STRAIGHT FROM THE HORSE`S MOUTH: THE IMBECILITY OF IT

Commenting on cases at the Appeal Court is generally for those above the pay grade of a magistrate especially one who`s retired but sometimes there are cases which demand a flicker of interest either for the matter in principle under appeal or as a subject which might eventually trickle down the legislative slope to affect everyone. 

I have commented not infrequently that it is only when they are retired that very senior members of the judiciary occasionally give their opinions on subjects which by their very nature are of concern to many.  One major difference between the British legal system from that of the Americans is that in their pursuit of democratic reforms during the Jacksonian era 1829 to 1837 the English tradition of appointment by state governors of judges was under pressure insofar as it was considered a non democratic process retained from the colonial period.  In 1846 New York State was the first to elect its judges when its constitution was changed.  By the time of the civil war most states had elections for judges. Reformers believed that appointed judges were too closely tied to political elites and lacked accountability.  After 1865 the principle of electing officials in many posts was firmly established. 

And where are we in England?  Last week to little fanfare a historic decision was made in the Court of Appeal that the secretive way judges are appointed via an ‘old boys' network could be at an end.  Commenting on the outcome Stuart Fegan, GMB union national officer, said: “This is an incredibly important ruling and a victory against the old boys’ network that’s dominated our judiciary for too long. Although the Court did not quash the JAC’s decision in Judge Thomas’s specific case – largely due to insufficient information and late disclosure – she can feel truly vindicated."

The justice system in this country moves at a rate that would make the erosion of glaciers seem hypersonic in comparison.  The "we know best" attitude that underlines so much of the way this country is run has not been a glowing success if recent and current statistics on so many aspects of our society are meaningful. 

Housing or the lack thereof must be one of the major blights on the way fundamental requirements of UK government`s overseeing of our lives is failing so many millions.   In the UK during 2024 England recorded approximately 164,000 dependent children living in temporary accommodation at the end of the quarter July–September 2024;  the highest level since records began according to publications.parliament.uk

By the end of December 2024 that figure rose slightly to 165,500 dependent children living in temporary accommodation in England representing a 13.7% increase compared to December 2023. The future of these children is almost certainly one in which they will be hard pressed to reach their full potential. And yet the supply of rented accommodation has for decades between a tug of war between government and local authorities and landlords: standards being the concern of the former and return on capital for the latter. Government action is to increase regulation and reduce financial incentives for landlords the whole process more like two kids on a seesaw than an honest realistic non party political way of offering security and permanence for those who need it most. Licensing of rental properties has become like a tennis ball at Wimbledon with proposals tabled and rejected as is the case in Luton.

Official secrecy has been an integral part of the manner of British parliamentary and legal practice for centuries.  Whilst there can be no such thing as truly open government light must be shone upon the more obscure or remote of many activities currently in the shadows behind closed doors.  The recent revelation  of a super injunction re Afghans requesting emergency evacuation to this country is a fine example.  The Watergate burglary in Washington DC on 17 June 1972 gave a new term worldwide for government cover up of a scandal.  Just think of how many such events have been revealed in Britain this century from Hillsborough, tainted blood scandal, post office scandal, myriad medical scandals, cash for honours, MPs` expenses,  Iraq War Dossier / "Dodgy Dossier", Windrush scandal, Cambridge Analytica, COVID-19 PPE Contracts / "VIP Lane", Partygate to name but some of the most infamous.


The election of Police and Crime Commissioners has been anything but a success and no doubt is in the minds of Whitehall flunkeys when any suggestion of more open and/or elected officialdom is mooted. Perhaps the British of 2025 are not the irascible citizens of a bygone era. Perhaps it was that irascibility that was a counterweight to the unknown few who were running the country. Tony Blair has confessed that with regard to the Freedom of Information Act, "You idiot. You naive, foolish, irresponsible nincompoop. There is really no description of stupidity, no matter how vivid, that is adequate. "I quake at the imbecility of it".

One might conclude that the above, straight from the horse`s mouth or lack of it sums up this entire post.