Human rights

Saturday

James Forsyth

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

Friday

David Blackburn

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

Friday

Fraser Nelson

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 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

Thursday

James Forsyth

The British Bill of Rights stalls

A British Bill of Rights has long been the Tory leadership’s sticking plaster solution to the problems posed by the ECHR. The idea is that a British Bill of Rights would give this country a greater margin of appreciation in interpreting the convention. But this morning this plan is in tatters.   The long-awaited commission on the British Bill of Rights is clearly going nowhere.  Any commission which includes Lord Lester and Helena Kennedy, two of the Lib Dem appointees to it, isn’t going to improve the situation.   The failure of this commission even before it has started is a reminder that this problem isn’t going to be solved

Wednesday

David Blackburn

Government to appeal on prisoner votes

PoliticsHome reports that the government is to ask the ECHR to reconsider its verdict in the prisoner voting rights case. The website says: ‘In a response to a parliamentary question from Labour MP Gordon Marsden, Cabinet Office Under-Secretary Mark Harper said: “We believe that the court should look again at the principles in “Hirst” which outlaws a blanket ban on prisoners voting, particularly given the recent debate in the House of Commons.”’ This is unsurprising. Last month, the government asked its lawyers to advise on the ramifications of noncompliance. The lawyers were unequivocal: the repercussions of such defiance was diplomatically impossible and extremely expensive. As non-compliance is foolhardy and acquiescence

Tuesday

David Blackburn

Toppling Mad Dog

Should Gaddafi be pushed? That is the question diplomats and policy makers are beginning to ask. The UN has imposed travel restrictions and frozen Gaddafi’s assets. But Gaddafi is resisting the hangman’s noose; the loss of his Mayfair property empire is the merest of inconveniences. And still he fights on. There is now a growing humanitarian case for direct military intervention by Western powers. However, there are plenty of arguments against even introducing a no-fly zone. Gideon Rachman makes some of them in today’s FT: ‘A few of the problems are practical. Some military observers say that a no-fly zone would be of limited use in Libya, since Col Gaddafi

Tuesday

Daniel Korski

How young Arabs saved the old West

Three months ago the future looked bleak for the West. The countries that once dominated the world, invented capitalism, articulated mankind’s universal desire for freedom and defended it against all enemies looked destined for an impoverished future squeezed by the authoritarian capitalists of the East and unsure about the righteousness of its ideological foundation. Even one-time liberals, whose life has been shaped in a struggle for human rights embraced China and its state-backed progress. Now, thanks to the pro-democracy protesters in the Middle East, the West is back. Not that it backed the democratic movements and now stands to reap the benefits. As Paul Wolfowitz said, the people are setting

Sunday

James Forsyth

Clarke rebukes May for her comments on sex offenders’ register ruling as Tory split over human rights grows

The Conservative side of the coalition is being increasingly split by the issue of the European Convention on Human Rights. After the Supreme Court in London declared that human rights legislation required that sex offenders had to be given a chance to take their names off the register, the Home Secretary and the Prime Minister were appalled. In a statement to the Commons, May made some trenchant criticisms of the court ruling. This, I understand, prompted a furious letter from Clarke, the Justice Secretary, to May reminding her that she was constitutionally obliged to accept the independence of the judiciary. The letter was copied to Downing Street as the Prime Minister

Saturday

David Blackburn

Uproar on Arab Street

Deaths continue to mark the protests in Bahrain and Libya. Reports are inaccurate because communications have been broken, especially in Libya. YouTube is, again, invaluable.

Friday

David Blackburn

On the basis of this legal advice, the government is not planning to defy the ECHR

As I wrote this morning, the Times has obtained a copy of a government legal memo (written before last week’s prisoners’ debate in parliament) examining non-compliance with the ECHR’s infamous judgment. The newspaper argues that the government plans to defy the Court; and there are plenty rumours swirling around Westminster to that effect, which is hardly surprising given that the Times chanced upon this document. But it’s mostly hot air. The government lawyers actually advised against non-compliance on four separate grounds and revealed that British officials are working towards compliance. First, here are the recommendations of the advice: 1).    The Strasbourg judgements on Hirst and Greens and MT are

David Blackburn

It’s a knock out: judicial activism versus the sovereignty of parliament

The prisoner voting debate is coming to a head, and Dave has turned once too often. The Times has received (£) what it describes as a government legal memo, urging the government to defy the demands of the European Court of Human Rights. After last week’s parliamentary debate, the government’s lawyers calculate that the ECHR can only put ‘political pressure rather than judicial pressure’ on British institutions. This is a seminal moment: political will has not been met by administrative won’t. But would non-compliance succeed? Last month, Austria’s attempt to withdraw the franchise from all prisoners serving more than a year was thrown out by the ECHR; but one suspects

