John Hemming's Web Log

This year I went to Stechford. We have recently restored the war memorial at the roundabout at the end of Albert Road. I normally have gone to the service in the City Centre, but instead went with the Stechford and Yardley North Councillors to Stechford in part to see the event with the restored memorial. I did take some photographs, but Rob Jones was there. He takes photographs of many of the local events and you can see his photographs of Stechford (which were far better than mine) here

I have linked to a story on the Channel Islands TV station which in part says: A Jersey accountant jailed in 2007 for six years for money laundering has had his conviction quashed. His defence council took his case to the Jersey Court Of Appeal but it was rejected. They then took it to the Privy Council - the highest court islanders can appeal to - where it was finally quashed. The judge, Commissioner Sir Geoffrey Nice was branded 'sarcastic, mocking and patronising.' He interrupted Mr Michel 273 times as he was giving evidence. It's now expected to cost the Jersey tax payer millions of pounds. Mr Michel's defence lawyer says in retrospect, he should have objected more at the time. Click for the video. What I find interesting is the unquestioning reliance of the TV station on judicial decisions. There have always been biased judges. What is most important to hear is the solicitors explaining how he didn't want to challenge the judge in case he upset the judge. This...

This report from NHS West Midlands shows that the number of people with flu-like illness has slightly increased across the region. Key Messages Across the West Midlands there has been a mixed picture in patients presenting at primary care centres with influenza-like symptoms - some PCT areas show an increase, other areas show a decrease, in rates. Overall, the West Midlands rate has slightly increased but this is not impacting on normal service delivery. The number of people with swine flu admitted to hospitals in the West Midlands has increased, as has the proportion of patients in critical care. There have been six further swine flu related deaths since our last report. Activity /Rates – GPs This shows the number of patients attending primary care with influenza-like illness, taken from the latest Health Protection Agency QSurveillance data. This data indicates an increase for the week ending 1 November 2009, across England, West Midlands and within Birmingham East and North. The rep...

Epping Forest DC, Lower Sheering Con 302 (76.5; +0.7) LD Ingrid Black 93 (23.5; -0.7) Majority 209 Turnout 21.35% Con hold Percentage change is since May 2007

One thing that is not well known is that the government controls the rules of the house of commons. This is a matter that hopefully the Wright committee will rectify. I have proposed a new clause to the Constitutional Renewal bill as follows (also see link) Procedure Committee amendments to standing orders NC46 To move the following Clause:— ‘Standing Orders of the House of Commons shall make provision for the Procedure Committee to have the power to table amendments to Standing Orders for the whole House to accept or reject following a short debate within one week of the tabling of such amendments. Although this cannot actually change standing orders it has the potential of getting a vote on the issue.

There was a debate in the house last night which can be read in hansard here . It demonstrates that the government are not really listening on the issue of graffiti and low level crime. The punishment of "clear it up" is the ideal punishment for graffiti, but the government want to fine people. Quite a few cannot pay the fines so it becomes meaningless. Anyway here are some extracts: John Hemming (Birmingham, Yardley) (LD): I thank the hon. Gentleman for giving way on the subject of early intervention and the need to support families at that stage. I had the opportunity to visit a Sure Start centre in my constituency and, separately, to go to see Home-Start, which does similar sorts of early intervention support work. Home-Start said that about half of its problems arise from bad housing, whereas Sure Start said that some 75 per cent. of family problems arise from bad housing. From a holistic perspective, does the hon. Gentleman that agree that if we are going to deal wit...

I didn't get the chance to ask a question of Alan Johnson on the sacking of Professor Nutt yesterday. In essence, however, he was sacked for being independent. It is clear now that government advisors, even unpaid ones, are not to be independent, but need to take the government whip. This, of course, raises into question all the independent advice that the government relies upon and quotes. If advisors are to be sacked for talking out of turn and saying things that the government does not like then they have no independence. I have been unhappy with the proposals to vaccinate children for Swine Flu. It is now clear that there are no independent advisors to government as they get sacked for being critical of the government. Hence this also applies to the question as to whether or not to vaccinate for Swine Flu.

