We have the #RightsRemovalBill. It’s worse than I feared. Here are top lines from first read:
S(1) repeals obligation on courts to read legislation in a way that is compatible with human rights & attempts to take away judicial role in deciding balance of rights
S3 rejects the European Court of Human Rights’ authority as final arbiter of human rights & requires that UK courts do not adopt definitions of rights that go broader than the European Court
S4 protects free speech giving it “great weight” in some circs but removing the ability to rely on free speech when arguing a criminal offence breaches human rights (eg a protest offence), when challenging deportation or when dealing with national security issue
S5 destroys positive obligations. Prevents any further expansion of obligations & gives long list of circs when existing positive obligations may be ignored. Positive obligation defined as “an obligation to do any act”
S7 tries to oust the court’s power to determine whether laws are compatible with human rights, demanding that judges “give the greatest possible weight” to lawmakers
S8 allows deportation where it would violate Article 8 unless the person can show a family member would suffer “exceptional & overwhelming” harm that cannot be mitigated or is irreversible
And then S20 allows deportation in breach of the right to fair trial unless the breach would be “so fundamental as to amount to a nullification of that right”
S12 prevents human rights claims where the public body in question is acting to enforce laws that are incompatible with human rights
S14 stops human rights claims against the military when abuses occur during military operations either in the UK or overseas
S15 requires people to get permission from a judge before they can bring a human rights claim. They have to demonstrate they’ve suffered “significant disadvantage”
S18 makes remedies conditional on good behaviour AND requires judges to “give great weight to the importance of minimising the impact” of damages being awarded against a public body
S21 protects journalists’ sources UNLESS forcing them to disclose their sources is necessary in the interests of justice, interests of national security or prevention of crime or disorder, or it’s in the public interest
Like I say - this is my early analysis with more detail coming soon. What’s clear is that this is Bill is a wholesale rights raid. More power for the state, fewer rights for the rest of us.
Join the resistance @libertyhq to #SaveYourRights
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