The Conservatives have had a long-standing dislike of the HRA and a review of it has appeared in its last two or three manifestos. It has not always been so and indeed it was Conservative politicians who were instrumental in setting up the European Convention which preceded the HRA.
The government is making various claims in a bid to justify its desire to amend the act and by inference, to weaken it. Recently we have had claims about alleged vexatious claims against British soldier’s mistreatment of prisoners in conflict areas such as Iraq. They have also, erroneously claimed that the act prevents them tracking potential terrorists.
The various reasons put forward by the government combined with a steady stream of stories in the right wing press suggest deeper reasons at play. The current home secretary, Priti Patel and Michael Gove MP have both been reported as being keen to reintroduce the death penalty although the home secretary has resiled from that claim. Her proposed draconian measures for handling asylum seekers and immigrants however, reveal an illiberal attitude of mind. We have reported on this site, the shameful views of the Attorney General, Suella Braverman, concerning torture about which practice she seemed quite ‘relaxed’.
The HRA has perhaps shaken the establishment more than has been realised. It has led to a shift in power and enabled ordinary people to pursue injustice through the courts. We have seen in the Covid-19 crisis a government which has been reluctant to involve local government, much preferring to award contracts – without tender – to private firms who have shown a dazzling array of ineptitude. It seems to indicate a firm desire to retain the levers of power in Whitehall. Challenge by private citizens is not welcome.
The attempt to prorogue parliament and the proposed Internal Market and the Overseas Operations bills all show a government willing to break international treaties if it deems it necessary. We should be extremely concerned if the act gets abolished or its protections seriously watered down.