Tag: Brexit

Proposed snooper’s charter infringes rights


A senior judge at the Court of Justice of the European Union (CJEU) has concluded that powers letting police and public bodies grant themselves access to people’s communications data with no external oversight or suspicion of serious criminality breach human rights law.

It is difficult to generate much interest among the public to the proposals by the government – drafted by Theresa May when she was Home Secretary – to introduce the Investigatory Powers Bill.  A few weeks ago, the country voted against staying in Europe which was interpreted by many as a protest against government and the governing class who were seen as out of touch and indifferent to their plight.  There were other matters such as immigration and the EU itself, but it was a cry by the ‘left behinds’ who are finding life, jobs and housing an increasing trial.

Yet they seem relaxed at giving the government yet more powers to pry into their lives.  Of course it is presented as a fight against terrorism and that these powers are needed to fight this ever present menace.  But, in addition to the police and security services, local councils and various government agencies such as the Food Standard Agency will also enjoy these rights.  It is hard to see how the FSA can be dealing with serious crime.  And are there half a million serious crimes a year?  That is the number of requests.

The previous act Data Retention and Investigatory Powers Act [DRIPA] was introduced in a desperate hurry by Theresa May because of a previous ruling by the European Court.  This meant that there was an urgent need to introduce legislation to legitimise the high level of interception that was taking place without proper oversight.  Hardly any time was allowed for parliamentary debate.

The new law will go further and the CJEU has fired a warning shot concerning the breach of liberties.  Ah you might say, ‘aren’t we about to leave the EU so we can give two fingers to them.’  The problem is that the EU will want to ensure that we are protecting fundamental rights when the come to negotiate with us as an external partner.

The new PM is not known as a libertarian and this promises to be an interesting struggle.  We do not yet know whether the new Home Secretary will simply trot along behind what the PM left her.  So far the public has remained relaxed having bought the line that this all part of the battle against terrorism.  One day however, one or other of the tabloids might wake up and have a go in which case the mood will change quickly.

 

Souces; Guardian; Privacy International; Liberty; Open Rights Group

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What happens now?


The country (UK) has decided to leave the EU: so what next?

In the early hours of yesterday morning, the referendum was concluded and the country decided to leave the EU on a high turnout.  The Prime Minister is to resign and there may be an election by Christmas.

One of the key issues that decided the referendum was the question of immigration and the other was sovereignty.  While those politicians who were in favour of remaining in the EU, went on about the economy, security, jobs and so forth, it was obvious from interviews in the street (vox pops) that very many people were concerned about more basic matters.  As far as many of them were concerned, they were suffering from the effects of austerity and the people who were making matters worse were the immigrants.  They were ‘flooding’ into the country and were putting a strain on public services and bidding down wages (it was claimed) thus making their own lives a misery.  Membership of the EU made matters worse as we were unable to stem the tide because of their rules.  Coming out was clearly a solution to their woes.

Sovereignty also reared its head from time to time and a familiar line was taking back our sovereignty so that we can make our own laws and run our own affairs, free from interference by Brussels bureaucrats and unelected judges in Strasbourg.  The election of our own judges is something that must have passed us all by.

So what of the Human Rights Act?  The Conservative’s manifesto made clear their desire to scrap it and replace it with a British Bill of Rights.  Months have gone by since the election and no sign has been seen of this document.

But if anything is clear from yesterday’s events, it is that hatred of the EU and its alleged interference in our affairs – including our legal affairs – is very strong and was one of the deciding factors which enabled the Brexiters to win the referendum.  This has been whipped up by a right-wing press and not a little xenophobia.

The problem now for the new government – expected at the time of writing to be formed by Boris Johnson – is that they just cannot leave the BBoR to one side in view of the fervour generated and promises they have made to the electorate.  But, the EU will be wanting a speedy departure by the UK from the EU, and not on painless terms either, to prevent contagion spreading to other disaffected countries.  So considerable time will need to be spent by thousands of civil servants negotiating new terms, agreements and treaties to enable our new relationship with the EU to continue.  Enormous parliamentary time will be needed as well.  The question is therefore – will there be the time or energy for this battle?  Getting a diminished set of rules through the Lords will not be easy.

It is a great pity that so many politicians have allowed the untruths and exaggerations by the right-wing media to gain such traction and to go unanswered.  Many believe that all red tape and rulings from Brussels are automatically bad news and diminish our lives.  We would be so much better off without them they say.  The word ‘free’ is used a lot: free of such rules, free to trade where we will, free to rule our lives and free of encumbrances generally.   The HRA has been a lifeline for many, many people in the UK.  They have used it to secure redress against arbitrary decisions which affect their lives.  Public authorities have to be cognisant of the act in their policy making.  Is all this to go?

We may ask the question ‘free for whom?’  Axing the HRA will not provide ordinary people with more freedom, but less.

So whether we will see the end of the HRA remains to be seen.

 

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Brexit and human rights


Human rights will be diminished if we leave Europe

Human rights have not directly figured much in the vexed debate about whether to remain or leave the European Union.  The arguments seem to have settled on immigration, which has become a toxic topic, with the Brexiters claiming that a leave vote will enable us to regain control of our borders.  The Conservative government has promised to repeal the Human Rights Act but progress has been slow so far.  Reporting on the many issues has been poor with the main focus on the scrapping between the Tory party factions rather than on a measured debate.

