An apology from BBC's Jeremy Vine

yeah
thanks
I'm sorry
which was followed by:
N
not at all, sorry about the shortness of the reply - was on air! I am not proud of my giggles, caused (inexplicably) by Mr C's name. On the Bill of Rights I agree with you fundamentally. Jeremy

Original Message
Sent: 18 February 2005 11:57
To: Jeremy Vine Show
Re: Bill of Rights and Mr. De Crittenden

Dear Mr. Vine,

I was somewhat perturbed at your very unprofessional attitude on your programme (1.40pm 16th February) when dealing with Robin De Crittenden. Not only did you mock the Bill of Rights 1689, you failed to even get Mr De Crittenden's first name correct.

What you failed to pursue, and something which your researchers were fully aware, that this wasn't some dusty old forgotten statute, but something which was highly relevant and applicable to the modern day after reference in the case in 2002 Thoburn vs Sunderland...more commonly known as the Metric Martyrs case.

The Divisional Court ruling in the case of the "Metric Martyrs" (sections 62 and 63) said:
"We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional statutes". The special status of constitutional statutes follows the special status of constitutional rights. Examples are the Magna Carta, Bill of Rights 1689 … Ordinary statutes may be impliedly repealed. Constitutional statutes may not…"

Thus, the Divisional Court ruled, the European Communities Act 1972, requiring metric, could and must repeal the Weights and Measures Act 1985 (allowing pounds and ounces), because the former was a "constitutional act" and the latter "ordinary". This is the point on which Sunderland greengrocer Steven Thoburn and his co-defendants were convicted as criminals for selling in pounds and ounces.
Herein lies the conflict. If the Divisional Court's ruling is true, every Local Authority, Government agency and police force that fines people through the post, or on the spot, is now acting unlawfully, since the Bill of Rights Act 1689 was specifically classified as a "constitutional Act". The Road Traffic Act 1991 and others like it are, by contrast, "ordinary" Acts. Unless the road traffic acts expressly refer to the fundamental rights laid down by the Bill of Rights Act (which they do not), they must fall by the wayside since, according to the Divisional Court, the Bill of Rights Act cannot be impliedly repealed. It is a constitutional Act that protects our "constitutional rights".

So, if constitutional Acts like the Bill of Rights and the European Communities Act cannot be impliedly repealed, why are local authorities still collecting penalties from the public without conviction? Presumably, local authorities do so because they do not agree with the Divisional Court; they believe that the Bill of Rights Act was repealed impliedly by the Road Traffic Act. But, if this is so, what is the legal basis for prosecuting traders using pounds and ounces?

Also, on 21st July 1993 in the House of Commons the following was stated...
"The House will be aware that following a recent decision by the House of Lords in the case of Pepper versus Hart, the courts now allow themselves to assess the significance of words spoken in the House during the passage of Bills in order to assist the interpretation of statutes. That has exposed our proceedings to possible questioning in a way that was previously thought to be impossible.
There has of course been no amendment to the Bill of Rights and that Act places statutory prohibition on the questioning of our proceedings. Article 9 of the Act reads: "that freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place outside Parliament."
I am sure that the House is entitled to expect when the case referred to by the Right Honourable Gentleman begins to be heard on Monday that the Bill of Rights will be required to be fully respected by all those appearing before the court."

May I humbly suggest that next time you get a fit of the giggles you make sure that you have done your research first then you may have a better grasp of the subject matter otherwise you may end up just simply looking foolish.

Yours sincerely,

Neil Herron
Metric Martyrs Defence Fund