Posts Tagged ‘the law’

UK stop and search powers are illegal

Sunday, July 11th, 2010

The Guardian reports:

The Strasbourg court ruled it was unlawful for police to use the powers, under section 44 of the Terrorism Act 2000, to stop and search people without needing any grounds for suspicion.

The widely-drawn ruling said that not only the use of the counter-terror powers, but also the way they were authorised, were “neither sufficiently circumscribed, nor subject to adequate legal safeguards against abuse”.

Vindicated!

Legal use of Terrorism Act 2000 44(2)

Sunday, February 7th, 2010

In follow up to my previous post. So I complained to the IPCC. After a number of initially dismissive letters back and forth, I started to get some thoughtful responses. One clarified that

“Under [section 44(2) of the Terrorism Act 2000] officers do not need to have reasonable grounds to suspect involvement in terrorism.”

This prompted a measured response on my part and now I have received a final letter from a DI of the British Transport Police. The letter acknowledges the recent European judgements, claims that

the vast majority of officers do use the powers of search with a genuine belief that that they are protecting the public”

and that

“whether this as been the correct method of prevention perhaps only time and hindsight will tell”.

(I’m not going to reproduce it here because the letter appears to be personally written, rather than stock or secretary written.)

Well, I’m happy with that. Not happy, exactly, but at least it’s honest. My beef is no longer with the BTP.

Misuse of Terrorism Act 2000 44(2)

Saturday, August 8th, 2009

I just watched the compelling documentary Taking Liberties, which prompted me to finally send my complaint to the IPCC, and finish off this draft.

I was travelling Oxford to Cambridge, and had missed my connection at Paddington Station, London. With insufficient money for a hotel, I decided to just sleep in the station and catch the first train back to Cambridge. It was a cold night, so I plugged my headphones into my iPod, switched it to Pseudopod, pulled my Warwick Atheists hoodie tight around me, and sat on a light for warmth. For the next hour or so, I moved between sitting on lights and sitting with my back to a lit sign on a stall, trying to get most warm and most comfortable. There were a few other people in the station — perhaps in similar circumstances, perhaps homeless and seeking shelter from the outside wind. After some time I was dosing and listening to Pseudopod still, when I was woken (about 01:45 am) by a couple of officers in uniform who informed me that they were conducting “random” stop-and-searches under new anti-terrorism regulations. They asked me why I was there, and various other circumstantial questions. They asked to look in my backpack (which contained clothes, university work, laptop, wires).

Here’s a copy of the receipt they issued me before leaving me to sleep, if you’re interested:

[.jpg]

I looked up “44(2)”, which means “section 44, subsection 2”, presumably, (the only official justification for the search given) and found it in the Terrorism Act 2000. I quote:

Terrorism Act 2000

Power to stop and search

44. Authorisations.

(2) An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in an area or at a place specified in the
authorisation and to search —
(a) the pedestrian;
(b) anything carried by him.

(3) An authorisation under subsection (1) or (2) may be given only if the person giving it considers it expedient for the prevention of acts of terrorism.

From this, it doesn’t seem like “random” searches are authorised, since they by definition can’t be justified as “expedient for the prevention of acts of terrorism.

I am submitting a somewhat abbreviated version of this to the IPCC in the form of an official complaint.

India’s had the right idea

Wednesday, July 22nd, 2009

India has apparently legalised homosexual relations. Progressive! You should read about it over at Koel’s blog, because she’s put the time into thinking about it, and knows a lot more about the situation than I do.

Er…

Thursday, April 30th, 2009

Ahern defends new blasphemy law

Independant.ie writes:

Mr Ahern yesterday defended a fine of up to €100,000 that will be imposed on blasphemers. … Gardai will now have the power to seize blasphemous material from the home or any other premises used by a person convicted of blasphemy.

Okay, seriously now guys, stop it.

This kind of thing used to be funny. We’d be all “heh, glad I don’t live in Saudi Arabia” or “oh, that crazy pope, what’ll he get up to next?”.  But the joke’s run its course and it’s time to give it up and move along, ok?

