A fresh instalment in the case of the man, the heroic Jon Platt, prosecuted for taking his chid out of school in term time for a holiday, but was acquitted by Magistrates. Scandalously, bureaucrats on the Isle of Wight appealed against the decision of the Magistrates to throw out the case, only to find that the High Court has found ‘no error of law’ in the Magistrates’ decision, so the acquittal remains. This has now blown back in the face of the bureaucrats, as this decision sets an unwelcome precedent with two High Court judges giving a ruling on the law, and meaning that for years, bureaucrats have harassed parents and got many to pay fixed-penalty notices on what was likely, in most cases, to be a wholly wrong interpretation of the law. As Mr Platt put it:
“Is there really 100,000 parents who are so criminally incompetent that it warrants dragging them to court?”
It appears that the scale of the problem is vast:
According to local authority data, almost 64,000 fines were imposed for unauthorised absences between September 2013 and August 2014.
And are the bureaucrats saying ‘Oh well, the law is the law, we must respect it’? If they are, I can’t hear them.
This is, of course, great news for parents in England and Wales who may now take their children on holiday in term-time without a realistic prospect of a prosecution. It also means that the old and absurd complaint about prices and supply-and-demand, ‘Oh look, holiday prices go up at half-term, how exploitative blah, blah, blah, regulate the holiday industry…‘ will be less easy for buffoons and villains to make out, and there will be a more economic use of resources in the holiday industry, taking use one more step away from the Stone Age.
What’s not to like when the light of freedom flickers more brightly?
A gentleman living on the Isle of Wight took his school-age daughter on holiday to Florida in term time. The child’s absence from school was noted…
The Local Education Authority issued him with a fixed-penalty notice for £60, for failing to ensure that his child attended school regularly. He refused to pay this ‘penalty’ (a bureaucratic alternative to prosecution). The ‘fine’ was doubled (by the bureaucrats) to £120, he refused to pay, so he was summonsed to the Magistrates’ Court by the authority to face a charge under Section 444 of the Education Act 1996 (from John Major’s time).
Sure enough, he argued, my daughter wasn’t in school, big deal. The offence was not made out. Here is the wording in question.
Offence: failure to secure regular attendance at school of registered pupil.
(1)If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence.
So, for those (many) parents harassed, threatened and fined by bureaucrats, they have been acting as if the law required total attendance at school.
The rule of law has prevailed, the offence was not made out, on the prosecution’s case, the case failed. What troubles me is that I find that, in England in 2015, refreshing.
But as Mrs Thatcher once said ‘Just rejoice at that news!‘.
I cannot now remember any more than the general sense of a comment that was deleted by the moderators to this Guardian article:
Rihanna calls Rachel Dolezal ‘a bit of a hero’
(Dolezal, you may recall, was a white woman who pretended to be a black woman. Rihanna is a popular musical performer.)
But the general sense of the deleted comment was similar to these comments, as yet unmolested:
“Changing race pales into insignificance compared to changing sex, but everyone who thinks ‘correctly’ pretends the later is possible and that the result is absolutely valid; it’s about time a famous cis-African spoke up on behalf of trans-African rights.”
“If you accept that Bruce/Caitlin Jenner is female I don’t see what’s wrong with accepting that Rachel Dolezal is black. Who are we to question her identity?”
“Totally agree. I don’t get it – if we can choose our sex based on what we ‘feel’ we identify with, despite physical biology, then why not for race?”
“If a man thinks he’s a woman and must henceforth be referred to as “she,” then why can’t a white woman be considered black if that’s what she thinks she is? Watching the Left grapple with this (cheering on one, while ridiculing the other) was an absolute treat.”
Being a libertarian is, well, very liberating. I do not have to contort myself to fit through the very oddly shaped hoop that demands acceptance of a man transitioning to a woman and demands condemnation of a white person transitioning to black. My exact attitude can remain in a state of Heisenbergian uncertainty. Everyone could be this happy if they could just drop the demand for public acquiescence. Yet it appears they cannot. The assertion that race is objective and gender subjective is so important to some people that an assertion to the contrary must be expunged by the Guardian‘s guardians of public decency. That gives me an idea. We can settle this once and for all in a manner acceptable to progressives and conservatives alike. Never mind having dissent expunged by the moderators, expunge it in blood. Let him, her or xem who will assert that he, she or xe will prove his, her or xir chosen gender and race upon the dead body of anyone denying it by the traditional means of trial by combat. That will get respect.
A previously private exchange of messages on LinkedIn between a barrister*, Charlotte Proudman, and a solicitor*, Alexander Carter-Silk, disparate in age, has erupted into a ‘scandal’ after the barrister took umbrage at the solicitor’s comment on her photo, which he described as ‘stunning’. Not as stunning as her response, it seems, which we are told, set off a ‘Twitter storm’.
Miss Proudman said she found the message “offensive” as she was LinkedIn for “business purposes” and not “to be objectified by sexist men”.
She said: “The eroticisation of women’s physical appearance is a way of exercising power over women.
“Unacceptable and misogynic behaviour. Think twice before sending another woman (half your age) such a sexist message.”
