Protecting Human Rights ! Don't make me laugh ....!

It is a huge pity that we must take the Conservative Party's document "Protecting human rights in the UK" seriously .......... but, we must!  A considerable number of notable bloggers and commentators have already offered their analyses of it (e.g. Liberty) and they are mostly impressed only by the fact that it is legally illiterate.

It is a plan to do anything but protect human rights.  Rather it is a plan - should there be a Conservative government with a sufficient majority to force this through Parliament - to enhance the power of the executive and to weaken protections given in law to citizens.  The British citizen could end up with less human rights protection in domestic law than the citizen of (say) Germany.  But wait !  It might even be that the English citizen will end up with less protection than those living under the devolved administrations of Scotland, Wales and Northern Ireland.  That's because those administrations may well choose not to accept this policy on behalf of their citizens.

A fuller look at this dog's dinner to follow ...............!

Get the facts you need on our plans for a new British Bill of Rights & Responsibilities, then share them with friends http://t.co/VpXbZrNusi
— Conservatives (@Conservatives) October 3, 2014

David Cameron's speech ~ the "European" dimension

On 1st October, Prime Minister David Cameron delivered his speech at the Conservative Party conference in Birmingham.  As expected, the speech ranged over the whole gamut of government policy and contained a number of "promises" which may be delivered during the next Parliament if there is a Conservative majority government.   Cameron was clear enough in saying that much will depend on deficit reduction and it was plain that further spending reductions will be required.  Cameron referred to cuts of some £25 billion in the next two years.  The criminal justice system and other legal areas will undoubtedly have to carry their share of this.  See FULL text of speech.

As widely expected in legal circles, the speech contained headline statements about the European Union (EU) and the European Court of Human Rights (E Ct HR).

On the EU, Cameron stated that he would renegotiate Britain's position and, in particular, he would address the issue of free movement of workers.  He said:

" ... we’re going to go in as a country, get our powers back, fight for our national interest …… and yes – we’ll put it to a referendum …… in or out – it will be your choice…"

Cameron then turned his guns on the E Ct HR saying:

Conservative Party Conference Justice and Home Affairs speeches ~ a brief look.

Speeches today at the Conservative Party Conference in Symphony Hall, Birmingham included Mr Chris Grayling (Justice Secretary) and Theresa May (Home Secretary).

There is much in the speeches to comment about but I will reserve that for a later post.  Neither speech contained any major announcement about any plans relating to the Human Rights Act 1998 and it may be that this is being left for the Prime Minister's speech at the end of conference (Wednesday morning).

According to Grayling,

Northern Viewpoint ~ the Secretary of State for Justice has plans !

Updated 30th September with links to relevant blogposts

The Secretary of State for Justice has declared that "Europe will no longer rule our courts" and it is expected that he will reveal Conservative Party plans to scrap the Human Rights Act 1998 and to ensure that the European Court of Human Rights cannot "overrule" the Supreme Court of the UK - see The Telegraph 26th September - Chris Grayling: Europe will no longer rule our courts

Here is a Secretary of State who, along with his two immediate predecessors, has presided over the elimination of legal aid in vast areas of civil law and, in relation to criminal law, the High Court has recently ruled that one of his consultations was so unfair as to be unlawful (Solicitors Journal 19th September and see also Legal Business and the judgment of Burnett J).  The removal of legal aid from many family law cases is having a devastating impact on the lives of many children - (views of the Children's Commissioner - The Guardian 24th September).  His "privatisation" reforms

Labour Party Conference ~ Speech by Sadiq Khan MP (Shadow Justice Secretary)

At the Labour Party Conference held in Manchester (20th - 24th September), the Shadow Justice Secretary delivered a short speech which may be read here.  One clear difference emerged from the stance, at least to date, of the Conservative Party.  This is that Mr Khan gave a commitment to human rights:

'We’ll block attempts to abolish the Human Rights Act – Labour’s Human Rights Act.

.... we won’t walk away from the European Convention on Human Rights.'

Mr Khan also said - ' ... let’s get the European Court working better.'

The speech was essentially headlines of that type and was lacking in detail.  It remains to be seen whether there will simply be maintenance of the human rights status quo or, alternatively, some measure of reform whilst remaining with the core of human rights law.

On the constitution,

Scotland voted NO

Updated 22nd, 23rd September, 25th and 26th September

The Scottish Independence referendum was held on 18th September.  The turnout was 84.5% and NO votes totalled 2,001,926 and YES votes totalled 1,617,989.  For more on the results see BBC News Scotland 19th September.    Independence was therefore rejected but, as mentioned in my earlier post, the status quo cannot remain though the historic Union will remain in place and major problems relating to membership of the European Union (EU)  and currency have been avoided. 

The Scottish people have been promised greater devolution of power and this must be delivered but the precise details of those powers remain to be thrashed out and time is relatively short given the General Election in May 2015.  However, it appears that

Scotland ~ the eve of the referendum

18th September 2014 - Referendum Day in Scotland on the question of independence from the remainder of what is now the United Kingdom of Great Britain and Northern Ireland.  "The Union" of the separate Crowns of Scotland and England came on 24th March 1603 when King James VI of Scotland also became James I of England.  However, political union of the two Kingdoms did not arrive until 1st May 1707 with the enactment, by what were then separate Parliaments, of the Union with Scotland Act 1706 and the Union with England Act 1707.   The Acts gave legislative force to the Treaty of Union agreed in July 1706.

'That the Two Kingdoms of Scotland and England shall upon the first day of May next ensuing the date hereof and forever after be United into One Kingdom by the Name of Great Britain  ...........'