Dennis Noel Kavanagh Profile picture
Feb 12, 2024 14 tweets 5 min read Read on X
1/ @SamFowles, you've written a libellous and legally incoherent attack piece on the gender critical cases in the UK and you should withdraw many of the suggestions you make and correct the public misinformation you've spread here. I'll identify precisely what I mean.
2/ This is a complete misstatement of the law and it's scurrilous for you to suggest any of the cases you list later involved the brave women concerned "attacking" anyone. As a matter of fact the Equality Act protects any belief that passes the Grainger test, not just GC views. Image
3/ It is frankly absurd to compare UK law on free speech to the entirely unrelated question of gender recognition in countries that are not the UK. You may wish to read the Lady Chief Justice's recent comments in the Court of Appeal Criminal Division re political speech on this. Image
4/ This suggestion is unburdened by evidence and is wholly unwarranted. Frankly, how dare you, as Counsel publicly libel decent women like this. Maya, Allison, Rachel, Denis and Professor Phoenix have not publicly attacked anyone. You are lying. This is a lie. Image
5/ This demonstrates a complete, and I would suggest wilful misunderstanding and misrepresentation of the cases. May I remind you in Bailey aggravated damages were ordered. That was no mere "error", that was the ET visiting egregious wrongdoing by an employer with consequences. Image
6/ Putting aside your disgusting and desperate comparison to anti-Semitism, in this paragraph you descend into ludicrous hyperbole. No piece of case law is affecting anyone's existence, it is frankly ridiculous to see a member of the bar making such a silly overheated claim. Image
7/ Housing male rapists in the female prison estate is a safety issue. Men in rape crisis centres is a safety and dignity issue. Men in female spaces is a safety issue. Further, I suggest you read @NoXYinXXprisons's research on the prison population. Image
8/ I notice here you fail to mention Bailey was entirely correct in what she said. The workshop's very title referenced "the cotton ceiling" which is a TRA concept for lesbians who maintain their same sex boundaries. How dare you not mention Allison was telling the truth. Image
9/ You don't mention here the ET found this comparison to be a wholly unacceptable instance of workplace harassment. Or that it featured in a long list of appalling behaviour by TRA staff. In failing to mention this, you again misinform. Image
10/ Legally illiterate again. I challenge you please to cite specifically in *any* judgment evidence for this ludicrous claim. I want the paragraph number and direct quote please you say justifies this. You cannot go round misinforming the public on law like this. Image
11/ Singling Maya out here is mendacious. This was a big issue. It was discussed by many including Emma Barnett on Women's hour. Graham merely pointed out that telling rape victims to "reframe their trauma" was wholly unacceptable. The stock attack is also misleading and silly. Image
12/ It is frankly ludicrous and misleading for you to frame the competing rights claims here as speech versus life. That is legally incoherent and you are simply inflaming matters for clicks. This is appalling behaviour to see from Counsel. Image
13/ In light of the above, I call on you to correct this misleading piece and apologise to the people you've named here for your gutter suggestions they have done anything other than bring lawful claims which were properly decided in their favour.
14/ Might I also point out Allison Bailey is another member of the bar and she is not here to defend herself. While you shouldn't be libelling anyone, it is particularly disappointing to see you attack Counsel in the way you have and I ask you to reflect on that.

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More from @Jebadoo2

Jun 26
1/ The conversion practices bell contains no statutory defences. This is unusual. Let us imagine a parent who wants their daughter to grow up to be a happy lesbian rather than to take puberty blockers and hormones. There is no defence of "her welfare was my paramount concern" Image
2/ That seems draconian. A parent in this situation would probably admit they intended by some act (like conversations about drugs) to cause their daughter not to have a transgender identity or believe she does. So the parent here admits the first part of the offence in clause 1 Image
3/ In order to secure a conviction the Crown then need only prove the daughter was caused serious alarm or distress that had a substantially adverse affect on her day to day functioning. Serious distress is, of course, (sadly) very common in children in this situation. Image
Read 6 tweets
Jun 26
1/ Let's just compare the draft Conversion Bill with the Serious Crime Act 2015's offence of Controlling and Coercive behaviour in an intimate or family relationship offence to get a sense of the scope of the offence. You can see here that for CC you need some real connection. Image
2/ Now if you compare and contrast that to the Conversion draft bill there's no such requirement and there is no duty of care/proximity requirement at all. This is very wide for a criminal offence combined with the fact the offence can be "any conduct". Image
3/ That certainly means parents could be prosecuted, but there's no reason to stop there. Companies can commit this offence and can be prosecuted for failing to reasonable steps to stop the offence being committed. Some charities are body corporates depending on their structure. Image
Read 6 tweets
Jun 26
1/ As it stands, The Conversion Practices Bill permits a private prosecution of the conversion offence. I predict big trouble ahead here with various outfits like the Good Laugh Project and Stonewall weaponising this legislation and I'll explain why. Image
2/ First point to make is the default position under the Prosecution of Offences Act 1985 is that any either way offence can be privately prosecuted in England and Wales (but not Scotland). Now, you can see in s.6 there the CPS can jump in if they like and take over/drop the case Image
3/ Now what you normally do with serious offences or politically contentious areas of criminal law is to put them beyond the reach of private prosecutors by requiring permission to prosecute from the AG or DPP. Here are some DPP examples from the CPS website. Image
Read 8 tweets
Jun 25
1/ We do have conversion therapy in the UK, but we call it "gender affirming care". 80-90% of the kids and teens that constituted the Tavistock cohort were same sex attracted

Today, Labour's announces their own section 28 to cement this vile practice with a "conversion bill" Image
2/ The first point is that offence includes "inchoate" offending (which means attempting).

As I read this, attempting to persuade your teenage lesbian daughter not to take testosterone is an attempt to cause her not to have a transgender identity, so that's that box ticked Image
3/ Saying you won't pay for the testosterone is economic pressure and saying it will harm her is emotional pressure. Preventing her from seeing some quack like Helen Webberley is controlling behaviour. You with me so far? Image
Read 11 tweets
Jun 20
1/ The 2012 Tavistock patient survey showed 80-90% of the teenagers there were same sex attracted. Something like 30% were on the autism spectrum. Staff at the Tavistock had a dark joke "soon there will be no gay people left". Senior leadership resigned because Mermaids ran riot
2/ This is the real gay conversion therapy and it's the real drive to sterilise the autistic. In Hannah Barnes ground-breaking work "Time to think" she set out how ideology came first at the Tavistock and children were collateral damage. Now the government wants to repeat this. Image
3/ "Puberty blocker" is a grotesque euphemism for chemical castration agents that have in the past been given to sex offenders. They are serious drugs that cause serious harm and 90% of kids on PBs progress to cross sex hormones rendering them infertile.

Read 10 tweets
Jun 13
1/ Zack and pals are peddling the attack line “no jury convicted them of terrorism” to try to undermine the sentences in this case. Let me explain why this is fundamentally wrong. In a criminal trial the jury is the judge of the facts and the judge is the judge of the law.
2/ What that means for practical purposes is the jury decides whether they are sure beyond a reasonable doubt that the prosecution has proved its case and the Judge decides issues of law like what evidence is fair to go before them. Law also includes sentence.
3/ It has never been the position juries pass sentence or play any part in the sentencing process, that is not our system and in fact, Counsel are expressly forbidden from mentioning sentence consequences to juries during the trial because sentencing submissions are for the Judge
Read 10 tweets

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