Here is what I consider to be yet another breech of the Human Rights Act by a government body and the right to privacy. Its yet another letter from the Register of Electors office of Cardiff County Council. No doubt other nonconformists like myself have not returned theirs, and received similar threats of prosecution that this letter includes. Even though this office is aware that since moving here in July 1999 I have never once filled it in and they have never once carried out their threats of court action. From my TV. watching days and all those Law films isn’t there something called president, where if they haven’t in the past then they have no right to in the future.
In the supposition I placed before Cardiff Magistrates court for the 3rd Dec 2001 for Trial for my not filling in of the Census Form, the following was included from the book ‘Human Rights The 1998 Act and the European Convention’ Edited by Stephen Gross, Jack Beaton Q.C. and Peter Duffy Q.C.
4.01 HRA primarily designed to give Convention Rights a vertical effect i.e. To protect the Rights of Citizens against encroachment by the State and public bodies.
The HRA contains no closed definition of a Public Authority
4.23 Under the scheme of the Act a higher court can draw parliaments attention to a legislative incompatibility with a Convention Right by making a declaration of incompatibility.
4.23-10 Because the Bill protects public authorities which are acting so as to give effect to Primary Legislation, even if the action is incompatible with convention rights. There is nothing the Courts can do to provide a remedy to the person affected by their actions. That is why the power to make a declaration of incompatibility is needed in those cases.
Article 8-11 personal information in public authority files.
C8-43 The storage and the use of information concerning a person’s private life in the files of a Public Authority or the Secret Police register amount to an interference with the Right to Respect for Private Life.
Article 8 The right to respect for private and family life.
C8-05 In article 8 Obliges a state to provide remedy against persistent harassment of a person in his or her home.
Section 3(1) Will require Courts to scrutinise on Human Rights grounds those Legislative provisions which clothe Public Authorities with apparent authority to interfere with Convention Rights, or which are the basis of a prosecution, or met with a defence claiming unlawful breaches of Convention Rights.
Also, in Tony Blair’s ‘Bringing Rights Home’
2.2. A new requirement on public Authorities, making it unlawful for public authorities to act in a way which is incompatible with Convention Rights. He further states ‘The actions of parliament however are excluded’.
Well, as far as this member of society is concerned, while parliament might be the top of the Tree as a Public Authority it can never be above Convention Rights. Its only unfortunate that the Court refused to declare INCOMPATIBILITY with regards the Convention and the Census Form. This Register of Electors demand to my mind falls into the same category. Here is the letter and I will explain my position as it has stood for the last years.
REGISTER OF ELECTORS 2008
Several voter registration forms and reminders have been delivered to you since early September with a request to complete and return them to me.
One of those forms must now be returned.
The law requires the occupier, tenant or owner of every household to complete and return the form even if there is nobody eligible to vote living there.
If I do not receive the completed form within five days from the time you receive this letter.
you will find it difficult to obtain credit (Cardiff Council does not have any control over this)
the names included for your address will be removed from the register;
you will lose your right to vote at next years elections;
you may be prosecuted and fined up to £1,000.00 (refusing to respond to this request is a criminal offence)
If the premises were empty on the reference date (15th October 2007) the form must be returned with the words ‘’VACANT HOUSEHOLD’’ written in part 3.
If you have any difficulty with the form, need a new form, or have any doubts about including names, please telephone my staff on Cardiff 2087 2034 or call to see them at room CY2 County Hall, Atlantic Wharf, Cardiff. They will be pleased to help you.
For the Electoral Registration Officer.
Well, lets see Mr. Woodward my Right of Privacy under Convention Rights.
How is it that I would according to you find it difficult to obtain credit by not being on the register???? Is it that banks and others in the business of offering Credit are allowed access to my information from the Council without my permission HUH??? Its there for any crook to get their hands on, oh and Mr. Woodward all that junk mail that this registers prompt from these organisations, not being on the register at least saves me from all that unwanted mail.
You also mention that SEVERAL voter registration forms have been issued me, In Article 8 C8-05 (see above) provide remedy against harassment. I would say that your SEVERAL reminders, much like the TV Licensing Authorities letters are HARASSMENT. Also a waste of public money. Which Council’s around Wales belly ache they have so little of from the Assembly in the coming years. If your dept didn’t waste so much paper, time and resources chasing up this unlawful demand of yours. Maybe the money could be utilised elsewhere, rather than waste it on your department. One form sent ought to be enough, and if you don’t get the reply well tough luck to the voter, Eh Mr.Woodward????
For another our Electoral system does not allow me to cast a NONE OF THE ABOVE vote and have it registered. If you look at the history of my blogs Mr. Woodward you will see that my MP and AM do Sweet Fanny Adams for this constituent and are therefore I would appreciate being able to cast such a vote as no doubt do the 57% of the population who refused to vote at the last Welsh Assembly Elections and then maybe we would not have the current state of affairs whereby 43% the minority, have their government in power not the Achem! MAJORITY.
Then you tell me that you might prosecute me for a £1,000 pounds. I wonder if the Judge at that Trial would have the Balls to say INCOMPATIBILITY, and throw the prosecution out of court like they ought to have done in my Census Trial. Or ask how is it Mr. Woodward that during the last 8 years your dept has HARASSED Crazydave with all these REMINDERS and yet have never issued proceedings. After all what the heck are you being paid to do???????????????????????????
So can someone provide me with an injunction to stop you HARASSING me any further on this, and do the same with the TV Licensing Authority cos I am fed up with their HARASSMENT as well for a charge that is soon gonna be declared unlawful under Monopoly Laws. They are, to my mind. Only forestalling the inevitable, out of fear that those who were in the past prosecuted for none payment of the TV License, will claim damages from the government for wrongful prosecution.
