Wednesday, 15 July 2015

Wrong, Mr Gove !

This morning, the Secretary of State for Justice and Lord Chancellor gave evidence to the House of Commons Justice Committee.  He would not offer a guarantee that the government would keep the UK in the European Convention on Human Rights.  Gove also indicated that common law protects human rights and that there is no need for the European Convention on Human Rights.

The Justice Committee session may be viewed at Parliament.TV

The following tweets from Jack of Kent and Adam Wagner show that Mr Gove's view is misleading and incorrect:

Contrast statement by Lord Faulks in the House of Lords on 2nd July 2015 (Hansard 2nd July Col 2207 - it is no part of our plans to leave the convention) with Mr Gove's evidence to the committee on 14th July in which he kept withdrawal from the convention as an option.   Previous Law and Lawyers post on the debates of 30th June (Westminster Hall) and 2nd July (House of Lords).

Mark Elliott 15th July - Public Law for Everyone - Michael Gove, the Justice Committee and the Human Rights Act ... links to Beyond the European Convention: Human Rights and the Common Law published at (2015) 68 Current Legal Problems

A good article regarding common law and rights is at UK Constitutional Law Association - Conor Gearty 13th November 2014 - "Our Fantasy Island: British politics, English judges and the European Convention on Human Rights"

Oxford Human Rights Hub 27th November 2013 - Brice Dickson - "If the Human Rights Act were repealed, could the common law fill the void?"

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