John Hemming's Web Log

This is an article I wrote in the Sunday Express which is published today. By this it does not mean banning girls from marrying princes but is talking about criminalising “emotional abuse”.  We are told it is a contender for the forthcoming Queen’s Speech. There is no question that there can be situations where children are traumatised by the way they have been treated but the Government does need to think through the details before enacting this law because this is one of the most complex subjects we face. Where and how do we draw the line and on to whom should we place responsibility? Let me assure you of this: you would not want your family sucked into the murky and sometimes nightmare social care system based on vague definitions.  I have spent many years campaigning in this area with Justice for Families.  I have seen appalling miscarriages of justice where troubled families are ripped apart by social workers and court-appointed experts claiming that ...

This case is an example of the judiciary seeing through the nonsense so often spouted by local authorities and their friends in cafcass. Sadly, it is a rare example.

Thanks to Wendy Pearson. The boundary changes of 2005 ignored the boundaries of 699. (Hwicca/Mercia). These maps, however, are more recent (than 699).

In The Telegraph, Christopher Booker reports on the mass petitioning of the European Parliament about state sponsored child stealing in the UK. This week, for example, a Portuguese Family involved in that protest were arrested. Their case has been widely reported in the Portuguese media including the English Speaking Portuguese Media such as This Story in "Portuguese Resident. On Wednesday night a South Korean Couple were arrested in South Wales trying to escape the country with their baby. This case has not hit the South Korean media yet, but I would expect it to be quite high profile. I referred to the case in the Deregulation Bill Committee the minutes of which can be found here . (I say "The gentleman is called Jeong Hugh and he is the PhD student living in the UK. ") The Council of Europe have been enquiring into the UK. I have suggested that parliamentary committees do an enquiry. However, the enquiries that have run so far have been dominated by the p...

I have not tried to take photographs of all of the parade. Others are doing that with better cameras than my phone. I shall see if I can bring together links to photos of the parade later. I have, therefore, only one photo and one video. and This parade was the best weather for over 10 years. 2003 (if I have the year right) when the parade went to Victoria Square was really quite hot. However, today was just about right. Warm enough to encourage the crowds, but not so hot as to wear people out. Photos on net (I am giving one link to the photographer, even if they have done lots of photos): Steve Piggott Photography An unusual rear view of Tipperary against Selfridges Ell Brown @traceythorne Free Radio (Previously BRMB) Brian AC37 Codregor Jas Sansi Heart Radio BBC Birmingham Mail NativeMonster Demotix

Today there were a number of votes in the care bill. It is our view that local consultation is key when it comes to running the health service. There were many people that opposed the health reforms wanting the health service to be run by the Minister and the Minister's appointees. Our view, however, was that it was better to bring in health service reforms to Clinical Commissioning Groups to give local control rather than central control. In the Care Bill today there was a discussion about how to deal with services in crisis. Quite a few of the Lib Dems were unhappy that the original proposals moved too far away from the principle of local consultation. Hence Paul Burstow tabled a new clause (known as New Clause 16) to promote local consultation. During this process there were a large number of negotiations headed up by Paul Burstow. I am pleased to say that considerble progress was made. As a consequence of this the signatories of his new clause did not press the new ...

No words are really needed.

See this question here . John Hemming   (Birmingham, Yardley, Liberal Democrat) To ask the  Secretary of State  for Work and Pensions if he will take steps to encourage local authorities to make longer term awards of discretionary housing payments for those people with disabilities. Hansard source  (Citation: HC Deb, 10 March 2014, c16W) Steve Webb   (The Minister of State, Department for Work and Pensions; Thornbury and Yate, Liberal Democrat) As announced in the autumn statement discretionary housing payment (DHP) funding will actually be increased by £40 million in 2014-15 to £165 million. The increase in DHP for 2014-15 is relative to the previously announced Government allocation for 2014-15 of £125 million. This gives local authorities the confidence they need to make longer-term awards for people with on-going needs. DWP  provides local authorities (LAs) with a guidance manual regarding DHPs, along with a good practice gu...

The Deregulation Bill is called as "Christmas Tree Bill". That is because it has lots of different baubles attached to it from a legislative basis. I happen to have been on the pre-legislative scrutiny committee for this as well as the regulatory reform select committee. In fact a lot of the issues in the Bill are both interesting and important. Yesterday, for example, there was a discussion about Apprenticeships. These are important as they are a good route into work for young people. There has been a big growth in apprenticeships under this government. Labour have been critical because many of the apprenticeships are at NVQ level 2 rather than level 3 or 4. In fact about 60% are at level 2. Labour, therefore, proposed an amendment to the bill to ban apprenticeships that are level 2 (ie scrap the Intermediate one, the Advanced one is Level 3 and the Higher one level 4). I will hunt up the record of the debate from yesterday when it is published. However, I think...

This story today reports that there may be more Shale Gas in Northern England than was previously thought. Within the report it says: "But it could take two years to see if the gas is commercially viable." Realistically no one knows with any great certainty what fossil fuels remain under ground. It is important to remember that it takes energy to get fossil fuels out of the ground. The harder to get hydrocarbons take more energy. That is a key factor in whether the fields are "commercially viable". On the right hand side of this blog I display the Oil prices for West Texas Intermediate and Brent. The difference between the two historically was low. Shale gas production in the USA drove down the WTI price (gas could not then be exported from the USA). What is happening now is that the prices are coming together (or moreso WTI is going up to Brent). The conventional wisdom is that with the USA becoming an oil exporter again and additional oil from Iraq an...

