Dominique Raab responded to criticism that the replacement of the Human Rights Act was “racist” and created a new clash for Brexit as it published controversial legislation.
A new human rights bill has been criticized for severing vital protections, while putting the UK on the brink of clashing with Brussels – by castrating the influence of the European Court of Human Rights (ECtHR).
But in an interview with The Independent, the deputy prime minister accused his critics of ignoring “common sense” and exaggerating the risk of a clash with the Strasbourg court.
Campaigners warned that injustices such as the Hillsborough crash and the failure to investigate John Blackboys’ “black taxi rapist” would never have been uncovered if the quake had already taken place.
And they said that the plans for past “behavior of the plaintiffs” to be taken into account when instituting infringement cases would disproportionately affect ethnic minority groups.
But Mr Raab dismissed those fears, insisting that no one would be affected simply because he was placed in a police database or stopped and searched.
“Common law already reflects the principle that a claimant seeking compensation must come with clean hands, so why not do so with human rights claims?” For most people, it’s just common sense, “Mr Raab said.
He also rejected a warning by an EU law professor at the University of Cambridge that ignoring the ECtHR’s decisions risks retaliation from the EU – in breach of the Brexit withdrawal agreement.
Mr Raab said: “Our attempt to comply with the Strasbourg decisions compared to other major EU countries is very strong, so it is not a very balanced critique, if I may say so gently.
The Deputy Prime Minister – and the Minister of Justice – have also been criticized for failing to allow proper parliamentary scrutiny of Billa’s rights, against the recommendation of municipal commissions.
Some 150 organizations, led by the Liberty campaign group, fear that dramatic changes will be made, albeit without “in-depth consideration” of the shake-up.
By publishing the bill, Mr Raab will confirm that the United Kingdom will remain in the European Convention on Human Rights – after number 10 hinted that it could withdraw, amid a dispute over deportations in Rwanda.
But the change will prevent a recurrence of the ECHR by using a temporary ban on blocking flights, making it clear that Rule 39’s actions are not binding on UK courts.
This will facilitate the deportation of foreign offenders and asylum seekers by depriving the United Kingdom of the protection of the right to family life for anyone convicted of the crime of “imprisonment”.
Repression will also block attempts to enforce human rights even before they reach the courtroom, requiring early evidence of suffering a “significant shortcoming”.
This will be done by the UK’s Supreme Court, the “ultimate judicial body that decides” on human rights issues, eliminating the need to follow the case law of the ECtHR.
Mr Raab will also say he is boosting media freedom by introducing a stronger test for courts to consider before ordering journalists to reveal their sources.
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