Classic Express nonsense. I have been telling them for at least 10 years the Human Rights Act and European Convention on Human Rights have nothing to do with the European Union but why let that get in the way of a good story?
I haven't seen the Telegraph article which I think this comes from (because £) but the reality is that parliament did exactly this with prisoner votes using normal legislation, the Council of Europe accepted it, everyone moved on
An inconvenient truth for this government is the UK government and courts has had a fruitful dialogue with the European Court of Human Rights for the past decade and the judgments govt has objected to have been watered down (whole life orders and prisoner votes). Meanwhile...
there have been very few judgments against the UK (about 0-5 per year on average in recent years), e.g. in 2020 there were two judgments against the UK out of hundreds of applications to the court
Why have there been so few judgments against the UK in recent years? Because we have a Human Rights Act which allows people in the UK to resolve human rights breaches in our local courts. That's the point of the HRA. It works really well. Ask the many 1,000s of people who use it
A few years ago I helped make this set of infographics which aimed to show the facts about the European Court of Human Rights and its effect on the UK eachother.org.uk/the-european-c…
Those infographics led to this amazing Sun editorial with a few tips for me and other "leftie human rights lawyers" - that was me told! Haven't said a word about human rights since 🤐😃
• • •
Missing some Tweet in this thread? You can try to
force a refresh
This government may be the first in the history of liberal democracies which enacts a bill of rights which has the effect of reducing rather than increasing rights protections.
If there are other examples, please let me know!
This is like enacting a Clean Air Act which opens five new coal power stations
If I was responsible for these proposals I would be embarrassed. The idea that public authorities can't breach rights if implementing primary legislation. Or making human rights claims harder to bring by adding needless bureaucracy. Removing rights entirely from certian people...
So now we know why the govet has sat on its Independent Human Rights Act Review report for weeks - it is far more modest than the govt wanted. The govt's proposals for a bill of rights include some which go much further and would be regressive. Same as it did with judicial review
Government approach: 1. "This is very complicated we need an independent expert view" 2. Govt commission said experts - with total control over who it appoints 3. Experts give answer govt doesn't want 4. Govt ignores experts
5. Government consults on non-expert led proposals 6. Government ignores consultation and enacts regressive "bill of rights" which uniquely perhaps in the history of democracy bills of rights, reduces rather than increases rights protections
Let’s see the details of the government’s “bill of rights”. It doesn’t sound like there is much which hasn’t been widely trailed for the past few months. Very unlikely this will strengthen rights protections and will more likely weaken, or pick fights with the European…
Court of Human Rights by forcing judges to alter the balance in the way they interpret rights away from how Strasberg has, therefore, ironically leading to more influence from Strasbourg rather than less. The “right to trial by jury” may be legally meaningless but added…
… So that it can be said this “bill of rights” is not entirely regressive from a rights perspective. The freedom of speech change sounds like it is a sop to the right-wing press as the human rights act already has an extra emphasis on freedom of speech through section 12…
Ooh these are *complicated* regulations. Always a bad sign when there is a contents page
Preliminary point: Absolutely absurd that these regulations have been published less than 24 hours before the vote. They are so complex they should have had months of debate like a proper law.
Still no sign of the Covid passes law which is being debated *tomorrow* in parliament
I say “debated” but this isn’t like a real parliamentary debate. The law cannot be amended and it comes into force the day after the debate so no time for changes anyway
One of the worst legacies of Covid will be parliament accepting important laws being passed by emergency secondary legislation, published hours before a debate, with no proper scrutiny