Human rights

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

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

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

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

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

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.

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

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

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

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

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

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,

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

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

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.

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

Laughing Mohammad Larijani, the Comical Ali of Iran

In the week when the Iranian regime forced Sakineh Mohammadi Ashtiani to goulishly re-enact the murder of her husband on TV, it is worth reading Newsweek’s interview with Mohammad Javad Larijani, a regime insider. His answers call to mind Comical Ali, whose delusional denials of the US advance in Iraq made everyone realise how detached from reality Saddam Hussein’s regime really was. First on the matter of torture, routinely said by the UN, former prisoners and defectors to be used by Iranian officials: “Torture is forbidden by the Constitution. Any law officer who tortures civilians will meet a very harsh punishment.” Of course, he admits, the Iranian system could “need

The strange case of Turkey, Islamic history and V.S. Naipaul

Nobel laureate V.S. Naipaul has pulled out of the European Writers’ Parliament in Istanbul, following pressure from Turkish writers who felt ‘uneasy’ about comments he had made about Islam in 2001. Naipaul compared Islam to colonialism, arguing that both had had ‘a calamitous effect on converted peoples. To be converted you have to destroy your past, destroy your history. You have to stamp on it, you have to say ‘my ancestral culture does not exist, it doesn’t matter.’ Naipaul’s comments concern the factual context of Islam’s expansion between the 7th and 17th centuries, hence the comparison with colonialism. (He continued his diatribe on Indian history by saying: ‘We should face

The Foreign Office responds

I have just received some answers from the Foreign Office about the Bangladesh war crimes tribunal. I asked if William Hague had sent a letter to his counterpart in Bangladesh saying that there were no war criminals from the 1971 independence war in Britain. A spokesman said that while they did not comment on leaked documents, the following points could be made with reference to the war crimes trials currently taking place in Bangladesh: 1) The UK wants to see all war criminals brought to justice. It is essential that all war crimes’ tribunals are held to internationally accepted standards and that anyone accused of a war crime is given

Could Burma’s sham election bring real change?

For the first time since 1990, Burma went to the polls. Though the final results have not been released, most regard the election as a sham meant to cement military rule, with complex election rules put in place to exclude opposition candidates as well as interference from the junta in the campaign and a ban on foreign reporting.   Senior General Than Shwe and his camouflage-clad cohorts are likely to get away with the electoral theft. Nearly all of Burma’s neighbours -– Thailand, India and China included -– are willing to ignore the regime’s failings to obtain commercial benefits.  As The Telegraph has reported, Chinese investment in Burma stands at