Remember, we’re trying to build a better world here, and hilarious though pranks like this are, they’re getting a little tiresome.

Labour hates gays, loves Jesus.

Wednesday, April 29th, 2009

Faith Schools Free to Preach Against Homosexuality

Oh fucking hell. The Guardian writes:

[Sir Alasdair] Macdonald said: “What we’re trying to do, and I accept it’s difficult, is find a balance between young people having an entitlement to knowledge, facts, information but where schools, particularly schools with a particular faith interest or other disposition, also have a right to put that in context of their particular institution. “

Why?

Think about that — a balance between young people having an entitlement to knowledge, and an institution’s particular faith interests. This is just so irresponsible.

Ethics versus religion in Berlin; ethics win

Tuesday, April 28th, 2009

Berlin Rejects Religious Lessons

That was fairly close…

BBC News writes:

A referendum in Germany has failed to give children a choice between classes in secular ethics or religion. … Opponents said that any changes to the curriculum would be divisive.

Sanity is preserved.

Ethics versus religion in Berlin

Sunday, April 26th, 2009

Referendum Pits Ethics against Religion

What a beautifully irony-laced headline from Spiegel Online International.

From the article:

Since 2006, ethics has been a compulsory subject for all high school students in Germany’s capital city, while religion is an optional course. The “Pro Reli” campaign wants to change those rules so that pupils would have to choose between ethics and a faith-based religion class. Those classes would be strictly divided along religious lines, with Protestants, Catholics and Muslims being taught separately.

I actually can’t believe this.  It’s like a piece of science fiction.

Faith Schools: Why They’re a Really Bad Idea

Sunday, April 26th, 2009

As the title suggests, this short article is about faith schools, and why they’re a really bad idea.

To begin with, I’m going to have to make some assumptions.  I don’t want to have to argue everything through from first principles, so let me first detail my starting point.  I think I’ll need just three ideological presuppositions to argue my case.  First, pluralism is good.  By this I mean that we should have some respect and tolerance for other cultures and opinions.  Notice here that I don’t mean that all cultures and opinions are equally valid.  In fact, this is my second assumption — cultural relativism is bad.  By this I mean that no matter how strongly a person or group of people believe something, that doesn’t make it true.  Some things really are universally and objectively wrong.  I’m sure we can all agree that genital mutilation and smacking children are not only wrong, but that people who disagree with us are actually incorrect, by some objective metric.  If we don’t submit this point, then right from the start anything goes.  Rape, murder, anything.  If rape is wrong, it’s wrong objectively.  This second assumption may seem to be in tension with the first, but I don’t think it has to be.  We can find the point of agreement by saying that everyone’s entitled to their opinion, but that we don’t have to take them all seriously; though we certainly shouldn’t be dogmatic about which ones we do and don’t.  Finally, I’m going to assume that needless human suffering should be avoided.  Hopefully this maxim won’t require me to defend it.  I should also point out that I’m speaking as a British citizen here, so my knowledge and analysis relate to faith schools as governed by UK law.

I’m basically going to address three things in this essay.  I’m going to detail what I think’s wrong with faith schools; outline some criticisms.  I’m going to try to look at arguments put forward in defence of faith schools, and dismantle them.  Then I’ll try and come up with some suggestions about what should happen.

What’s wrong with faith schools?

The first thing that’s wrong is that kids don’t have a religion.  Richard Dawkins goes on about this (ad nauseam), but he’s not the only one, and I think he’s right.  The key to this point is that to say of an eight year old “Alice is a Pentecostal” makes no more sense than to say “Alice is a Marxist-Leninist” or “Alice is a structural realist, epistemologically speaking”.  All three are complex and extremely specific sociopolitical concepts and one cannot be said to adhere to one of them unless one has spent a significant amount of time understanding their premises and inner-workings.  It seems unlikely that almost any children, particularly young children of a primary school age, have the capacity to do this, let alone having actually tried.

