Until now, fraudulent mediums - those who mislead, coerce or take advantage of their customers, were very hard to convict because prosecutors had to prove fraud had taken place - which was virtually impossible.
Now, in order to regulate the industry and protect the consumers, legislation has been introduced which means the medium will have to prove they did not mislead their customers.
While this is reassuring for those willing to pay for a visit from the paranormal world, those who make their living out of it are worried that sceptics will now be able to take legal action against them, demanding to know where the 'proof' is.
For the past half-century, 'genuine' mediums have been protected by the 1951 Fraudulent Mediums Act, under which prosecutors had to prove fraud and dishonest intent to secure a criminal conviction, which was difficult. There have been fewer than 10 convictions in the past 20 years. With that protection gone, there will now be nothing between the medium and the trading standards officer - and no need to prove fraud. Instead it will be up to the trader, in this case the medium, to prove they did not mislead, coerce or take advantage of any 'vulnerable' consumers.
Carole McEntee-Taylor, a spiritualist healer in Essex, said having to stand up and describe the invoking of spirits as an 'experiment' was forcing spiritualists to 'lie and deny our beliefs'. She added: 'No other religion has to do that. And how can you tell if someone is vulnerable? You would have to ask them if they felt vulnerable, or had mental health issues, or were of a nervous disposition.'
With her husband, David, a spiritualist minister, she has set up the Spiritualist Workers' Association, to help regulate the industry and offer guidance on the law. They will be presenting a petition to 10 Downing Street on 18 April. Their website warns: 'The changes in the legislation are a minefield... given Britain's litigation culture. We have to fight it. If not, we will go back to the Dark Ages, where we will be persecuted and prosecuted.'
The Fraudulent Mediums Act replaced the 1735 Witchcraft Act. The government is set to repeal it and many other laws alongside the introduction of the Consumer Protection Regulations. If they are approved by Parliament, as is likely - there are debates in the Lords on 23 April and in the Commons on 6 May - the regulations will come into force on 26 May. They will ban 31 types of unfair sales practice outright, including bogus closing-down sales, prize-draw scams and aggressive doorstep selling, and will for the first time establish a catch-all duty not to trade unfairly, closing loopholes that rogue traders have been able to exploit. But spiritualists say the measures fail to take account of their religion.
'It is taking a religion, a way of life, and making it a commercial transaction,' said David McEntee-Taylor. 'If we hold a service in a village hall, we have to charge or ask for a donation to cover the cost of hiring the hall. There are bad mediums out there, and we would like to regulate them. But this is unfair on genuine spiritualists. Some people are very nervous of entrapment.'
What an impossible piece of legislation!
How's it going to be actioned?
I would have thought that the government have more important issues to address than this?- We are merely paying more homage to the world leaders' instructions whether they be American or European
Aparantlty it's ok to go to war( against the will of the people), it's ok to kill and maim in the name of decocracy but it's not ok to tell someone that they need to buy a red car not a blue one?
Come on shouldn't we get our priorities straight!!
Friday, April 18, 2008
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3 comments:
Hiya Elizabet, Sue Clarke here, well I had a little chat to a top psychic friend of mine, very big in the business, and she told me that when she originally heard of this new government legislation she contacted the Trading Standards,as this new legislation has been common knowledge for a while now, any prosecution will be across the board from plummers to all tradesmen in general. The tradesman (including psychic) will only be prosecuted by the trading standards if they provide a bad service, the customer complains and they refuse to give a refund. Its a back up service to protect the customer. I and my fellow psychic are not worried, as not only am I protected under the umbrella of two companies, it will syfon out the good from the really bad.
In a way it will get rid of dodgy traders across the board in all trades. Worry would bring in negativity. Anyway looking at it from a diferent perspective, we have been prosecuted before, whats new!
Hi
I understand that the law has been or will be passed to protect individual consumers from rogue traders, but fail to see how within the context of psychic readings etc. the law will be upheld. I feel it pertinent to expect that along with rogues, the innocent will be damaged. This law will open up psychic practitioners to the wolves who prey on individual traders!
see this link also
http://news.bbc.co.uk/1/hi/magazine/7354089.stm
Sue Clarke,
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