Human rights

Taking the ‘cat-flap’ seriously

              Today’s ‘cat-flap’ between Ken Clarke and Theresa May exposes one of the largest divides in the Conservative party today. May, along with most Tory MPs, wants to get rid of the human rights act, while Clarke and the attorney general Dominic Grieve want to keep it. May, to the surprise of her colleagues, used a pre-conference interview with the Sunday Telegraph to make clear her desire to get rid of the act. After this, there was always going to be a reaction from Clarke & Co. One ally of the Justice Secretary tells me that his comments today were spurred, in part, by an irritation

May’s cat story is nonsense

If Theresa May took Ken Clarke up on his wager that no one has avoided deportation because they had a cat, as May claimed in her speech earlier, she should pay up. According to the Guardian’s Andrew Sparrow, a spokesman for the Judicial Office has explained: ‘This was a case in which the Home Office conceded that they had mistakenly failed to apply their own policy – applying at that time to that appellant – for dealing with unmarried partners of people settled in the UK. That was the basis for the decision to uphold the original tribunaldecision – the cat had nothing to do with the decision.’ This is

The Tory split over the ECHR

Ken Clarke is speaking at a Daily Telegraph fringe event and he was quick to play a few of his favourite European games in response to Theresa May’s assault on the Human Rights Act and the European Court of Human Rights. Nick Watt reports that Clarke claims May did not brief of her examples of the HRA being abused. And he cast doubt on their veracity: according to Lucy Manning, Clarke jovially challenged May to substantiate her claim that a criminal was not deported on human rights grounds because they happened to own a cat. This may seem like fun and games, but it reveals the tension over the HRA and the ECHR that exists

The human rights smokescreen

Today’s papers resound with the news that Theresa May is resisting Liberal Democrat opposition to close the loophole over the “right to family life”, Article 8 of the European Convention on Human Rights. This change, it is argued, will ensure that foreign criminals are deported so that the courts protect, as David Cameron put it, “the United Kingdom”.  The announcement is a carefully choreographed step to differentiate the Tories from the Liberal Democrats. Dr Evan Harris, the self-anointed king of the Lib Dems in exile, told the BBC this morning: ‘It’s actually a useful tool because it enables Nick Clegg to say the Human Rights Act (HRA) is here to say

Labour and the forces

The main event at the Labour conference this morning has been a long debate on Britain’s place in the world, featuring Douglas Alexander, Harriet Harman and Jim Murphy – shadow foreign secretary, shadow DfID secretary and shadow defence secretary respectively. The debate touched on liberal intervention, soft power and human rights; there was even a video message from Aung San Suu Kyi. But Murphy’s extended homily on the military covenant was the centre piece of the discussion. Murphy revealed a plan to allow servicemen to join the Labour party for just £1 and he also pledged to defend the pensions of retired servicemen and their widows from cuts, saying that reducing payments was

Medvedev clears the way for Putin

President Dmitri Medvedev has named his successor: one Vladimir Putin. Reports from Moscow say that Medvedev will step aside and support the man he succeeded in elections next March. This turn of events is not particularly surprising and Putin is a certain victor: as Pavel Stroilov revealed on Coffee House last week, Putin has been practicing that singularly Russian art of eliminating the opposition. Stroilov also warned Western governments against falling into Putin’s embrace. Russia is forecast to grow very quickly in the next 30-odd years, retaining its spot in the G7 according to PwC’s recent research paper, The World in 2050. Developed countries will covet those burgeoning resources; but,

Cameron mustn’t fall further into Putin’s trap

“Russian democracy has been buried under the ruins of New York’s twin towers”, famous KGB rebel Alexander Litvinenko wrote in 2002. The West, he warned, was making a grave mistake of going along with Putin’s dictatorship in exchange for his cooperation in the global war on terror. He would never be an honest partner, and would try to make the Western leaders complicit in his own crimes – from political assassinations to the genocide of Chechens. As a KGB officer, Putin would see every friendly summit-meeting as a potential opportunity to recruit another agent of influence. David Cameron, whose summit-meeting with Putin coincided with the sombre jubilee of 9/11, would

Getting tough on discipline

A fortnight ago, The Spectator asked if Cameron was fit to fight? We wondered if he had the gumption to use the political moment created by the riots to push through the radical reforms the country needs.  So, it’s only fair to note that the government has today actually done something—as opposed to just talking about—the excesses of the human rights culture. The Department for Education has stopped the implementation of new regulations that would require teachers to log every incident in which they ‘use force’ with children. These new rules would have made teachers record every time they had pulled apart two kids in a corridor or intervened to

The Lib Dem conference advantage

Traditionally the fact that the Liberal Democrats hold their conference first and still vote on party policy at it has been regarded as a disadvantage. But this year, I suspect that these two things will be in their favour. By going first, they will get to set the terms of debate for conference season. They’ll be able to spike their coalition partners’ guns on a whole variety of post-riots issues. They can make clear that they won’t accept any changes to the human rights act or any government push to encourage marriage. Even better, they can pass motions to this effect. They also will have first crack at setting out

Clegg paints the world yellow

Nick Clegg laughed-off the dousing of blue paint he received in Glasgow yesterday, like one of Noel Edmonds’ unwitting victims. Today, Clegg has turned into the grinning douser: drenching his coalition partners in yellow paint by saying that the European Convention on Human Rights will not be watered down. Writing in the Guardian, Clegg says that the Conservatives are right to seek operational reform of the European Court of Human Rights, but the common ground ends there. He says that “the Human Rights Act and the European convention on human rights have been instrumental” in preventing injustices from council snooping to the misuse of DNA records and that the incorporation

Cameron needs to take this opportunity

Libya has elbowed the riots off the front page. But, in the medium-term, how Cameron responds to them remains one of the big tests of his premiership. In the Evening Standard today, Tim Montgomerie vents the frustrations of those Tories who fear that Cameron is missing his chance. Tim’s complaint is that Cameron has actually done — as opposed to said — very little and that the chance to use this moment to push through a whole bunch of big, necessary changes is being missed. With every day that passes, action on — say — the Human Rights Act becomes less likely as the Liberal Democrats become more dug in.