Society doesn’t view children as full people (and this is a good thing).  They aren’t expected to think for themselves in many capacities.  They can’t vote or hold political office, (told you it was a good thing).  They can’t live alone, because they’re considered incapable of taking care of themselves physically.  They can’t have sex, because they’ve not considered capable of taking care of themselves emotionally.  They can’t be tried for a crime as an adult, as they’re not considered able to take full responsibility for their own actions.  They’re required by law to attend an educational institution of one form or another, because they’re not considered capable of finding things out by themselves or of turning themselves into knowledgeable and able citizens.

Another manifestations of this personal irresponsibility is that they shouldn’t be expected to criticise doctrine told to them as fact.  In fact, kids below a certain age are biologically programmed to accept uncritically things told to them by their parents.  It’s a survival mechanism — if mummy says “don’t play in fire”, a non-experimental approach to following parental advice is obviously an evolutionarily fit behaviour.  By extension, kids will uncritically believe things told to them by other adults in positions of authority and power, to whom parents direct kids’ respect.

It might be the case that children of Muslim parents (for example) end up being Muslim themselves, and this is indeed what we observe; but rather than hinting at responsible parenting, this shows that the children don’t have a choice in the matter.  If children could decide for themselves which theological propositions to accept, we’d surely expect to see a random distribution of faiths amongst children; which is of course exactly what we don’t see.

The above argument notwithstanding, the labelling of kids with one faith-tag or another is still unfair, because it segregates them.  If you say to a child “you are a Catholic, but that child is a Protestant”, then you’re automatically separating those children.  The message is communicated that these children are different in some apparently important way.  If it ends up being that children see past this indirect segregation based in superficial differences, it is despite the labelling, not because of it.

This is a problem only tangentially-related to faith schools, but it leads to the more broad point that faith schools are socially divisive.

School may well be a child’s first experience of wider society, and because of this they should be taught to assume that everyone is equal in dignity and worth of equal respect.  Because they obviously are.

Although lip-service is paid to this sentiment by religious leaders, it seems that the very nature of monotheistic religions is exclusivist, and this doesn’t fit with this egalitarian ideal.  Kids at faith schools may be taught to “respect and tolerate” other faiths, but this basically means “we’re right, they’re wrong, this offends god almighty, but let’s not bother them about it in this world”.  This kind of idea must really enforce notions of “other-ness” — we are of a particular faith, we’re special, and everyone else is different to us.  This is an extremely divisive way to talk to children.

Similarly, faith schools connect faith and community in an inappropriate way.  Certainly communities may be built out of faith (or lack of it), but this is also certainly not necessary, and it should never be told to a child that you can’t have real community without a binding faith.

Instead of these things, young children should be taught that imposed divisions in society are always bad (this is obvious), and that people who try impose such divisions are people who shouldn’t be listened to.  We should teach that everyone is essentially the same.  And most importantly, that there’s nothing wrong with people who don’t agree with you.  This is not what one would expect to learn in a faith school.

At this point, I want to digress from faith schools as institutions, and consider the laws the currently stand to require “secular” schools to implement sessions of collective worship.  The following may be found on teachernet.gov.uk:

All maintained schools must provide daily collective worship for all registered pupils (apart from those who have been withdrawn from this by their parents). This is may be provided within daily assembly but the distinction should be made clear.

The head teacher is responsible for arranging the daily collective worship after consulting with the governing body. Daily collective worship must be wholly or mainly of a broadly Christian character. The precise nature will depend on the family background, ages and abilities of the pupils. It is acceptable for schools to split the collective worship sessions over the school year to be 51 per cent Christian and 49 per cent other faiths or interests.

Is there any way in which this is not divisive?  A child must be specifically marked-out as non-Christian in order not to attend a Christian worship-session.  This designates such a child as automatically “other”, and different to (in most cases) the majority of the school.

