Metric Martyrs

Metric Martyrs

The Metric Martyrs are a British advocacy group based in the United Kingdom who campaign for the freedom to choose what units of measurement are presented. The group states that it believes that vendors should have the freedom to mark their goods with any units they choose. This can be solely imperial units, solely metric units or both.[citation needed] Newspapers dubbed the group the 'metric martyrs' after Chris Howell, then weights and measures spokesman for the Institute of Trading Standards Administration, said that they could martyr themselves if they wanted to.[1]

The advocacy group was formed when several members were fined for offences, including not displaying metric signage, and for using illegal uncalibrated weighing machines (which the government refused to certify as calibrated). In Thoburn v Sunderland City Council the fines were challenged in court; the verdict was in favour of Sunderland City Council, upholding the imposition of the fines. The challenges were made on the grounds that British law does not prohibit the use of imperial units when selling loose goods, but metric units must be displayed simultaneously.

Contents

Legal cases

In 2001 Steve Thoburn, the main defendant in the original case,[2] was convicted of two offences under the Weights and Measures Act of using weighing equipment that was not stamped by a Weights and Measures Inspector.[3] The stamps had been obliterated because the scales were not capable of weighing in the metric system as well as imperial, and hence were no longer permitted for commercial use.[4] He was initially convicted and given a six-month conditional discharge.[5] Thoburn died of a heart attack in March 2004.[6]

Colin Hunt was convicted[2] in 2001 of six offences under the Price Marking Order 1999[7] for failing to display a unit price per kilogram. In addition, he was convicted of four offences under the Prices Act of 1974[8] of delivering a lesser quantity of goods than corresponded with the price charged.

John Dove and Julian Harman, were also convicted[2] in 2001 of two offences under the Price Marking Order 1999 of failing to display a unit price per kilogram, and of two offences of using a scale that was only capable of weighing in the imperial system.

Peter Collins, who was prosecuted in 2000, was not convicted of any criminal offence.[2] Collins appealed to the magistrates court to have laws on his street trading licence removed[clarification needed]. These laws, to which all traders are subject, required him to label his goods in metric quantities with imperial quantities allowed only as optional, and less prominent, supplementary units.

Nic Davison in 2008 was served with an infringement notice for selling draught beer by the litre at his Polish restaurant in Doncaster. Trading Standards officers threatened Mr Davison with a Magistrates fine of £2000, and he was obliged to change the glasses used in his restaurant. Mr Davison refused stating the supremacy of EU law over UK law when in matters of weights and measures as held by the House of Lords in 2001; thus eventually won with the case against him being dropped after appealing to prime minister Gordon Brown and his local MP Ed Miliband, who advised Doncaster Trading Standards to stop wasting taxpayers money and do something useful with their time which the taxpayer actually pays for.[9]

Pardon campaign

Since 2001 EU weights and measures legislation has required the use of metric units for grocery goods, while permitting the use of dual-labelling of goods in both metric and non-metric units. It also provides an exception that permits the exclusive use of imperial units for draught beer, cider, bottled milk and road signs in the United Kingdom and the Republic of Ireland, without any fixed deadline.[10] On 20 January 2005 Ireland changed speed limit signs to km/h.[11] In 2007 the European Commission announced that it would postpone a 2009 deadline for exclusive metrication indefinitely, due to public pressure[12] and concerns that phasing out dual-labelling would create a trade barrier with the United States, where dual-labelling is required.[13]

In response to UK media reports that apparently misinterpreted[14][15] the EU's announcement as an end to the existing requirement for metric labelling of grocery goods, the Metric Martyrs asked for a posthumous pardon for Steve Thoburn, who died after having his last appeal to the EU denied. Despite an early day motion by Philip Davies MP,[16][17] the pardon was denied on the grounds that an offence had been committed under the law which was in force at the time. The 2007 EU announcement was not about a change to existing (2001) legal requirements, but rather abandoned plans for a change in 2009.[18] Moreover, the Office for Criminal Justice Reform claimed that even if the law were to be changed, there would still be no case for a pardon "as citizens are expected to comply with the law as it is at the time".[19]

Regulation and units of measure

See also Regulation

In the original case,[2] several statutes were cited including the Magna Carta, the Acts of Union 1707 and European Communities Act 1972 (UK).

Since medieval times, the Crown has asserted the right to regulate weights and measures in the market place. Even though the barons forced King John to accept the Magna Carta in 1215, it was issued in the name of the king. Article 35 stated Let there be one measure for wine throughout our kingdom, and one measure for ale, and one measure for corn, namely "the London quarter"; and one width for cloths whether dyed, russet or halberget, namely two ells within the selvedges. Let it be the same with weights as with measures.[20]

Prior to England and Scotland uniting in 1707, each kingdom enforced its own system of weights and measures. Article 17 of the Act of Union ensured that there was a single system of weights and measures across the newly created United Kingdom by requiring that both nations adopted the English system.

