Pete Robinson: Who's law is it anyway?
17 August, 2007
Have you ever wondered who the law of this land actually belongs to?
Does it belong to the Government? The police? The Queen maybe? How about the judges? Do they own the law?
Wrong on all counts. Read the Magna Carta of 1215 and the English Bill of Rights, 1689.
We own the law. The law belongs to us as a society. We elect government to enact the laws that we require in order to protect our liberty and our way of life as decent people, and we pay parliament handsomely for what they do. We then pay the judiciary and the police to enforce our laws in a manner that we deem satisfactory.
So why doesn't it work that way in today's reality? Our politicians lie as freely as they breath. Judges won't send anyone to our overflowing prisons and the police believe we are the real criminals, while hardened thugs and burglars are 'victims' of our society. Where has it all gone wrong? And how much longer are we going to put up with it?
The old, simplistic idea that laws must always be obeyed to the letter is outdated in these days of 'elected dictatorship', where the State believe it knows better then we, the people. The common argument is that we voted for this Government.
But we didn't. Here in England we voted for a different government, but we got this one thanks to the votes of other nations within the Union who have their own regional parliaments to protect their own interests, a right that English people are consistently denied. We simply bankroll this squalid arrangement through taxation.
Bad, unpopular laws must be challenged. Would anyone pretend the Tolpuddle Martyrs should have obeyed 'the Law'? Were it not for the civil disobedience of the suffragettes women might still be denied the right to vote. We'd still have the Poll Tax if not for the actions of a few.
So why do the 'antis' insist that smoking-ban rebels such as Hamish Howitt must blindly obey 'the Law'? A law that was based on lies, flagrantly against the election promises of the Govt and railroaded through parliament.
Licencees must ask themselves a simple question. If these individuals who challenge the law were to be successful in obtaining an amendment, and smoking pubs were permitted, would you choose to keep your premises entirely smoke free?
Unless your answer is 'Yes' then you should support them.

Readers' comments
Surely the smoking ban poses a massive threat to the continued existence of traditional pubs the length and breadth of the country? I hope you will write a great deal more on the subject, Pete.
Steve - The danger is that soon you may have no business to "get on with". It's not just about the current ban. Unless the trade gets organised in less than 3 years time we will see ALL smokers banned from outside pubs, even in pub gardens and redundant smoking shelters. Perhaps you'd consider that a good thing but by 2010 around 6000 pubs will already have closed down for good, with many more in severe financial difficulties. Most non-town-centre pubs could not survive any new downturn in sales.
neither my husband nor myself smoke but we are the only pub in the village and at least 85% of our customers do. We actually like the no smoking ban on a personal level {plus we have cut the cleaning time practically in half}. We have introduced food into our pub now and it seems to be taking off. The problem we have is we are on a busy main road, so we purposly built a smoking shelter for our customers, at our own expense at the back of our premises. This week we recieved a letter from the local council stating we should not let our customers into the back yard after 9pm! due to noise levels. People fueled up on beer are gonna create some noise I dont care who they are. Seems our local council would prefer up to 40+ people at any one time to stand out on the main road discarding their butts everywhere, once out of our property we are not responsible for any noise level they make, and as for the mess I do clean my back every morning first thing, no way would I keep cleaning the streets whether they are my customers or not, once outside they are not drinking and not on my premises. 9pm is a rediculous time especially at summertime. We have a 2am licience and at least 90% of my customers are hard working people mainly in the building trade etc.The extra % are retired. We have an excellent police record and never get any trouble, {we have three strict rules, no drugs, no under age and if you kick off you're kicked out,} and they work. Its bad enough telling people they can't smoke at all inside but to tell them they can't go out in the yard and under the shelter after 9pm is suicidal. I can see why some people have tried putting out ashtrays after the main doors are shut, and although I haven't done this myself to comply with noise etc it would make things a lot easier. We shouldn't have been forced to go completely smoke free we should have been asked if we wished to be a smoking or non smoking pub, and been given stickers to advertise so people could make up their own mind whether to enter the premises, We have a living to make and are being dictated on how to live it. I understand the goverment is acting in how they feel benificial but a working mans/womans pleasure is a hard days work with a little relaxation at night with a pint and a cigarette if thats what they choose. We are being dictated to by those we chose to lead us, but once again it is one rule for one and another for others.
As chris has just said in his blog, lets get on with our business, please leave all this nonesense behind now please pete. I enjoy your blogs, but i am over tired of the smoking ban now. Let's get back to more colourfull blogs!!!