Those who defend the above are (unsurprisingly) usually Christian, and have feeble arguments.  They might claim that collective worship gives a sense of something greater, that it builds a sense of community inside the school (I’ve even heard it rebranded as collective “worth-ship”, as if that had any bearing on reality), or that it helps build moral values.  While these effects are good, they can be produced (and in fact enhanced) using secular teaching methods.  Instead of collective worship, collective reflection of, for example, less-fortunate members of society, or veneration of community members who work to better the lives of others are surely things which would have a real and positive effect.  These are concrete things on which senses of community may be based.  Ethical questions can also be discussed, even with very young children.  For example, even adages such as the golden rule (“do unto others as you would have them do unto you”) are good and helpful methods for young kids to approach moral dilemmas.

Let me now return to the main argument involving faith schools.

Faith schools teach distorted moral values.  I’m going to take it as read that morality don’t (and can’t) come from religion.  This question seems to be one of the central theses for each of the “new atheist” books released in the last few years, and I think the arguments are fairly clear and watertight.  Ideas of divine moral arbitration are simply incoherent.  But one of the conclusions that I want to reiterate is that morals shouldn’t come from religion.  Just take a look at scripture, and you’ll see that this is the case.

Some religiously-derived ethical rules may be good, but many aren’t, and we can only recognise the good ones through other (non-faith-based) means.  Those that aren’t are also often especially harmful to teach to children.  For example, pupils at a faith school may be taught such things (in accordance with the corresponding holy texts) as:

  • Thought-crime exists.
  • There are things which don’t really hurt anybody, but still hurt God.  (Search for “crackergate”.)
  • Friends who don’t believe in [insert deity name] go to hell and burn forever.
  • God doesn’t reward goodness, only true belief.
  • You are a fundamentally damaged person, with no hope of salvation except through [insert deity name].
  • Men are better and more important than women.
  • The world exists for our benefit, and we are incapable of doing harm to it.

Which basically can be included in the realisation that faith schools teach kids to think badly.  Fundamental to religious teachings is the idea that there are places where scepticism and critical enquiry aren’t appropriate, and these places can include matters of fact, and matters of ethics.  This is not the case.

In addition to learning this, they may be told that God is never wrong, so that if you spot a mistake or flaw in his reasoning, it’s your mistake, not his.  They will doubtless be told that things can be irrefutable true, even if they don’t make sense.  They will learn that not only is belief somehow its own justification, but that in many important cases, it’s actually better to have faith in something for no reason than to have actual justification for thinking it.  (Of course, they may be also taught straight-up factual untruths like intelligent design, but this is obviously crazy.)

Not only are these methods of thinking bogus, they’re really hard to break free from.  If you’ve read some memetic theory you’ll understand how a self-reinforcing idea like “it’s evil to think in certain ways, and even the act of reasoning which things aren’t evil to think is itself evil” becomes a nightmare when trying to escape from it, especially if it’s instilled at a young age.

So what’s right with faith schools? Are there any things which only faith schools can give to children?

Funnily enough, there weren’t actually that many good arguments which I could find in favour of faith schools.  Such arguments would not only need to show that something was good about faith schools, but that such things couldn’t be at least reproduced in a secular environment.  I’ll put down here the non-crazy arguments I could find (e.g., not “but it’s Sharia” or “but the queen is the head of the church”).

There’s a long and honourable tradition of faith-based eduacation in England.

This is usually the first defence of faith schools, but it’s pretty stupid.  There’s a “long and honourable tradition” of xenophobia in England, but this doesn’t give it any credence.

Faith schools teach kids about their own culture.

This argument is used especially in association with religions where the religion and culture are quite closely linked, such as Judaism and Islam.  But this point seems disingenuous, as this learning about culture would be better done in secular community schools, where all aspects of culture may be discussed and explored in a free and open environment.  It also conspicuously ignores the fact that they’re called “faith schools” for a reason: they teach doctrine as fact to kids — they literally indoctrinate children into a particular faith.  And faith and doctrine are totally distinct from culture and community, as I noted earlier.  This argument is usually quickly replaced by

Faith schools are better for teaching kids about their own religions.