Huntingdonshire DC, Huntingdon North LD Patricia Ellen Shrapnel 243 (32.6; +2.7) Con 213 (28.6; -18.6) UKIP 167 (22.4; +14.1) Lab 123 (16.5; +1.8) Majority 30 Turnout 19% LD hold Percentage change is since May 2008 Hellesdon PC, South East Con 287 (46.2) LD Wendy Elizabeth Pearce 198 (31.9) UKIP 136 (21.9) Majority 89 Turnout 15% Con hold

I think that it is now worth having a look at the wider issues relating to freedom of speech. Freedom of Speech often gets mixed up with the debates about "no platform" and there are lots of subtleties including the issue about the trafigura injunction. The Lord Chief Justice recently took the view that it was entirely reasonable to have court injunctions that in themselves are secret. This is perhaps the most extreme constraint upon freedom of speech. The whole panoply of state power is used to stop someone saying something and also to stop them saying that they have been prevented from speaking. This has to be the super gag. I think this is in fact unlawful under Article 6. Judgments need to be public. As a minimum orders should be public. Article IX of the 1688 Bill of Rights ensures that the courts can have no effect on parliament. Parliament may itself decide not to comment on matters which are subjudice, but discretion rests with parliament to discuss even sub...

Birmingham City MBC, Sutton New Hall Con 1633 (58.3; -8.8) Lab 505 (18.0; +5.6) UKIP 344 (12.3; +12.3) LD Robert Hardware 319 (11.4; +2.7) [Green (0.0; -3.5)] [BNP (0.0; -8.3)] Majority 1128 Turnout 15.93% Con hold Percentage change is since May 2008. Party defending seat: Con. Cause: Death. East Lindsey DC, Sibsey Con elected unnopposed. Con gain from East Lindsey Independent Party defending seat: East Lindsey Independent. Cause: Death. Forest Heath DC, Eriswell & the Rows Con 400 (45.8; -24.4) LD John Smith 346 (39.6; +39.6) UKIP 128 (14.6; -15.2) Majority 54 Turnout not known Con hold Percentage change is since May 2007. Party defending seat: Con. Cause: Resignation. Hertfordshire CC, Borehamwood North Con 982 (44.5; +5.5) Lab 928 (42.1; +13.2) LD Robert Gamble 170 (7.7; -4.6) Ind 125 (5.7; -0.1) [BNP (0.0; -14.1)] Majority 54 Turnout 18.5% Con hold Percentage change is since June 2009. Party defending Seat: Con. Cause: Death. Hertsmere BC, Potters Bar Oakmere Con 679 (76.6; +5...

This report from NHS West Midlands shows that the number of people with flu-like illness is increasing across the region. Key Messages Across the West Midlands there has been an increase in patients presenting at primary care centres with influenza-like symptoms, this is not impacting on normal service delivery. The number of people with swine flu admitted to hospitals in West Midlands has increased this week. Activity /Rates – GPs This shows the number of patients attending primary care with influenza-like illness, taken from the latest Health Protection Agency QSurveillance data. This data indicates an increase for the week ending 18 October 2009, across England and the West Midlands, but no change within Birmingham East and North from the previous week. The reported rate of GP consultations per 100,000 population within the West Midlands for the week was 39.6 (compared with 33.5 for the previous week). West Midlands average 39.6 (per 100,000) England and Wales rate 36.0 (per 100,000...

Barnsley MBC, St. Helen's Lab 1520 (59.8; +2.2) BNP 590 (23.2; +6.6) Barnsley Independent Group 171 (6.7; -11.9) UKIP 94 (3.7; +3.7) Con 89 (3.5; -3.6) LD Eddie Gouthwaite 78 (3.1; +3.1) Majority 930 Turnout 31% Lab hold Percentage change is since May 2007. Basingstoke and Deane BC, Chineham Con 898 (63.0; +19.1) LD Liam Anthony Elvish 249 (17.5; +7.7) Ind 163 / 18 (12.7; -28.2) Lab 98 (6.9; +1.4) Majority 649 Turnout not known Con hold Percentage change is since May 2008. Party defending seat: Con. Cause: Resignation. Bracknell Forest BC, Hanworth Con 640 (42.4; -14.2) Lab 377 (25.0; -1.9) LD Larraine de Laune 206 (13.7; +13.7) UKIP 139 (9.2; +9.2) Green 77 (5.1; -11.3) BNP 70 (4.6; +4.6) Majority 263 Turnout 23.4% Con hold Percentage change is since May 2007. Party defending seat: Con. Cause: Death. Cannock Chase DC, Heath Hayes East and Wimblebury LD Chris Collis 314 (30.0; +8.2) Con 300 (28.6; -10.9) Lab 267 (25.5; -0.1) BNP 116 (11.1; +11.1) UKIP 51 (4.9; +4.9) [Others (0.0; ...

The saga with the Trafigura injunction and the guardian is an interesting one. There has been a tendency to have secret court orders recently. Part 1 of Article 6 of the ECHR states: In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. This, I think, makes it quite clear when it says "Judgment shall be pronounced publicly ... In the UK and particularly for Family Court ca...

