You are in the company of Roger Warren Evans, Welsh socialist lawyer and company director, on a journey to work out a new socialist order capable of generating equality and freedom for the world.  Nothing less will do.
   

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Renewing participatory democracy

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A New Socialist Settlement

Bevan
Re-visited
 

Multiple Differential Uncertainty


Who am I? Biography  

 

      051017  Make sure you have not missed
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Week 42  Monday
17 October 2005

Roger
The Authoritarian

I have taken some stick from you, in correspondence, about my proposed reform of asylum procedure.  My suggested "Executive Challenge" procedure would assure to each asylum-seeker to one major "day in Court", with professional legal assistance to present his case to a Home Office "Inspector" or "Adjudicator".  After that, appeals would be limited to errors of law, as is at present the case, after the initial "judicial" Tribunal judgment.  I am accused of being too authoritarian, assigning too much power to the Executive.

I am sensitive to this criticism. The present system respects the traditional separation of powers: there is an "administrative" or executive phase of the proceedings, within the Home Office, and a second "judicial" phase, organised by the Asylum & Immigration Tribunal. Lawyers have been removed altogether from the first phase, and are intended to inhabit the the second phase.  In text-book terms, the theory is sound.

But it is not working.  First, the asylum-seeker, as a total newcomer, often shocked and confused, without English language skills, has to navigate the entire executive phase alone: legal aid for representation was withdrawn from this whole phase in April 2004.  Yet he needs an advocate/friend from the very beginning, if justice is to be done.  Once the fully-argued "executive decision" has been taken - effectively, in camera, without legal intervention - it is very difficult for the asylum-seeker to claw back his position in the second "judicial" phase.  And it is particularly difficult for those applicants (perhaps as many as 50%) who are also denied Legal Aid at the second stage.  Their case is simply adjudged too weak for the UK Government to waste legal aid on its formulation.

The better course would be to give every applicant a lawyer from the outset, and to use more senior adjudicators to take the primary executive decision (perhaps indeed one could use the present "Immigration Judges", who are not really judges anyway, but super-administrators whose re-labelling has been "spun").  The real judicial phase would then consist only of challenges on points of law.

Such Adjudicators would be like Planning Inspectors, appointed to take an executive decision, sometimes with full executive powers, sometimes with power only to recommend a course of action to the Home Secretary.  Such a system would be much more transparent and satisfactory to all parties, cheaper and quicker.


Having discovered this remarkable NASA website, linked with the Hubble Telescope and the NASA Mars exploration vehicles, with its current photographs from outer space, I am reluctant to let it go

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Never miss Steve Bell! His cartoons, from The Guardian - his wit and perception illuminate the absurdities of the political scene... Our political life is diminished by the absence, in mainstream politics. of leaders with capacity to deliver the same punch.

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Weblog Mining

What were we thinking about, at this time in October - last year, two years ago, three years ago?  With modern web-logging, we can check it out - a new form of modern history becomes possible.  This is how the world looked to me, in the middle of October in -

2002 - 2003 - 2004

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      *Recent topics

What New Orleans means for UK >>>

Josef Stalin & "Flat Tax" >>>

Michael Moore lampoons Bush >>>

Corporate Theft by Proxy >>>

A very Welsh Connection >>>

"Moodmeter" measures confidence >>>

What do interest rates mean? >>>

Labour Party my resignation >>>

My uncle, in the Assam Cabinet >>>

Electoral reform My conversion >>>

New principle Public Primacy >>>

The Power of Private Property >>>

Drop the school-leaving age >>>

Countering Fundamentalism >>>

Against Unreasonable Inequality >>>

Abolish Wrongful Dismissal >>>

Adjustment Pay for every worker >>>

Pay Guardianship Allowance >>>

And read my Big Theory itself, at Multiple Differential Uncertainty...  Or try my snappier and more practical analysis of the Corporations and the Left Coming to Terms

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Turkey

Praise the Lord!  In a manner of speaking. Political disaster was averted by the EU decision to launch accession negotiations with Turkey.  We now have ten years to make the case for a culturally neutral political order in our part of the world, one which will progressively match the political requirements of the global community.

The strength of the European Union lies precisely in its potential to regulate the governance of a extended culturally-diverse continental space.  Politics is about the governance of territory, and should be culture-blind. There should be no cultural gateway at the entrance to "Europe", capable of excluding any race, religion or nation. We are currently ascribing far too great a primacy to "religious" views of the world: however convincing some of them may seem, they are as a matter of politics all to be subordinated to the sovereignty of the human spirit, the dignity of each individual person. 

If we seek to define Europe in "monocultural" terms - or indeed in cultural terms at all - that will be a grave setback to the emergence of a truly successful social and political order.  This view was upheld brilliantly by Nick Cohen in a piece about the human rights campaigner Maryam Namazie.  For me, the only relevant "religion" is that of universal human rights.  Or as George Fox put it, in the simple language of his time, our response to "that of God in every man".

  • The future lies with creative diversity, secured by neutral political and constitutional conventions. 

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..drop me a line


The Fabians are a great, enlightened left-wing political community some 7,000-strong - and we have many skills among our number.

Would you like to be added to the monthly Fabian Update e-mail list? Just e-mail Fabian Research

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I love the online newspapers, which are my access to the world - share them with me - click through to their here - they are all just a click away from your desk..

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051017  Make sure you have not missed
the previous edition 
Check it out   
And the
one before that?   
Other recent topics highlighted here

Week 42  Monday
17 October 2005

 

 
       
 

 
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- is that a deal?  Roger WE