Dominic Raab has responded to criticism that replacing the Human Rights Act is “racist” and sets up a new Brexit standoff as he publishes the controversial legislation.
A new Bill of Rights is under fire for breaching vital protections while putting the UK on a collision course with Brussels, by neutralizing the influence of the European Court of Human Rights (ECHR).
But in an interview with the independentthe deputy prime minister accused his critics of ignoring “common sense” and exaggerating the risk of a clash with the Strasbourg court.
Activists have warned that injustices like the Hillsborough disaster and the failure to investigate “black cab rapist” John Worboys would never have been exposed had the reorganization already taken place.
And they said plans to have prior “complainant conduct” taken into account when cases of rights violations are brought will affect minority ethnic groups disproportionately.
But Raab dismissed those fears, insisting that no one would be affected by being included in a police database or being stopped and searched.
“Common law already reflects the principle that a claimant seeking compensation must come with clean hands, so why shouldn’t we do that with human rights claims? For most people, that’s just common sense,” Raab said.
He also rejected a warning, from a Cambridge University EU law professor, that ignoring ECHR rulings risks retaliation from the EU for violating the Brexit withdrawal agreement.
Raab said: “Our track record of complying with the Strasbourg rulings compared to other major EU countries is very strong, so it’s not a very balanced critique, if I may put it delicately.”
The Deputy Prime Minister, and Justice Secretary, is also under fire for failing to allow proper parliamentary scrutiny of the Bill of Rights, contrary to the recommendation of the Commons committees.
About 150 organizations, led by the Liberty campaign group, fear drastic changes, albeit without “robust consideration” of reorganization.
By publishing the bill, Mr Raab will confirm that the UK will remain in the European Convention on Human Rights, after No. 10 hinted it could withdraw, amid controversy over Rwanda deportations.
But the reshuffle will prevent a repeat of the ECHR using an interim injunction to block flights, by making it clear that the ‘rule 39’ moves are not binding on UK courts.
It will make it easier to deport foreign criminals and asylum seekers, by removing the defense of the right to family life in the UK for anyone convicted of a “prison sentence” offence.
The crackdown will also block attempts to enforce human rights before they even reach the courtroom, by requiring early proof of “significant disadvantage.”
It will make the UK Supreme Court “the ultimate judicial decision maker” on human rights issues, removing the need to follow ECHR case law.
Raab will also argue that he is boosting media freedom by introducing a stricter test for courts to consider before ordering journalists to reveal their sources.
Reference-www.independent.co.uk