In 2003 the summary of a government report stated To maintain the confidence of consumers and businesses in weights and measures the Government regulates the units and standards of measurement for trade; the design and use of weighing and measuring equipment; the provision of quantity information; and the sale of goods by quantity.[21]

See also

References

  1. ^ "BMWA 'Metric Culprits'". http://www.bwmaonline.com/Metric%20Culprits.htm. Retrieved 2009-02-06. 
  2. ^ a b c d e Steve Thoburn v Sunderland City Council; Colin Hunt v London Borough of Hackney; Julian Harman and John Dove v Cornwall County Council; Peter Collins v London Borough of Sutton, Divisional Court, Queen's Bench Division, 18 February 2002, http://www.bwmaonline.com/Legal%20-%20Appeal%20verdict%20in%20full.htm, retrieved 2010-08-23 
  3. ^ "Myths about consumer protection". United Kingdom Metrication Association. http://www.ukma.org.uk/why/myths.aspx. Retrieved 2010-05-07. 
  4. ^ "Market man faces scales of justice". news.bbc.co.uk (BBC). 2000-11-07. http://news.bbc.co.uk/1/hi/uk/1010827.stm. Retrieved 2007-08-06. 
  5. ^ "Brussels backs down over plans to outlaw pounds and ounces". www.dailymail.co.uk (London: Daily Mail). 9 May 2007. http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=453573&in_page_id=1770. Retrieved 2007-08-06. 
  6. ^ "Metric Martyr Is Dead". news.sky.com. Sky News. http://news.sky.com/skynews/article/0,,30100-13014828,00.html. Retrieved 2007-08-06. 
  7. ^ "1999 No. 3042 - PRICES - The Price Marking Order 1999". Office of Public Sector Information. 10 November 1999. http://www.opsi.gov.uk/si/si1999/uksi_19993042_en.pdf. Retrieved 2010-05-18. 
  8. ^ "The Prices Act 1974". Office of Public Sector Information. 9 July 1974. http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1974/cukpga_19740024_en_1. Retrieved 2010-05-18. 
  9. ^ "Anger over ban on beer in litres". BBC.co.uk (BBC News). 2008-08-06. http://news.bbc.co.uk/1/hi/england/south_yorkshire/7546315.stm. Retrieved 2009-06-12. 
  10. ^ Council directive of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement (80/181/EEC), including amendments up to 2001.
  11. ^ UKMA road signs - International experience
  12. ^ Your pint safe in EU hands, press release by EU Vice-President Günter Verheugen, Commissioner for Enterprise and Industry, 11 September 2007: 'Far from pushing Britain down the metrication road, "Europe" has always been willing to extend the deadlines, when it discovered practical obstacles and when it realised the UK public felt things were going too far, too fast.'
  13. ^ "Group claims EU imperial victory". news.bbc.co.uk (BBC). 2007-05-09. http://news.bbc.co.uk/1/hi/uk/6637587.stm. Retrieved 2007-08-06. 
  14. ^ EU bureaucrats take a pounding The Sun
  15. ^ Metrication – continuing use of imperial units of measurement - Trading Standards Institute - Retrieved 2009-11-16
  16. ^ "EDM 2028 IMPERIAL MEASURES AND STEVE THOBURN". edmi.parliament.uk. PIMS. http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=33898&SESSION=885. Retrieved 2007-08-06. 
  17. ^ "MP calls for metric martyr pardon". news.bbc.co.uk (BBC). 2007-07-27. http://news.bbc.co.uk/1/hi/england/wear/6918912.stm. Retrieved 2007-08-06. 
  18. ^ Hines, Nico (2007-09-11). "EU ends 'pointless battle' to make UK metric". timesonline.co.uk (London: TimesOnline). http://www.timesonline.co.uk/tol/news/world/europe/article2431521.ece. Retrieved 2007-09-11. 
  19. ^ Office for Criminal Justice Reform response
  20. ^ "Magna Carta". 1215. http://www.freemasonry.bcy.ca/texts/magnacarta.html. Retrieved 2010-05-17. 
  21. ^ "Department of Trade and Industry: Regulation of weights and measures Thirty-eighth Report of Session 2002–03". House of Commons Committee of Public Accounts. 2 July 2003. http://www.publications.parliament.uk/pa/cm200203/cmselect/cmpubacc/581/581.pdf. Retrieved 2010-05-17. 

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