terms of time for anyone else from Birmingham. If you are interested in this please email tom.lister@john.hemming.name You would need a Skype video account to be able to ask questions or make statements.

Quite a few people are unhappy with politics. In Scotland this has resulted in 45% of the country voting for independence with all of its potential problems.  I see that as being in part driven by increased alienation from politics more generally. I am in the end pleased that they have voted to remain part of the UK although I don't like the Barnet Formula.   I also support proposals to strengthen devolution in England based upon City Regions.   The city region of Greater Birmingham is a much better approach than the previous concept of Government Office Regions.  It also allows the Marches to either have a devolved area of their own or to do things around the counties that exist. It is, however, crucial that attempts to push Coventry into the Greater Birmingham area are resisted.  Coventry is part of its own smaller city region and forcing it into the Greater Birmingham (which obviously includes the Black Country) immediately creates a conflict of interest...