Saturday, 26 April 2014

How Rights are a curse for communities

Read, if you so please, this press release from Wasdale Mountain Rescue Team and then I will try to explain how Human Rights/Data Protection legislation makes this sort of nonsense ever more common: “At around 8.30 p.m. on Saturday night, a late evening but with many groups still out on the mountain, a ‘999’ call was received by Cumbria Police from a pair of walkers in their 20s who reported themselves as lost and stuck on large rocks somewhere on the summit of Scafell Pike. Their location was digitally established by the team leader using the SARLOC system as being on a rocky path within 100m of the summit. They were very lightly equipped, no spare clothing, no map or compass but did have torches. They had ‘gone on ahead’ of the father and friend on the way to the top and became lost. The father had the only map and compass in the group. If the couple had a map they would not have known how to use it. As they were so close to a busy summit, the team leader worked hard to encourage them to make their way to the top and find some helpful walkers. They were unwilling to move as ‘legs were seized up’ even though they knew the team would take a further two hours to get to them. A limited callout followed, with four team members setting off plus one team member already on the mountain working with a group and a further team member from Penrith MRT already on the mountain. The father and friend, who had presumably given up, were descending via Lingmel Col. They were quickly located by the team member on the fell but the father was not willing to re-ascend to assist in locating his daughter and friend even though their location was now accurately known by the team leader and they were safe on a path although cold and wet. The team eventually brought the pair back down to the valley bottom, after a very frustrating night for the team leader, and reunited the pair with the father who was asleep in his car at the bottom. The incident was closed at 2.30 a.m. Inexperience, lack of equipment, insufficient preparation, inability to get themselves out of trouble, not staying together as a group and a less than helpful group leader (the father) – another avoidable rescue to add to the many the volunteer teams are having to deal with.” So what has this got to do with Human Rights/Data Protection? Well before these twin curses came to dominate British legislation, the MRT would have been more than likely to name the parties involved in their press release. The family concerned would have been humiliated and ridiculed by their peers. Anyone tempted to repeat their follies would have thought more than twice and probably decided to act more responsibly. In fact when the Government first brought in data protection, to safeguard us all from bankers and other pushy institutions selling on our personal details, the Commissioner appointed to police the Act took it upon herself to use the law instead to attack the media. Her name was Elizabeth France and her first case actually involved a newspaper publishing details of a teacher who took a school party to the top of a mountain in bad weather and inappropriately dressed. When the MRT told the Press the name of the teacher and the school, he appealed to the Commissioner under data protection legislation. The result was the start of a remarkable clamp down on details given to the media about all sorts of information which ought to be in the public domain. Never mind that crime victims might want to talk about their experiences to elicit help for the police in catching the culprits; Never mind that traffic accident victims use up public monies for ambulances, hospitals and police; never mind that fire victims are already known to everyone in the neighbourhood and may want to talk about these very public events; none of them any longer have their names released by the police to the media. Of course the media have other sources and you will notice the commonly used “named by local sources.” But police are now so fearful of upsetting “human rights” they won’t even confirm names obtained from other sources. That is why they will never get to hear about any useful information the community might have about these “victims” and which may be pertinent to the police inquiries. And that is why people will continue to act irresponsibly, and make demands on our emergency services with impunity. They know that their actions will never face the scrutiny of their peers. Human rights now trump the right on the wider public to know, at least in the eyes of our misguided legislators and law enforcement agencies.

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