I do not smoke, so the recent legislation that will soon ban people from smoking in certain public places does not concern me to any material degree.  I do not hunt, so I have not been deprived of my sport by that means.  I do not shoot, so when that is banned, I shall not suffer, nor shall I when the time comes for angling to be outlawed.  I am astute enough to realise that sooner or later however, one of my little freedoms will be the subject of Government interference.  It is for this reason, that when the smokers or hunters or any other minority whose little freedoms have been trampled under foot finally revolt, I shall be there alongside them at the barricades.[1]

I have little doubt that Tracy Williams went too far when insulting Keith Smith, a UKIP parliamentary candidate, in a chat room in April 2004.  Whether he should have issued proceedings for libel is another matter.  Ms Williams’ insults were palpably false and were merely intended to insult.  No reasonable person was likely to take them seriously.  Mr Smith’s victory has done no more than broadcast the nature of the insults to millions of people rather than the few hundred who might have visited the website in question.

My concern is that Ms Williams’ insults were very tame when compared to much of the criticism directed towards other, more powerful politicians, individuals and corporations which routinely appears on UK blogs.  I hope a precedent has not been set.  Many political blogs, though full of invective and bile (and almost certainly libellous) are highly entertaining, very much in the tradition of James Gillray.  It would be a shame to see them gagged, particularly as the media in general now seems to be so feeble in its criticism of big business and big Government.  We shall have to wait and see.[1]

Of course, as a lawyer involved in criminal defence work from time to time, I should be expected to be biased in favour of the English legal system.  I do happen to think that it is sound and works relatively successfully, notwithstanding HM Government’s numerous attempts to sabotage it.  Other legal systems work as well though differently, but in my opinion, none can be described as being better.  Unlike our illustrious Home Secretary, at least I have considerable experience of the English legal system.  I have also more than a nodding acquaintance with other legal systems.  Accordingly, I think I am entitled to say that I am able to make an informed judgment about the relative merit of our own system.  It is true that I am not convinced by the efficacy of an inquisitorial system because I believe that our adversarial tradition is better at eliciting the truth.  I prefer our Common Law over the Roman Law systems of continental Europe but these beliefs on my part would not lead me inexorably to the conclusion that Johnny Foreigner’s system is inferior.

In his lecture to the Commons Home Affairs Select Committee yesterday, Charles Clarke glibly pronounced upon the inferiority of the English legal system as compared to that of the French. In the light of recent events, it is hard to resist the suspicion that Mr Clarke’s sudden conversion to the charms of the French criminal justice system is generated more by a malevolent petulance arising from his inability to convince either Parliament or the Public of the wisdom of New Labour inspired “reforms” supported by his department, in the face of vociferous but principled, learned criticism.  I do not have any confidence that Mr Clarke understands any of the issues involved concerning the subject matter of his current outburst.  I am left with an irresistible impression that he is a man who knows very little and understands even less.  If my assessment is right, that makes him very dangerous.