Evan
In the course of the next few days, and as agreed, I will begin the submission of a formal complaint to the Financial Services Authority - please note therefore that in addition to this e-mail being issued to your members, I have, as a matter of courtesy and prior notice, also issued a copy to the FSA.
The complaint will initially be centred on the provisions of the Human Rights Act 1998, and (again initially) will be related to the e-mail issued to IFADU in August by the Financial Services Authority - the FSA formal record of that e-mail can be found here:
The legal obligations imposed by the Human Rights Act apply to "public bodies".
We now have on record via the taped recording of your meeting earlier this week - a clear acceptance (given by Mr Choyce) that both the Financial Services Authority and the Financial Ombudsman Service are "public bodies".
In addition to making a detailed submission related directly to the complaint, I also hope to provide your members (and potentially a much wider audience) with an additional commentary.
The complaint will be based on facts, the commentary will include opinion. the complaint will succeed on the basis of facts, the commentary will point to other facts that will potentially lead to further complaints.
To begin that process of additional commentary, part fact and part opinion, I would highlight the fact that 1997 will turn out to be an important year in all of this.
It was in 1997:
- that the proposals to change the regulations for financial services were first aired, ultimately leading to the FSMA.
- that the proposal to adopt the provisions of the ECHR directly into the UK were first aired, leading to the HRA 1998.
- that the proposals to legislate for freedom of information were first aired, leading to the Freedom of Information Act.
- lastly, it was in 1997 when the proposals for what became the Competition Act and the subsequent Enterprise Act were announced.
Each of these pieces of legislation have an important role in this matter (and in wider areas), but I want to allow the members to gain a wider perspective beyond solely mine of the importance of the Human Rights Act, and to do so I have chosen an address given by Lord Woolf, which can be found here:
Part of my further commentary will draw support from Lord Woolf's comments.
Last but by no means least, the members need to be advised that these are the questions against which I will formulating the detailed complaint.
They are questions of fundamental importance, stretching way beyond their specific relevance to IFADU:
On the 23rd of August 2005, an e-mail was issued by the Financial Services Authority to the IFA Defence Union.
- Did the content of that e-mail breach the terms of The Human Rights Act 1998?
- If so, does it render the subsequent actions of the Financial Services Authority unlawful?
- If so, have both the content of the e-mail and the subsequent actions of the Financial Services Authority negated the deliberations and abused the sovereignty of a duly elected representative Parliament?
- Is this the only example or are there others?
Mike ...
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