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Johnny nice-tits
Britain will force a showdown with Europe to seize back sovereignty over human rights if the Tories win the election.
It will ignore verdicts by Euro judges it does not agree with under an explosive Tory plan to reinstate the primacy of the UK courts and Parliament.
If Strasbourg objects, the UK will resign from the European Court of Human Rights and ‘walk away’
The promise to reinstate Parliamentary sovereignty and reduce the court to a mere ‘advisory’ role was made by Justice Secretary Chris Grayling.
In an article, he unveils a manifesto commitment to scrap Labour’s Human Rights Act and replace it with a British Bill of Rights.
The legislation – certain to provoke a blazing row with civil liberties groups and even some Tory MPs – would for the first time acknowledge that rights must be accompanied by responsibilities.
The result would be a dramatic curtailing of the ability of foreign criminals to claim they have a ‘human right’ to avoid deportation. In the case of a foreign national who takes a life – such as in a death by dangerous driving case – they will no longer have any Article 8 rights to protect their own ‘family life’.
Migrants will also be stopped from avoiding removal on the grounds they have fathered children in Britain, if they play no role in their upbringing.
Terrorists and other serious convicts who pose ‘a significant threat to the security and safety of the UK’ will have their rights reduced to the absolute minimum.
Meanwhile, travellers who breach planning laws by setting up illegal encampments will also no longer be able to lodge a human rights claim. Ministers say they must accept the law of the land in the same way as everybody else.
For ‘trivial matters’, such as prisoners who claim their cell is not comfortable enough, human rights laws will not apply at all. Mr Grayling said: ‘People in this country are fed up with human rights being used as an excuse for unacceptable behaviour.
The commitment will be one of the key planks of the Tory election campaign, alongside securing the economic recovery, easing the tax burden on the middle-classes and curbing EU migration. Ministers will make a virtue of the fact it can only be delivered by a majority Tory government – and urge electors not to let the opportunity to scrap the Human Rights Act slip away by voting Ukip – and ending up with Ed Miliband.
Tory MP Dominic Raab, who has campaigned against the abuse of human rights law, said: ‘These plans will ensure we can protect our fundamental freedoms reflected in the European Convention, whilst ending the mission creep of the Strasbourg court which has wrought such damage to UK deportation controls, our criminal justice system and the wider democratic process.’
The main focus is on ending the meddling of the European Court in Britain’s affairs, in the wake of the prisoner voting row. Currently, there is an obligation on British courts to ‘take into account’ rulings by the ECHR, even though its judges are often less qualified than those in Britain.
This obligation will be lifted – making Britain’s Supreme Court once again ‘supreme’. At the same time, the new Bill of Rights will stress that Parliament is ‘sovereign’.
Every judgment made by Strasbourg which asserts that Britain has breached its obligations under the European Convention on Human Rights will be treated as ‘advisory’ only.
If MPs vote to ignore a verdict, under a new Parliamentary procedure, it will not be binding in UK law. The system is known as a ‘democratic override’ and will be hugely popular among most Tory MPs.
Strasbourg, which is overseen by the Council of Europe, will be given an opportunity to agree to the new regime.
If it does, then the UK will remain a member of the court. However, if the 47-member Council refuses, then the Tories say Britain ‘would be left with no alternative but to withdraw from the European Convention on Human Rights’.
In theory, Britain could be out by 2016 or 2017, depending on how quickly the Bill of Rights passes through Parliament.
Crucially, ministers say they will also take steps with the EU to ensure it does not scupper the plans. Brussels is currently signing up to the European Convention in its own right – potentially tying Britain’s hands.
But the Tories say the process is not complete and the EU’s application to join the Convention requires the unanimous agreement of member states. If Brussels does not agree to respect Britain’s new relationship with the European Court, or grant an opt-out, ministers could veto the application.
Mr Grayling is clear that the UK, which wrote the Convention in 1951, does not shirk from its responsibilities to respect human rights. The original wording of the convention will be included in the new Bill of Rights and Responsibilities.
The Bill would also limit the reach of human rights cases to the UK, so that British Armed forces overseas are ‘not subject to persistent human rights claims that undermine their ability to do their job and keep us safe’.
Senior Government sources hope the plans will be supported by members of the British judiciary. Earlier this week Lord Judge, the former Lord Chief Justice, warned that ‘it would be a negation of the democratic process for Members of Parliament to be obliged to vote for a measure with which they disagree’, if ordered to do so by Strasbourg.
Human rights group Liberty last night claimed the move could trigger new tensions with Scotland, since the SNP may choose not to apply the laws north of the border. Human rights law is a devolved matter.
Shami Chakrabarti, director of Liberty, added: ‘This so-called British Bill of Rights would diminish everyone’s freedoms and make government even less accountable.’
Sadiq Khan MP, Labour’s justice spokesman, said of the plans: ‘There are so many contradictions, inaccuracies and myths, it can only have been cobbled together on the back of an envelope.
