UK

“What have we become?” Ministers said to be considering opt outs of Human Rights Act laws

Labour's Shadow Justice Secretary said: “A future where (the) UK breaks its international law obligations, and opts out of Human Rights protections is a very bad future.”

 by Jack Peat

 September 13, 2020

in Politics

Boris Johnson has instructed ministers to look at opt-outs from the Human Rights Act, with a formal review expected to be announced in the coming weeks.

The Tory manifesto pledged to “update” the Act after Brexit, but the move is contentious with Brussels and negotiators have expressed concern over the UK’s commitment to the European Convention on Human Rights.

The moves could prevent many migrants and asylum seekers from using the legislation to avoid deportation and protect British soldiers against claims relating to overseas operations. 

Dominic Cummings, the Prime Minister’s most senior adviser, has previously attacked the European Court of Human Rights in Strasbourg for judgments, based on the ECHR, blocking the deportation of “dangerous” foreign criminals.

Mr Cummings has warned that voters would expect the jurisdiction of European judges to end in the UK as part of the Brexit process, but others have expressed dismay at the move.

Shadow Justice Secretary, Lord Falconer, said: “A future where (the) UK breaks its international law obligations, and opts out of Human Rights protections is a very bad future.”

While Jo Maugham QC added: “Shocking that the United Kingdom, once thought a leader amongst nations, should in a single week signal a desire to flout both international law and to fail to adhere to basic human rights protections. What have we become?”

Cummings now wants to roll back human rights laws. He’s out of control.

The Telegraph has reported that Boris Johnson’s government is set to ‘opt out’ of human rights laws. This is, of course, part of Brexit. It also appears to have Dominic Cummings’ hands all over it. But the reality is that even under EU rules, successive Tory governments flouted them anyway.

Human rights under threat?

On Sunday 13 September, the Telegraph said that the UK government was planning to put in place “optouts” [sic] from the Human Rights Act. The Telegraph wrote that ministers:

are drawing up proposals to severely curb the use of human rights laws in areas where judges have ‘overreached’.

 One group the government is targeting is asylum seekers. It wants to stop judges applying to the European Court of Human Rights in asylum cases. The Telegraph noted that the government will be doing a formal review into the laws. This is in line with the Tories’ 2019 manifesto commitments.

But as with many government actions, Johnson’s aide Cummings appears to be at the centre.