BREAKING: The moment we feared is here. Tonight the Government has announced scrapping the Human Rights Act & introducing a Bill of Rights. Here's what you need to know about this regressive & scary step...🧵
1. Enshrines the toxic idea of rights being conditional on good behaviour. Rights become gifts the state can take away if it deems you to be troublesome. This means impunity for rights abuses, particularly against people in prison, police custody, protestors
2. Strips family life rights for migrants (Article 8). People who commit a crime will be deported unless it would cause their child/dependent "overwhelming, unavoidable harm". You could grow up here, have your whole family here, a life here, & still be put on a plane...
This cruel, racist move despite the fact that only 7.8% of criminal deportation cases successfully rely on Article 8. Those few cases are a necessary judicial safety net to prevent extremely disproportionate removals...
This is not a popular policy: it's a hard right play for a few votes. In 2020 a majority of the public said people convicted of a crime should not be deported if they came to the UK as kids: yougov.co.uk/topics/politic…
3. Prevents courts from putting legal obligations on the state "to actively protect someone's human rights" (yep, that's a direct quote). Farewell to the only legal tools available to the Hillsborough families, survivors of Worboys attacks, patients at risk of suicide & many more
4. Stops human rights claims being brought against military operations. Rights abuses committed in war (like torture of civilian Baha Mousa by UK troops) will go unpunished. Members of armed forces (like victims of Snatch Land Rover disaster) will be unprotected
5. Creates a procedural barrier to justice - you have to get permission before you can bring a human rights case, demonstrating you've suffered "significant disadvantage". Supposedly to deal with "trivial human rights claims" which is of course a contradiction in terms
6. Scraps Rule 39 meaning the European Court of Human Rights can't intervene on a temporary, exceptional, emergency basis to avert "a real risk of serious & irreversible harm" ie Gov to have license to put people at risk of serious & irreversible harm
7. Commits to staying in the European Convention on Human Rights. But the Bill of Rights is a weaker, watered down imitation of the Convention, and Council of Europe may expel us for failing to protect rights. That would put us in the company of Russia.
We have our work cut out for us in defeating this Bill. The future of human rights in the UK depends on us.
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
Today MPs are scrutinising the Public Order Bill. Here's what you need to know about this Government's latest brazen attempt to criminalise protest. The Bill regurgitates oppressive proposals that Parliament already rejected once, & it goes further...🧵 bills.parliament.uk/bills/3153/pub…
1) Serious Disruption Prevention Orders aka Protest Banning Orders: legal orders that ban people from protesting even if not convicted of a crime. In the Home Office's own words "a banning order would completely remove an individual's right to attend a protest"
If you get slapped with a banning order you could be subject to electronic monitoring & if you breach the order you could face a year in prison. All just for activities "related" to a protest that are "likely to result in serious disruption"
I became a human rights lawyer because I saw injustice & abuses of power & witnessed how the Human Rights Act was often the only way to hold the state to account. Today the Government will announce their plan to scrap it. More power for them, fewer rights for us...🧵
The basics: the Human Rights Act puts all state bodies - police, prisons, hospitals, government, local authorities, schools - under a legal obligation to respect our rights. If they violate our rights, we can take them to court & get justice…for now
Without the Human Rights Act Hillsborough families wouldn't have got justice, survivors of sexual assault by Worboys wouldn't have held police to account, disabled people wouldn't have been able to challenge unlawful 'do not resuscitate' notices during Covid
BREAKING BAD NEWS: today Gvt launch their attack on the Human Rights Act. Detail to follow, headlines are: 1. Stripping away right to family & private life. This will hit everyone wanting to protect their private data, fight an eviction, secure LGBT equality, resist surveillance
This one is peddled as being about deportation. Human rights are universal - take them from one group & you take them from all of us. You only need to take a look at the #NationalityandBordersBill to see that this Gvt is bent on using the idea of citizenship to take away rights
2. Strengthen free speech. Free speech is already protected in the HRA under Article 10. Raab says he wants to protect "rambunctious debate". This from a Gvt trying to ban protest in the #PolicingBill & taking away whistleblower protection in the Official Secrets Act
Meanwhile over in the accountability corner, amendments to the Judicial Review Bill are a brazen attempt to shield some of the most unaccountable & far reaching state powers from scrutiny...
This one stops judicial review of the investigatory powers tribunal - a secretive court making decisions about the (il)legality of state surveillance. State surveillance operates in the shadows: this amendment would mean the light will never get in
It overturns a decision of the Supreme Court in 2019 where the judges said judicial review of the investigatory powers tribunal is an important part of the rule of law - a way of keeping power in check supremecourt.uk/cases/docs/uks…
Amendments to #PolicingBill make it even more of a bin of iniquity - extension of racist, suspicionless stop & search, creation of criminal offence of "locking on" which you could be guilty of if you cause "serious disruption" to just 2 people & could land you in jail for 51 wks
Being in possession of objects you might use "in connection with" locking on also a crime - super glue, bike locks, string, who knows. Then there's the dystopian "serious disruption prevention orders" because disruptive protest is bad, right Greta?
Among many things, the prevention orders can stop you using the internet to "facilitate or encourage" people to engage in a seriously disruptive protest. What's a seriously disruptive protest? It's left to be defined by politicians via unscrutinised 2ndary legislation 😱