This case shows that Habitual Residency is not just an issue as to where someone is living. I think the court decision is in fact wrong as the links to the UK had been cut. However, I am aware of cases where people have left the UK, but continue to claim benefits in the UK. That would mean that they are inherently habitually resident in the UK. To change habitual residence is more than just flying out.

More information about Badger vaccination.

This story in the Daily Mail reports on This case (Re NL (A child) (Appeal: Interim Care Order: Facts and Reasons) where Pauffley J has looked at the issue of a case in the FPC where the Justices basically rubber stamped a document from the local authority. Another important case is Re C (A Child) where the president of the Queens Bench supports a call for proper procedure to be followed in terms of dealings in the court of first instance. The President of the Queen's Bench Division: I agree with both judgments. Having seen the judgments in draft, Ms van der Leij has expressed concern about the comments at paragraphs 10-11 of Macur LJ and paragraph 36 of Aikens LJ dealing with the e-mail exchanges subsequent to the hearing. She observes that "it is by no means unusual for practitioners in the Principal Registry to e mail district judges directly seeking clarification of matters raised in a hearing". It is one thing, if invited, to make submissions in relati...

I have had this judgment pointed out to me. The election commissioner was the same person as handled the election petition in Aston and Bordesley Green. This was a case where the criminals were Lib Dems. I shall extract some parts of the judgment: The judgment is worth reading as a whole. 11. Sadly, therefore, this is yet another case where the United Kingdom's shambolic electoral system has led to an election being challenged on the ground of widespread fraud. Afterword The Birmingham judgment was the first arising from mass electoral fraud resulting directly from the introduction of postal voting on demand. I had hoped that, by drawing attention to the flawed basis of the scheme and the opportunities it had created for vote-rigging on an industrial scale, public and Parliament would be alerted to the problem and that something might be done about it. I was wrong. In Slough, where the problem of roll-stuffing came to the fore and where the combined effect of a wholly ...

This is the debate: http://www.publications.parliament.uk/pa/cm201314/cmhansrd/cm140212/debtext/140212-0003.htm#140212173000001   This is me arguing my view that spending cuts should be in proportion of spending power. John Hemming (Birmingham, Yardley) (LD) : I thank the Minister for meeting MPs from Birmingham to look at this issue, and I congratulate hon. Members generally on highlighting the difficulty of working out what a fair system is for allocating local government finance. The Government have focused on percentage reductions in spending power. Does the Minister agree that, after incentives, looking towards the reduction in percentage spending power, not absolute spending power, provides an equality of pain that gives us a way forward? It takes into account the fact that in areas like Greater Birmingham, where people work in Birmingham but live around it and require services from Birmingham but are not contributing towards—  Brandon Lewis: Thank you, Mada...

This is a video I produced yesterday for a family now living in France Their story has been reported in the Sunday Telegraph and last appeared on Sunday in Christopher Booker's column.

This story relates to a french case where the judges have indicated that an English LA is wrong. That is added to the Italian case reported before Xmas and a number of Irish cases. When you add this to all the foreign governments complaining this should have a bit more concern from government. It is true that progress is being made and now more appeals are being given in England and Wales. In fact it may appear that the system is getting worse when actually it is getting better. In the past the appellate system basically didn't work. It is now starting to work, but it has a long way to go. The appointment of non family judges to family court of appeal cases is clearly having a positive effect as well.

I rebelled against the party whip today voting to keep the lords amendment 112 on Miscarriage of Justice compensation. My reasons are that the government position shifts the burden of proof. The lords amendment, which was supported by the majority of law lords basically creates a threshold which is that a conviction with the new evidence would be guaranteed to fail. I did not support government or opposition on the amendment in lieu. I think it marginally improves the wording, but creates a mixed message as I am unhappy with the burden shifting.

This story from Ireland highlights a number of issues. Obviously there is a lot about this case (I am not aware of the case myself) which is not known. In essence, however, it confirms my advice that the authorities in Ireland will apply to take children into care at the request of English authorities whether or not they would ordinarily take the children into care were they not to be English families. Interestingly, however, the courts still follow the law from time to time in Ireland. I am aware of cases where the Irish courts have not followed the law properly.

The following is from WEST Midlands Police and benefits constituents who have 125cc Motorbikes Motorbike marking a UK first WEST Midlands Police are the first force in the UK to offer free motorcycle DNA marking for cyclists in a bid to beat bike thieves. Thieves are stealing 125cc motorcycles and breaking them up for parts. The parts, which are not individually marked, are then sold on making them difficult to trace and, if recovered, hard to reunite with their owners. In what is believed to be the first initiative of its kind in the UK, the Force have teamed up with six motorcycle dealers across the region to offer free DNA motorcycle marking. Each of the dealers has 150 marking kits, paid for by money under the Proceeds of Crime Act. The kits, which normally retail at about £30, consist of a bottle of DNA fluid, with which each part of the bike is painted.  This fluid dries and is not detectable by eye but contains micro dots that are then uniq...