I nearly consigned this one to the “crazy” bin and didn’t mention it, but it’s basically the main defence put forward by proponents of faith schools, so I feel compelled to address it.  First off, it assumes that pupils at a faith school actually have a religion which, as I discussed earlier, doesn’t really make sense.  Also, it seems obvious that teaching a child that Hinduism is true is not the same thing as teaching that child about Hinduism in a social context.  Similarly, teaching a child that Hinduism is true would seem to reduce the likelihood that the child will learn about other religions in a fair and balanced way.  Again, this is socially divisive.

It’s a parent’s right to bring up a child in whatever religion they want.

This is the first difficult one to counter.  Whilst I have my own reasonably strong personal views on this, I don’t feel that I can put forward a rigourous and non-emotional argument for them.  I would like to point out that under the law, parents don’t have the right to ultimate control of their offspring.  For example, neglect or abuse of kids is highly illegal.  I’m not equating faith-based education with child abuse here, but merely establishing that parents can’t just do “whatever they want” under the law.  On the other hand, parents are perfectly entitled to withdraw children form school and educate them at home.

But should the taxpayer be funding it, and should the government be institutionalising it?  On this point, it’s worth noting that the real question is almost “should the government be institutionalising Christian education with taxpayers’ money?”, since roughly 99% of faith schools in England are of a Christian denomination.  Whilst interesting, however, this is not relevant to the core issue.

To attack this argument of parental preference, allow me to quote the Humanist Philosophers’ Group’s 2001 BHA publication “Religious Schools: the case against”:

… it is one thing for parents in private to bring up their children to believe what they, the parents, think true and important. It is quite another for parents to expect that the state should undertake the role of transmitting such a belief.  The state has its own interest in ensuring that children grow up to be responsible and capable citizens.  It must design a system of education that serves that end, as well as promoting the interests of children.

It is the State’s role to aid the raising of responsible citizens, not to subsidise the indoctrination of children.  And it is this indoctrination which is the main difference between faith-based and secular education.

So what’s the answer?

According to OFSTED’s report on religion in schools between 1993 and 1997, only about 20% of secondary schools routinely implemented organised worship, though around 90% of primary schools did (or, at least, did on the day of inspection).  The other 80% and 10% respectively are actually defying the law in their omissions.  Is this wrong?  Would we prefer that they all followed this law?  Definitely not.  It’s a rubbish law.

So first we should remove mandatory (and in fact all) organised worship from schools.  There’s just no good defence for it.  There’s nothing to be gained from organised worship which can’t be gained by other means except for proselytisation.  Secondly, we shouldn’t shy away from criticism of religion itself for the part it plays in the debate.  If religion wasn’t espousing such bad methods of thinking and such twisted moral codes, it wouldn’t be such a problem to have it associate with education (although it would still be a problem).  This all basically means that we shouldn’t let the government spend public money on funding faith schools.

Instead, what we should be doing is teaching all kids about all different faiths — we should have religious education, meaning education about all religions fairly, equally, and impartially.  We should teach philosophy and critical thinking, so that kids can be allowed to make informed decisions about their religious feelings.  Finally, or course, we should disestablish the Church of England, and get a secular constitution.

To summarise my view of the debate, I will ask the following question:  If we were starting again from scratch, would we really decide to require most schools build communities outside of faiths, to educate all children fairly and equally, and to foster functional members of society; but to create a few schools, which everyone would pay for, which would indoctrinate its pupils into just one particular religion, and teach non-universal facts and values?  Or would we just like the first kind?

Geert Wilders on trial

Monday, January 26th, 2009

Just read this article. Here are two choice quotes:

Dutch Prime Minister Jan Peter Balkenende said at the time that the film wrongly equated Islam with violence and served “no purpose other than to offend”.

Mr Wilders has had police protection since Dutch director Theo Van Gogh was killed by a radical Islamist in 2004.

Uh…