Ross Clark
2 for 1 tickets to Casablanca, this coming Monday
There is no reason why the ability to swat a ball over the pavilion at Lord's should come hand in hand with common sense, but I was nevertheless taken aback at the latest example of Andrew Flintoff's poor judgment off the field. The England all-rounder was let off a speeding fine after his lawyer, Nick Freeman or “Mr Loophole”, successfully argued that he had received his prosecution notice five days too late.
Why hire a lawyer who reputedly charges £10,000 a day just to get you off a £60 fine? Even if he had been banned for a couple of weeks, he could have paid his fine, hired a chauffeur-driven limo and still been better off than pouring money into the pockets of Mr Loophole.
Flintoff's odd sense of proportion is matched only by that of our legislators. Much as road safety campaigners like to moan at Mr Loophole, who has made a career of getting the rich and famous off speeding fines, they should instead direct their fire at the Government for creating so many loopholes for him to exploit. The lawyer's latest success was thanks to a rule that motorists caught by speed cameras must receive an offence notice within 14 days. Why such a tight timeframe? The Government's entire campaign against speeding motorists has, in effect, been put at the mercy of the Royal Mail, whose service is rarely accused of speediness.
The Government is often charged with authoritarianism, yet far from all of the 3,600 pieces of legislation passed every year are designed to stop us doing things. A good number of them seem deliberately designed to prevent law enforcers prosecuting us for doing the things we are not supposed to be doing. Mr Loophole has the luxury of 1,300 pages of motoring law to scour, covering everything from the regulation of red borders on speed limit signs to the length of white lines and the width of speed humps.
It is a similar story with Britain's 4.2 million CCTV cameras, which the Government has effectively disarmed by laying down so many rules about their use. According to the pressure group Camera Watch, nine out of ten of the cameras breach either the Data Protection Act or the Human Rights Act. If you are caught on camera coshing someone over the head, your lawyer can get the evidence ruled inadmissible in court if he discovers that the camera which caught you is only registered “for protecting property”.
Britain's mountain of legislation serves nobody but the lawyers. We have become an authoritarian society for the poor - and virtual anarchy for anyone able to employ the services of a Mr Loophole.
How to Label a Goat: the silly rules and regulations that are strangling Britain by Ross Clark is published by Harriman House
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Considering government is made up of a disproportionate number of second rate lawyers who never actually practiced law, its no surprise we're in this mess. Labours targets have always been about the quantity rather than the quality of legislation and it shows.
Mike, Alicante, Spain
I totally disagree that the 14 day timeframe is unreasonable. Why should the government be able to prosecute us whenever it wants while we are timeframed into insanity. Legislation is no replacement for good character building. Science and technology do not build character. Classical eduction does.
John Morgan, Old Stratford, United Kingdom
Exactly the same is true of "tax avoidance", which has always been understood to be both legal and ethical. Governments make the laws, and all they can ask of citizens is that they obey those laws. Yet today HMRC and the Treasury are implying that tax avoidance is somehow immoral.
Tom Welsh, Basingstoke,
A good point. When will people realise that legislation is not the only way to reform the law. Legislation, as history shows, is actually a very poor vehicle for legal change. The problem with modern legislation is that there is just too much of it.
Pookie, Edinburgh,
Fussy legislation makes lawbreakers of us all. It becomes impossible for individuals, employers, shopkeepers and motorists to comply with all the laws, so we take an increasingly 'banana republic' view of the law. What can we get away with and what will actually be enforced?
Frank Upton, Solihull,
These are not "loopholes" at all, a word which surfaces at such times to cover the real reason that offenders are not prosecuted, which is incompetence. The relevant rules are put in place for our protection, to ensure that authorities adhere to standards which prevent abuse of our rights.
Edward Murdoch, Glasgow, UK
Let's see all these laws easily on the internet. Lots of laws come from the EU - however there is as yet, no simple way to see which are our laws and which are EU laws. How about doing an FOI (Freedom of Information) request to make laws/regulations easily available online?
http://www.opsi.gov.uk
Hugo van Randwyck, London, UK
If you employ people to make Laws and regulations, they'll churn them out by the thousand. If you employ them to put their hand in your pocket, they'll spend like drunken sailors. How could it be otherwise?
Ken Leyland, Liverpool, U.K.
"Britain's mountain of legislation serves nobody but the lawyers."
"That is precisely the idea General, that is precisely the idea."
President Muffley in Dr Strangelove
Mark Lyndon, London, UK
The legal convention of the Postal Rule means that documents are deemed to be served the day they are posted, not the day they arrive.
Peter, London, UK
Mr Loophole will have been able to claim his client's costs from central funds so Flintoff should be paying nothing - the taxpayer pays Mr Loophole's bill!
Marge, Nottingham, UK
Yes, aren't these laws terrible. Why don't we just trust the government to do what's right for us? Do we really need any laws at all?
Mod, London,
14 days should be adequate to get a NIP to the registered keeper. There is good reason for having this deadline - any longer and there would be a serious risk that where a vehicle is used by more than one person, they would be genuinely unable to remember who was driving on that day and time.
Steve Walker, Manchester, UK
You make valid points about excessive hasty legislation but I hope your book is a bit more legally accurate. The 14 days is set from when the notice is posted (so leave the Royal Mail out of it) and the bit about CCTV is legal baloney. It would be admissible regardless of the reason for placing it.
Chris, Norwich, UK
Government deliberately creates loopholes in legislation to ease the protests of pressure groups. Legislation against the retail trade, for example over comparative pricing and falsified reductions, has been totally ineffective and is nothing but calculated deceipt.
Maurice Smith, Medway, UK