Human rights wrangle

A set-to has broken out this morning over the Human Rights Act. David Cameron has declared that he is going to fight the Human Rights Act and its interpretation. Cameron writes: ‘The British people have fought and died for people’s rights to freedom and dignity but they did not fight so that people did not have to take full responsibility for their actions. So though it won’t be easy, though it will mean taking on parts of the establishment, I am determined we get a grip on the misrepresentation of human rights. We are looking at creating our own British Bill of Rights. We are going to fight in Europe

Riot sentencing row brews

David Cameron promised that looters would feel the full force of the law. Courts have been sitting round the clock holding defendants on remand and issuing stern sentences. This is causing disquiet in some circles. Lib Dem MPs complain that the government has overacted, incapable of resisting the temptation to take draconian decisions without adequate scrutiny. Tessa Munt told the Guardian that the government’s approach “smacks of headline grabbing by Conservatives, not calm, rational policy-making.” Lady Hamwee also told the paper that it would be a “great pity if what [the justice secretary] Ken Clarke has been doing – finding a better way of sentencing – was to be undone.” Much

Massacre in Hama hastens the need to tackle Assad

Syrian President Bashar Al Assad has praised his troops for ‘foiling the enemies’ of his country. Some enemies. 140 civilians are said to have died in a pre-Ramadan crackdown on protesters, adding to the toll of 1,600 civilians who have been killed since anti-government demonstrations began in mid-March. Details of the events in Hama are unclear because journalists have been kept out of Syria. But the pattern of events is familiar: protests against the Assad regime emerge; the army moves in to kill demonstrators; more protests then take place, which leads to more killings. Meanwhile, the international community stands by. Germany and Italy have called for an urgent meeting of

Stopping Syria

Syria is still ablaze and the West seems unable to do douse the flames. And the risk of the Assad regime committing even greater violence will increase when the world’s media moves on. The reasons for Western impotence are manifold. First, for a long time Western leaders thought they could reason with Assad and therefore shied away from direct pressure. When they decided to act, they discovered that Assad is immune to European pressure because Syria does little trade with Europe. But, crucially, many Syrians are either loyal to the regime or fear triggering disintegration of the sort they have seen in neighbouring Lebanon and Iran. Finally, unlike Libya, the

The danger of unbalanced trade with China

The Chinese premier seems to like cars; the Chinese in general seem to like cars. China has bought MG in Britain and Volvo in Sweden, to which it has just added Saab. If the Chinese can make European car companies viable, then what’s the problem? Theoretically nothing: trade will help the Chinese and Europeans alike. But, as Robert Peston made clear in his questioning of Wen Jiabao, trade remains unbalanced. For example, European companies are excluded from public procurement contracts in China. It is also worth noting that China’s purchase of Spanish and Greek bonds over the past year, coupled with their promise to buy from Hungary, have made it

You couldn’t make it up: Crook freed from jail to look after his five kids

Sometimes I wonder if the judiciary and the human rights culture are just trying to make Richard Littlejohn’s columns look understated. Today’s story in the Daily Mail about how a convicted criminal has been freed from prison because of the effect that his incarceration was having on his children is in real ‘you couldn’t make it up’ territory. Wayne Bishop, a father of five, had been sentenced to eight months behinds bars after pleading guilty to burglary and dangerous driving. But he has now been freed after judges worried about the effect of his imprisonment on his childcare arrangements given that he and his partner have split up and Bishop has

Dylan urged to stop blowing with the wind

As one famous artist vanished in Beijing, another appeared. Bob Dylan has begun a tour of China in the same week as Ai Weiwei became the most prominent victim of Beijing’s current repression drive. Ai has been unlawfully incarcerated for what the authorities describe as ‘economic crimes’, and the cry has gone out for his release. Except that the cry has been more of a whimper. Western governments have largely ignored Beijing’s clampdown, which began in February as democratic activism spread from Cairo to Chinese websites. No trade sanctions or UN Resolutions are being issued here, just stern communiqués. Some human rights activists have called on Bob Dylan’s celebrity to

The threat to a British liberty

It’s a funny old world. I have now been contacted by two journalists informing me that Bedfordshire Police are investigating The Spectator. Why? Because of the Melanie Philips blog where she referred to the “moral depravity” of “the Arabs” who killed the Fogel family in Israel. CoffeeHousers can judge for themselves if they agree or disagree with her language and views – but should this be illegal?  The Guardian has written this story up, claiming The Spectator is being investigated by the Press Complaints Commission. This is untrue. The PCC tell me that a complaint has been lodged, but that’s as far as it has gone. They investigate only if

Fraser Nelson

Clegg’s coup

Libya is not the only scene of conflict today. Nick Clegg has just won a powerful victory over the Conservatives, appointing a Bill of Rights commission which is certain to leave the ECHR intact. When you see the names Philippe Sands, Helena Kennedy and Lord Lester on the list — even alongside Tories — you know that this review is over before it has begun. Clegg is a firm believer in Europe, and has played his hand very well — outmanoeuvering the Conservatives who thought that a British Bill of Rights should supplant edicts from Strasbourg. Upshot: there may still be a Bill of Rights, containing various declarations inserted by