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.
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...
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 😱