The true scale of Labour’s control over its citizens has been revealed after recent figures showed that more than 3,000 new criminal offences were created during Tony Blair’s prime ministership. During the first nine years of his leadership of the country, Labour ministers created a new offence at the staggering rate of almost one a day – prompting accusations of ‘frenzied law making’. The more surreal offences make it illegal for anyone to enter the hull of the Titanic without permission from the Secretary of State or to cause a nuclear explosion. Meanwhile, it is also a criminal offence to sell grey squirrels, impersonate a traffic warden or fail to nominate a neighbour to turn off a noisy burglar alarm. The tally is all the more extraordinary as it comes at a time when violent crime is soaring and Britain’s prison population is bursting at the seams.
Here are just some of the laws brought in:
Polish Potatoes (Notification) (England) Order 2004. No person shall, in the course of business, import into England potatoes which he knows to be or has reasonable cause to suspect to be Polish potatoes.
Oh my God! Not POLISH potatoes! I wonder in heavens name what is wrong with polish, or indeed any, eastern European root vegetables.
Learning and Skills Act 2000. Obstructing an inspection by the Adult Learning Inspectorate.
One wonders exactly how much of that goes on. Plenty I would guess if the government sees fit to make a law preventing it.
Care Standards Act 2000. Obstructing the work of the Children’s Commissioner for Wales.
I am assuming that it is perfectly legal to obstruct the work of the Children’s Commissioner for England, Ireland or Scotland
Natural Environment and Rural Communities Act 2006. In relation to certain invasive non-native species such as the grey squirrel, ruddy duck or Japanese knotweed, selling any animal or plant, or eggs or seeds.
Bugger! I was just about to set myself up in the very business of selling grey squirrels, ruddy ducks and Japanese knotweed. It should also be noted that Grey Squirrels were first introduced to Britain from North America in the 19th Century and that current estimates put their numbers at over 2 million.
However, the real issue here is perhaps the introduction of the Crime and Disorder Act 1998 by Charles Clark which introduced this unsuspecting country the notion of the Anti-Social Behavior Orders or Asbos as the tracksuit wearing, tower-block dwelling, dirty thieving pikey scum like to call them. Because, until recently, it was taken for granted that in order to be sent to a British prison one had first to breach a clearly defined law. That all changed, however, with Asbos, which made it possible for the courts effectively to invent imprisonable offences at whim. In passing an Asbo, magistrates simply have to be satisfied that an individual has committed behavior ‘which causes or is likely to cause harassment, alarm or distress to one or more people’. Upon receiving an Asbo, which can be imposed for a lifetime, the individual must abide by stringent rules, personally tailored for him. Any slight breach can lead to the recipient being jailed for up to five years.
In order to illustrate the complete absurdity of the Asbo, or rather how it was being applied, I would like you to consider a number of genuine Asbos first described in a May 2005 article in The Spectator magazine (FindArticles – Asbo madness). The first concerns that of Mr. David Boag, who at the time of his crime was a 28-year-old warehouseman from Dechmont, West Lothian. Mr. Boag likes to watch the film An American Werewolf in London, not a cinematic classic in the same sense as The Shawshank Redemption for example but not in its self a criminal act one might think. Now David is, I would have to agree a man of strange habits but worthy of 5 years in prison; I think not. David’s problem is that after watching the film he spends some time howling. Not only that; neighbours who have taken to watching him through his curtainless windows have spotted him climb up a step ladder, leap on to his sofa and then dance around the room with a Christmas tree. Whether Mr Boag is a little mad or just eccentric I don’t feel qualified to say. Perhaps he needs to meet some girls, or at least broaden his taste in films a little. What Mr Boag certainly didn’t need was prison, but that is where he ended up. In December of 2004 he was jailed for four months at Linlithgow sheriffs’ court. There is, it turns out, no specific statute in Scottish law against howling, still less one against jumping on to your sofa or against dancing with a Norwegian spruce. But that mattered not a bit when it came to imprisoning David Boag; not when the police, egged on by Mr Boag’s neighbours, had at their disposal the catch-all powers of the government’s Anti-Social Behaviour Orders.
It has been pointed out by Asbo Concern, a pressure group launched by a group of charities recently, that it isn’t so much thieves, vandals and drug-dealers who get caught out by Asbos – they can be prosecuted under existing laws where there is the will to catch them. Rather, most of the thousands of people who have been served with Asbos since they came into force on 1 April 1999 fall into six categories: the mentally ill, the elderly, young children, drug addicts, prostitutes and beggars.
Typical of them is 23-year-old Kim Sutton of Bath who three times has been fished out of the River Avon after attempting suicide. On another occasion she had to be rescued after being caught dangling by her fingers from a bridge over the Great Western railway line. The result? An Asbo which bans her from jumping into rivers, canals and railway lines. The absurdity of this order defies belief. If Ms Sutton feels suicidal again, she is unlikely to be deterred by the threat of jail. But even if she were, there is nothing in her Asbo which bans her from casting herself off a motorway bridge – or for that matter into the sea. One foresees Ms Sutton being pulled shivering from the Bristol Channel, to be followed by several days of learned argument in court as to whether at the point of her immersion that body of water constitutes a river, which would mean Ms Sutton being sent to jail, or the open sea, which would not.
No less bizarre was the case of a man served with an Asbo which prevents him sniffing petrol anywhere on Teesside. Clearly he needs help, but he isn’t going to get it from an order which prohibits him practising his addiction in Middlesbrough but leaves him free to do so on the forecourts of Durham. One youth was served an Asbo prohibiting him from congregating with three or more people. Deciding to reform himself, he went to a youth club – only to find himself arrested for being caught in the company of several dozen youths.
Must dash – I’m off to obstruct the work of the Children’s Commissioner for England.