It appears that she ‘connected’ with him on LinkedIn, he viewed her profile and made the offending comment, and she appears to be reporting Mr Carter-Silk for professional misconduct.
The Telegraph has piled in with some allegations about Ms Proudman having what one might call an ‘agenda’, being a member of the Fabian Society, and a feminist opposed to equality with men.
Earlier this year she used the left-wing website Left Foot Forward to explain that she was a campaigner for feminism, not equality, because: “Men live and work in a brutal society, which is maintained through stratified social order based on ritual humiliation, gentleman’s clubs, fights, rites of passage, sexism, and banter.
“When women enter the male realm whether law, politics, or a construction site, they find themselves in a repugnant world in which their only means of survival is by undergoing a fundamental transformation leaving them with little opportunity to make any change.”
If men and women were truly equal, she said, “men’s genitals would be sliced up” in the same way that some women are subjected to female genital mutilation (FGM).
She added: “Equality is harmful to women and most men, as they are required to replicate behaviours that are degrading and dehumanising.”
Some have suggested that the barrister may have ruined her career, after all, barristers work in the main comes from solicitors, and the message one might take from this is that if you offend Ms Proudperson, she would have no hesitation in seeking to a) disregard any convention as to privacy and confidence in communications and b) seek to publicise your wrong-doing as widely as possible, as part of her ‘jihad’ against misogyny. However, it should be pointed out that she was merely seeking to campaign against the ‘objectification’ of women by men, and no one should conflate private and public, indeed her Twitter feed appears to recognise the risk she runs, and frankly I suspect that she will be the ‘poor man’s Mrs Clooney go-to right-on lawyer of choice’ for a while, or perhaps in a while when she actually starts practising.
Will endure misogynistic backlash that accompanies calling out sexism in hope it encourages at least 1 woman2feel she doesn’t need 2 take it
Ms Proudman’s rationale for connecting with the solicitor appears to have been to make professional contacts, even though she is not actually practicing at the Bar as she is doing a Ph.D at Cambridge on
law, er, female genital mutilation.
And there I was thinking that LinkedIn was for recruitment consultants to fish around for prospective clients.
Now what if the solicitor accuses the barrister of sexism, after all, would she have reacted in the same way and taken the same steps had a woman of a similar age and standing to the man provided such a comment on her photo? Not to have done so would smack of ‘disparate treatment’, a cardinal sin to the true SJW.
Is this not an indication that Twitter is, as someone called Stewart Lee said: “The Stasi for the Angry Birds Generation“?
And Lenin was reputed to have said ‘We must teach the children to hate.‘. A lesson that appears to have been well-taught and well-learned.
* For those unfamiliar, the English legal profession is divided into barristers, who do in the main courtroom advocacy and specialist advice, and solicitors (who, unlike Mr Carter-Silk) in the main solicit barristers for their clients and pay them to argue a case in court, and do the preparation work for cases etc.
STL today.com reports that Charter Communications Inc., third largest cable provider in the United States, filed a suit on Friday seeking to block the recording industry from obtaining the identities of Charter customers who allegedly shared copyrighted music over the Internet. Charter filed papers in U.S. District Court in St. Louis in a bid to quash subpoenas that the Recording Industry Association of America issued seeking the identities of about 150 Charter customers.
“We are the only major cable company that has not as yet provided the RIAA a single datum of information,” said Tom Hearity, vice president and associate general counsel for Charter.
The Telegraph has an update about the vote in the House of Lords on the European Union curbs on the sale of vitamins and mineral food supplements.
Peers voted by a majority of 53 last night to call upon ministers to revoke regulations due to implement the EU’s Food Supplements Directive in August 2005. But Health Minister Lord Warner said the vote would make no difference.
The UK is obliged to implement the directive. Failure to transpose its requirements properly would be a serious breach of our obligations under the EC Treaty and would result in infraction proceedings against the UK and in the likelihood of our facing heavy fines. Ultimately, implementation would be forced upon us.
An opinion piece in today’s Telegraph alerts the readers:
A dangerous and disagreeable piece of legislation comes before the House of Lords today. In order to implement the EU’s directive on higher-dose vitamin supplements, the Government proposes to ban nearly 300 products currently on sale in our health stores.
The proscription of these vitamins is the first in a series of EU regulations dealing with alternative remedies. A second directive, covering herbal medicines, is already clanking its way through the machinery of state. There are proposals to regulate homoeopathy, and even to require a standard European qualification for herbalists (who, in England and Wales, have operated under a statute dating from Tudor times).
These restrictions are driven by something called “the precautionary principle”. The concept, emanating from Brussels and very popular with the EU types “holds that nothing should be legal until it can be shown to be safe”. In other words, it reverses the burden of proof.
The issue is not one of science, but of freedom. Here is a horrible demonstration of how the EU system can work, elevating corporate interests over individuals, and tossing aside all considerations of liberty and fairness in pursuit of harmonisation.
Voting against the legislation is, alas, only a gesture, since EU rules come into force automatically in Britain, but it is a gesture that should be made none the less.