I am pleased to have been told that "no action is required from you" in respect of my ACA claims from my election until March 2009. I ceased claiming in the next financial year (I think I made one claim), hence I can be pretty certain that my ACA is OK for 2009-10. My wife, Christine, is therefore, due thanks for her efforts on filling in these forms. It remains to be seen how many mistakes have been identified in expenses. In the past I have made all sorts of mistakes in paperwork and then corrected them. I do think it is unfair to pillory anyone for making mistakes. However, it has been part of this government's tendency to increase "strict liability" offences and what is sauce for the goose is sauce for the gander - as Patricia Scotland is now clearly aware. My own view is that we need to move more towards a "mens rea" approach to the law where people are guilty only if they meant to do wrong.

The issue of the jurisdiction of courts to keep things secret in an internet age is under challenge today. The guardian is prevented from talking about a question in parliament. That is nothing new although I think it is wrong. However, Guido is currently in St Kitts. Hence as long as his servers are not in the UK he can post what he wants about this. I have an interesting chidlrens case involving two non-UK jurisdictions. My belief is that hence unless an injunction is obtained in the UK that the media in the UK can report it. When you look at the benefits of transparency I think serious questions are raised about the disbenefit of secrecy. I am coming to a conclusion that we need a considerable review of the powers of the courts to keep things secret and to injunct people. As an absolute minimum an injunction on reporting should be time limited in order to determine the truth of something so that a newspaper does not trash someone's reputation because of the pressures of d...

I have done a link to Lenny Harper's post about Jersey and Haut de la Garenne. I haven't managed to read it yet, but the question about justice systems on smaller islands is an important one.

The link is to the treasury release on his speech. So same way that we made the Bank of England independent of government we made our competition authorities independent of government and created one of the most open competition regimes in the world. And although not quite as public a symbol as the Bank of England independence - but unique in terms of labour’s history none the less - we have cut capital gains tax substantially. Even with other priorities to finance – not least the NHS - we have cut capital gains tax from 40 pence down to 10 pence for long term business assets and in budget after budget I want us to do even more to encourage the risk takers , those with ambition, to turn their ideas into reality and make the most of their talents. The question, of course, is how much risk and more importantly with whose money. It still is, however, a good quote to identify.

Within the context of the discussion about Retirement Ages I had some people come to me today concerned about being forced to retire at 65. I wonder if there is a need for a more urgent look at the rules that allow companies to force people to retire at 65 without giving any reason. This does hit willing and competent workers quite hard and I am not sure how the company benefits.

Eden DC, Penrith West LD Elissa Robinson 387 (51.7; +51.7) Con 157 (21.0; -17.6) BNP 102 (13.6; +13.6) Ind 58 (7.8; -37.5) Lab 26 (3.5; -12.7) Green 18 (2.4; +2.4) Majority 230 Turnout 31% LD gain from Ind Percentage change is since May 2007 Epping Forest DC, Grange Hill Con 453 (52.4; -31.1) LD Gavin Chambers 411 (47.6; +31.1) Majority 42 Turnout 17.17% Con hold Percentage change is since May 2008. Fenland DC, March West Con 830 (53.9; -5.2) Lab 460 (29.9; +29.9) LD Ann Elliott 250 (16.2; -24.7) Majority 370 Turnout not known Con hold Percentage change is since May 2007 Ryedale DC, Pickering East Liberal 392 (42.8; +42.8) LD Charles Downes 274 (29.9; -70.1) Ind 213 (23.3; +23.3) Ind 37 (4.0; +4.0) Majority 118 Turnout 34.25% Liberal gain from LD Percentage change is since May 2007 when LD was elected unopposed. City of Westminster LBC, West End Con 526 (60.8; +10.3) Lab 169 (19.5; +0.6) LD Christopher Gonzalez 108 (12.5; -1.2) Green 62 (7.2; -6.4) [UKIP (0.0; -3.3)] Majority 357 Turno...

This report from NHS West Midlands shows that the number of people with flu-like illness is increasing across the region. Key Messages Across the West Midlands there has been an increase in patients presenting at primary care centres with influenza-like symptoms, this is not impacting on normal service delivery. The number of people with swine flu admitted to hospitals in West Midlands has increased this week, as have the number admitted to critical care, although as a proportion of hospital admissions this is still low and not impinging normal activity. Activity /Rates – GPs This shows the number of patients attending primary care with influenza-like illness, taken from the latest Health Protection Agency QSurveillance data. This data indicates an increase for the week ending 4th October 2009, across England, West Midlands, but a decrease within Birmingham East and North. The reported rate of GP consultations per 100,000 population within the West Midlands for the week was 29.5 (compa...