Not that Judge Hickinbottom would agree would you Judge, after all Mr. Hickinbottom cannot even tell when government departments are attempting to pervert the course of justice, when the evidence is as plain as the nose on his face. It’s amazing that he can remain in his job as a judge lacking that ability.
So I wonder in Crazydave .v. the United Kingdom government the ECHR will find in my favour and this letter of Mr. Woodward’s and the Census demand or else will be outlawed as INCOMPATIBLE??????????????????? I AM WAITING PATIENTLY TO FIND OUT. I TRUST THAT THIS BLOG WILL BE PART OF THE Additional evidence the court requires to deal with both, plus of course the BBC Licence Fee.
Love n Light
NO CENTRAL HEATING NO HOT WATER AGAIN OVER XMAS
Oh by the way Mr. Berman et al (Usual Suspects) on Sunday 23rd Dec 2007 my heating and hot water system packed up. I rang Warmplan the installation people on Sunday no answer, so I left a message. I rang them again Monday 24th Dec 07 they said that it only had one year warranty, and it’s the councils problem. I rang the emergency repairs number for the council but apparently only life n death stuff dealt with if you can get through (it was engaged), so I tried a different number which got me through to the emergency leave a message line, so I have left a message requesting an 8.30 am appointment for Thursday 27th Dec 07.
This is the second time in 8 years that the heating hot water system has packed up over this holiday period, and while I cannot prove that it could have been sabotaged by the engineer when he tested it on the 6th November 07. Since he did what ever he did to alter the pressure the gauge has never left the zero red section and leading up to the eventual breakdown of the appliance the radiators needed constant bleeding of trapped air. I have a mind to ask for an early October check in future so that if they have in mind sabotage, it will take effect before the holiday season, when it’s the Devils own job to get something fixed by the Council.
Can anyone explain how in the winter, heating and hot water problems are not on the emergency repairs list???????????? I do have a video record of his fiddling with the appliance but have not uploaded it to YOUTUBE as yet. So it will be 5 days without by on Thursday Mr. Berman, pity I don’t have your home address as I’d nip down to make you aware of the situation so maybe you could insure that there was someone here Thursday first thing, and I would request a different engineer checked it out, as I have little faith in the regular geezer who calls, after all he was the one who wouldn’t re-tape the fire to the wall.
A Happy 2008 to the Citizens of the UK, free from oppressive councils.
Eh Crazydave!!!!!!!!!!!!!! NO more wasted money chasing unlawful bits of paper.
Thank you Mr. John the engineer (not the previous one) came and it to two minutes for himn to sort out the problem, and now I can bath and wash my clothes, as I still have not found any charitable organisation who might provide me with a 2nd hand washing machine, seeing as it is unlikely I could ever pay the loan back to the social security without it causing further hardship. (maybe if the debt had been written off by the water company in 2002 I might have beenable to service the debt necessary to pay Track 2000).
Well no one turned up at 0830 hrs Mr. Berman guess your out of hours people didn’t get the message through. So I rang your repairs call centre where Sarah asked me the rote dumb questions, and the nitty gritty being that in the end I put the phone down on her, do I need to explain why? She couldn’t give me a time or a day when it was likely to be attended to etc me being a single person under 60 years of age seemed to be the major reason.
So I rang to see if David L. John was in. He was I outlined the story so far as best I could, he confirmed that there was a gas engineer on call over the holiday period, so I ask you Mr. Berman why couldn’t they come out to attend. Anyway Mr. John said he would arrange for someone to be here at 1400hrs, I did ask that it is not the regular guy because I still believe that he did something to cause this, because while it was over pressurized before he fiddled with it at least it was working swimmingly, and not without any pressure reading like after he had.
I wonder Mr. Berman if your going to have a look at the practices of your out of hour service and upgrade it, to a more pro active service.
FOR EDWINA HART NOW THAT SHE IS THE HEALTH MINISTER.
Hi there Mrs Hart also today I went to see about a tooth that has broken off at the heath in order to have the root extracted. They did not have my file to hand as they hadn’t updated my details on their digital system, and as I refused to have an x-ray they refused to do the extraction. I asked the assistant to ask the consultant on today what did dentist do before the invention of x-ray, I also stated that if they had trouble with the extraction they had my permission to cut the gum. But that did me no good.
After all they had problems with a previous extraction even when they had an x-ray of the tooth, and cut the gum to remove that, in that instance Mrs. Hart if rather than relying on tools they had used their fingers its my belief that they could have wangled it out with their fingers. So that life experience of mine i.e. (for the dummies) x-rays do not show the whole picture, after all, that tooth curved at an angle the two-dimensional image did not show. Ask them to fish out my file and it should prove my point, that x-rays are not the be all and end all of effective treatment, that the consultant could have gone ahead and removed the root, and if the root was being awkward cut it out.
I wonder if others like myself who have had numerous x-rays of their mouths and don’t believe that they are as harmless as the dentist make out, or who just don’t like them out of superstition or for whatever reason, will be refused treatment like I was refused today???????????????????? Thurs 27th December 07.
I will live with the inconvenience and the pain, until my own dentist finally return to work, but I would like to have this issue looked at for those others who come after me, who might not be fortunate to have a national health dentist to fall back on, and are therefore forced to have that which they would prefer not to or go without treatment. After all dentistry reliance on x-ray is really a sham my own personal experience bears that out. Or am I as black listed on the NHS files as I appear to be on the Councils or definitely on the Assemblies??????????????
LIFE EXPERIENCE WHAT IS IT GOOD FOR, ACCORDING TO THE CONSULTANT ABSOLUTELY NOTHING.
WHAT OF CLIENT LEAD SERVICES IN THE NHS?????????????
END OF UPDATE.
a full list of blogs at http://bbccrazdave.blogspot.com/