The crucial question on how our rights will be affected after a vote to leave – if that should happen on Friday – has received little coverage.  Partly this is because of the complexity of the subject and also detailed discussions of legal judgements does not make for racy copy.  As ever, Rights Info has done an excellent job of discussing the issues with a link through to the Independent newspaper (now only online) which has also done a detailed analysis.

Despite its faults, the European Convention, which in turn led to the Human Rights Act, has been of considerable benefit to ordinary people.  For many this will come as a surprise and for readers of the right wing press in the UK, a statement at variance to the facts as they know them.  And this has been a large part of the problem: a deliberate and sustained attack on the act which has included misreporting, non-reporting and the running of scare stories many of which have no foundation in fact.  For readers of the Daily Mail in particular but also the Sun, the Daily Telegraph and the Daily Express, they are treated to lurid stories of terrorists going free, criminals living the high-life in prison and murderers demanding pornography as their ‘human right’ (they didn’t).

Why the right wing media should be so hostile to the act (as opposed to airing proper criticism of it) is discussed by Francesca Klug in her book A Magna Carta for all Humanity (Routledge, 2015).

As the late, great former Lord Chief Justice Lord Bingham put it: there is ‘inherent in the whole of the ECHR … a search for balance between the rights of the individual and the rights of the wider society.’  For the press to mention this inherent approach would not only spoil a good story, it could draw attention to an inconvenient truth: that Article 10 ECHR, the right to free expression, explicitly states that free speech comes with ‘duties and responsibilities’.  This is not a very popular statement with many journalists.  But, I suppose – with notable exceptions – the press is hardly alone in thinking that responsibilities apply to everyone but themselves.  (p265)

She goes on to explain that there was little legal remedy against press intrusion before the act was passed.  Common law provided no real protection.  An example was Gordon Kaye, the star of the TV series Allo, Allo who was recovering in hospital after a car accident.  Two Sunday Sport journalists entered his hospital room and interviewed and photographed him.  In view of his medical state it is unlikely he knew what was happening.  Under existing English law he had no redress.

Brexiters like to portray English law as some kind of noble construct which has been diminished by Europe and that by leaving, we will be able to get rid of all this interference by ‘unelected European judges’ and get back to the way we were.  Europe is presented in purely negative terms and acting to diminish our rights.  British law is indeed a fine system in many respects, but without the HRA we would never have had the investigation into the activities of the press and phone hacking; no Leveson enquiry and the Murdochs (father and son) being asked to come before a select committee.

The benefits of the act to ordinary people in their struggles for justice against the police or public authorities are seldom mentioned.  The use by the media themselves to defend their sources or to prevent unjust interference by the police or security services is likewise rarely mentioned.  The rights ordinary people enjoy have almost in every case been achieved after a struggle and the current government is keen to erode these rights still further.  Access to the courts and the availability of legal aid has been seriously curtailed; further legislation to diminish the – already limited – rights of trades unions is planned, and the Snooper’s Charter is well on its way to becoming law.

The idea therefore that we will be better protected if we leave is not supported by the evidence.  If we leave Europe and the process begins to abolish the Human Rights Act (which our MP, Mr John Glen is keen to do) and other treaties, it will only result in diminished rights for the ordinary people of this country.

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Unpublished letter


Text of letter sent to Salisbury Journal

The following letter was sent to the Journal in Salisbury but regrettably for space or other reasons it was not published (14th April).  We do not know at present what the current situation is with the promised bill to abolish the Human rights Act and replace it with a British Bill of Rights (or whatever it is to be called).  It is a manifesto promise and a draft was to be published in the Autumn but has not yet appeared.  It is possible that the arrival of Michael Gove into the Justice Dept. had something to do with it.

Now that we are in full swing with the debate about leaving the European Union, it is possible that this has been shelved for the moment.  Mr Gove is a leading proponent for the Brexit camp who – if current polls are to be believed – are doing well at the moment.  The calculation may therefore be that if they win then the scene is set to dump the HRA as well.

On the other hand, there will be a heavy workload in managing our exit and carrying out the negotiations to secure access to the European market once we leave, so there will be limited civil service and parliamentary time to spend on a new Bill of Rights.

But back to the letter and our local MP John Glen is keen to abolish the HRA and it would be a pity if he is given space in the Journal again to put forward his views and the opportunity is not given to those who disagree with him.  The unpublished letter:

Britain has had a proud history of leading the charge on human rights progress from the aftermath of the Second World War when we were key drafters of the European Convention of Human Rights, to the suffragette movement, to gay rights and other equality legislation. We have often been champions of progress.
What a shame, then, that this year the UK was singled out for criticism in Amnesty International’s annual report on the state of the world’s human rights.  Amnesty is warning that the government’s plan to tear up the Human Rights Act is a gift to dictators all over the world.  Russia recently drafted legislation which allows it to ignore human rights rulings it doesn’t agree with. Far from being able to condemn that action and call on Putin to uphold basic human rights, the UK is actually talking about following suit.  Music to the Kremlin’s ears, no doubt.
Here in Salisbury, the local Amnesty group is campaigning to save the Human Rights Act.  Britain should be a world leader on human rights.  The Human Rights Act protects ordinary people – from the elderly to hospital patients, to domestic violence victims – and we want to see those protections spoken about with pride by our politicians.  We should be redoubling our commitment to enduring human rights principles in these troubling times, not undermining them.
Let’s hope next year’s annual report on the UK reads: “much improved”.

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