Further to my recent post on The Human Rights Act 1998, a lawyer associate of mine published the following today: -------------------------------------------------------------------------------------------- In a speech this morning the Prime Minister said …and as for Labours Human Rights Act? We will scrap it once and for all. All the Human Rights Act does is to import the Convention for the Protection of Human Rights and Fundamental Freedoms into UK law. The Convention was agreed by the Council of Europe on 4 November 1950. The British government played a huge part in its creation and its text was guided by Sir David Maxwell Fyfe QC. I doubt hed be happy at his work being dismissed as Labours Human Rights Act. Sir David was a Conservative MP who served in Sir Winston Churchills governments as Solicitor-General (1942 - 1945) and Home Secretary (1951- 1954). You might say that Conservative fingerprints are all over the Convention. The Convention is at the heart of the European Union. Article 2 of the Treaty on European Union states: The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for Human Rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail. Article 6 of the Treaty says the rights guaranteed by the Convention stand as general principles of EU law. So what happens if its taken out of UK law by the repeal of the act? Well… The Convention couldnt be cited in argument heard by UK courts and tribunals which would no longer be required to take account of it in their decisions. The government wouldnt have to certify new legislation compliant with the convention and local government wouldnt have to take account of it. Thats about it; it sounds a big deal and made a terrific sound bite this morning but hang on a moment…. The Convention would retain its place in European law through the treaties to which this country is a party (including in particular the Treaty of Lisbon which incorporates the Conventions big brother, the Charter of Fundamental Rights). In consequence UK courts and tribunals will remain bound by Strasbourgs jurisdiction and jurisprudence. Repealing the act will simply increase the flow of cases to Strasbourg, and the corresponding boomerangs coming back which the government will continue to deride as barmy. If the Prime Minister really meant to say that hell repatriate judicial decision making he must be much more radical. He has to withdraw our country from the Treaty of Lisbon and find a way of disengaging our legal system from the rest of Europe. Thats a tough call; even tougher when your Chief Law Officer (the Justice Secretary and Lord Chancellor) isnt a lawyer. Methinks there’s a lot more to come.
Posted on: Wed, 01 Oct 2014 23:04:45 +0000
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