It will ignore verdicts by Euro judges it does not agree with under an explosive Tory plan to reinstate the primacy of the UK courts and Parliament.
If Strasbourg objects, the UK will resign from the European Court of Human Rights and ‘walk away’
The promise to reinstate Parliamentary sovereignty and reduce the court to a mere ‘advisory’ role was made by Justice Secretary Chris Grayling.
In an article, he unveils a manifesto commitment to scrap Labour’s Human Rights Act and replace it with a British Bill of Rights.
The legislation – certain to provoke a blazing row with civil liberties groups and even some Tory MPs – would for the first time acknowledge that rights must be accompanied by responsibilities.
The result would be a dramatic curtailing of the ability of foreign criminals to claim they have a ‘human right’ to avoid deportation. In the case of a foreign national who takes a life – such as in a death by dangerous driving case – they will no longer have any Article 8 rights to protect their own ‘family life’.
Migrants will also be stopped from avoiding removal on the grounds they have fathered children in Britain, if they play no role in their upbringing.
Terrorists and other serious convicts who pose ‘a significant threat to the security and safety of the UK’ will have their rights reduced to the absolute minimum.
Meanwhile, travellers who breach planning laws by setting up illegal encampments will also no longer be able to lodge a human rights claim. Ministers say they must accept the law of the land in the same way as everybody else.
For ‘trivial matters’, such as prisoners who claim their cell is not comfortable enough, human rights laws will not apply at all. Mr Grayling said: ‘People in this country are fed up with human rights being used as an excuse for unacceptable behaviour.
The commitment will be one of the key planks of the Tory election campaign, alongside securing the economic recovery, easing the tax burden on the middle-classes and curbing EU migration. Ministers will make a virtue of the fact it can only be delivered by a majority Tory government – and urge electors not to let the opportunity to scrap the Human Rights Act slip away by voting Ukip – and ending up with Ed Miliband.
Tory MP Dominic Raab, who has campaigned against the abuse of human rights law, said: ‘These plans will ensure we can protect our fundamental freedoms reflected in the European Convention, whilst ending the mission creep of the Strasbourg court which has wrought such damage to UK deportation controls, our criminal justice system and the wider democratic process.’
The main focus is on ending the meddling of the European Court in Britain’s affairs, in the wake of the prisoner voting row. Currently, there is an obligation on British courts to ‘take into account’ rulings by the ECHR, even though its judges are often less qualified than those in Britain.
This obligation will be lifted – making Britain’s Supreme Court once again ‘supreme’. At the same time, the new Bill of Rights will stress that Parliament is ‘sovereign’.
Every judgment made by Strasbourg which asserts that Britain has breached its obligations under the European Convention on Human Rights will be treated as ‘advisory’ only.
If MPs vote to ignore a verdict, under a new Parliamentary procedure, it will not be binding in UK law. The system is known as a ‘democratic override’ and will be hugely popular among most Tory MPs.
Strasbourg, which is overseen by the Council of Europe, will be given an opportunity to agree to the new regime.
If it does, then the UK will remain a member of the court. However, if the 47-member Council refuses, then the Tories say Britain ‘would be left with no alternative but to withdraw from the European Convention on Human Rights’.
In theory, Britain could be out by 2016 or 2017, depending on how quickly the Bill of Rights passes through Parliament.
Crucially, ministers say they will also take steps with the EU to ensure it does not scupper the plans. Brussels is currently signing up to the European Convention in its own right – potentially tying Britain’s hands.
But the Tories say the process is not complete and the EU’s application to join the Convention requires the unanimous agreement of member states. If Brussels does not agree to respect Britain’s new relationship with the European Court, or grant an opt-out, ministers could veto the application.
Mr Grayling is clear that the UK, which wrote the Convention in 1951, does not shirk from its responsibilities to respect human rights. The original wording of the convention will be included in the new Bill of Rights and Responsibilities.
The Bill would also limit the reach of human rights cases to the UK, so that British Armed forces overseas are ‘not subject to persistent human rights claims that undermine their ability to do their job and keep us safe’.
Senior Government sources hope the plans will be supported by members of the British judiciary. Earlier this week Lord Judge, the former Lord Chief Justice, warned that ‘it would be a negation of the democratic process for Members of Parliament to be obliged to vote for a measure with which they disagree’, if ordered to do so by Strasbourg.
Human rights group Liberty last night claimed the move could trigger new tensions with Scotland, since the SNP may choose not to apply the laws north of the border. Human rights law is a devolved matter.
Shami Chakrabarti, director of Liberty, added: ‘This so-called British Bill of Rights would diminish everyone’s freedoms and make government even less accountable.’
Sadiq Khan MP, Labour’s justice spokesman, said of the plans: ‘There are so many contradictions, inaccuracies and myths, it can only have been cobbled together on the back of an envelope.