Wednesday

James Forsyth

It is not just the Strasbourg Court that is a problem on human rights

As we wait for the result of tonight’s ping pong between the Lords and the Commons over the forty percent threshold, there is one point worth noting about the row over the court ruling on the sex offenders’ register. The court that ruled that sex offenders sentenced to two and a half years cannot be placed on the sex offenders’ register for life was the British Supreme Court taking its cue from the European Convention on Human Right. This shows that merely pulling out of the jurisdiction of the Strasbourg Court will not be enough to end these human rights cases. The only guaranteed solution would be to remove the

David Blackburn

Parliament is not sovereign

Enough is enough. The British Bill of Rights is set to return: a consequence of the government’s running battle with parliament over the European Convention on Human Rights. Recent days have been filled with clues and suggestions of imminent reform: Dominic Grieve, a former advocate of the ECHR, went so far as to assert that Britain may leave the convention. Cameron let slip the news that a Bill Of Rights commission is to be convened at PMQs; at the time he was answering a question about the Supreme Court’s controversial sex offenders’ register decision. There are no details as to what the commission will consider, but Theresa May aired the

James Forsyth James Forsyth

Cameron breaks from the norm at PMQs

PMQs today contained a rare moment: the Prime Minister admitting that he wasn’t happy with government policy. Ed Miliband, who split his questions up this week, asked Cameron if he was happy with his position on forestry and Cameron replied, ‘the short answer to that is no.’ The answer rather drew the sting from the rest of Miliband’s questions on the topic. But it was a rather embarrassing admission for the PM to have to make.    Cameron made quite a lot of news at the despatch box this week. He accused Manchester City Council of making “politically driven” cuts, said that more regulations needed to be scrapped and announced

Friday

Jonathan Jones

From the archives: parliament versus the ECHR

Yesterday, parliament asserted its supremacy before the European Court of Human Rights. As Ross Clark explains, it has been a long time coming. The Final Indignity, 10th November 2001 by Ross Clark It wasn’t so long ago that the very mention of the words ‘European Convention on Human Rights’ in conservative circles was enough to provoke frothing at the mouth. Of all the horrors to emanate from the Continent, here was the final humiliation: British ministers ordered around by the bigwigs of European justice. No longer would we be able to beat our children or tell them that they can’t wear earrings and Motorhead T-shirts to their Latin lessons. Murderers,

Thursday

David Blackburn

In their own words…

Parliament will debate a prisoner’s right to vote tonight, to satisfy the ECHR’s now infamous judgement. Jack Straw and David Davis, the progenitors of tonight’s discussion, have taken time to explain why they believe the ECHR does not have the right to dictate to sovereign states on such matters. Writing for Con Home, Davis has constructed an impassioned polemic, decrying the British government’s ‘pusillanimous culture of concession’. Essentially, Jack Straw is making the same argument, albeit with precise procedural insight. He writes (£): ‘But is there some contradiction between my support for the HRA and my criticism of the Strasbourg court’s judgment in this case? Not at all. The reason

Wednesday

David Blackburn

Parliament is expected to deny prisoners the right to vote

These are hard times for the government and there is no respite. Today, parliament will debate a prisoner’s right to vote, in accordance with the wishes of the resented European Court of Human Rights. The Guardian’s Patrick Wintour writes what many suspect: on the back of a free vote, the House will deny prisoners the right to vote in all cases and outlaw compensation claims. Such a result would seem a set-back for the government, which was thought to favour a limited franchise on prisoner voting. If it became law, then the government would apparently be at odds with the ECHR – precipitating an ignominious procession of grasping lags, searching

Tuesday

David Blackburn

Davis and Straw unite against prisoner voting rights

David Davis and Jack Straw have joined forces to resist the enforcement of prisoner voting rights, an emotive issue bequeathed to the hapless coalition by the previous government. Beside the obvious moral question concerning prisoners’ rights, Davis hopes to open a second front in the struggle over sovereignty with the European Union. He told Politics Home: ‘There are two main issues here. First is whether or not it is moral or even decent to give the vote to rapists, violent offenders or sex offenders. The second is whether it is proper for the European court to overrule a Parliament.’ Unless Davis has confused his articles, his second point is invalid.

Thursday

David Blackburn

The right has little cause for alarm

It is to his credit that nuance is a word inimical to Lord Tebbitt. The unashamedly independent voice of the past has written a cutting piece about the coalition, the Lib Dems and the Oldham East by-election. He says: ‘A Lib Dem win would tilt the Coalition even farther Left and away from Conservative policies.’ Many Tory ministers joke that they thought themselves right wing until meeting their Liberal colleague. This is a radical government that many on the right can cheer. Iain Duncan Smith’s welfare reforms are intended to make work pay and break the cycle of dependency; Michael Gove’s education reforms are market orientated; Grant Shapps’ housing reform