Give us Back Our Rights

The Afghans who hijacked a civilian airliner are rewarded with a judgment that they are entitled to stay in Britain at the taxpayer's expense. Foreign terrorists who reportedly plot the murder of hundreds of British civilians cannot be deported back to their countries of origin, nor may they be detained here. Murderers and rapists are entitled to have any decision to keep them in prison reviewed by a judicial hearing, at which they must be represented by a lawyer - and as a result, an intimidated Probation Service frees killers who go on to murder fresh victims.

The British public is increasingly worried by judgments whose effect is to rank the "rights" of criminals higher than those of law-abiding citizens. As a result, the whole notion of human rights is becoming discredited. Rather than basic protections against arbitrary power, "human rights" are now seen as legal fictions that prevent the police, the intelligence services and other government agencies from doing what they believe needs to be done in order to safeguard the nation.

David Cameron, the leader of the Opposition, sensing the sea-change in the national mood, said last week that the Conservatives would repeal the Human Rights Act. Such a move, however, will make little difference to the legal landscape in Britain. The Act merely enshrines the European Convention on Human Rights in UK law.

While Britain remains fully committed to that Convention, repealing the Human Rights Act will not alter a single judicial decision. When domestic law and the European Convention (and the interpretations of it which have been authorised by the European Court) conflict, British judges are obliged to give precedence to European law. As long as we remain signatories to the European Convention, that obligation will continue.

The only way to remedy judicial decisions that "defy common sense" (to use the Prime Minister's apt phrase) is to opt out of the European Convention altogether: there would be few if any harmful effects. There may be claims that it would set "a bad example" - but Britain is not responsible for the legal systems of other countries.

If the price of re-establishing the connection between the democratically expressed will of the majority and the law of the land is withdrawing from the European Convention, it is a price worth paying.

In his moments of intense frustration with "human rights" decisions from the courts, Tony Blair himself has mooted that step - but it is doubtful that he has either the political courage to take it, or the support within his own party. It would unquestionably trigger howls of outrage, both domestically and internationally, which it would take an iron will to resist. We hope that Mr Cameron proves to have the necessary reserves of courage and commitment. The protection of the public requires no less.
Comment, The Sunday Telegraph, 14th May 2006

Letters to the Editor
This 'Criminal' Charter' Must be Torn Up

In common, I am sure, with the vast majority of people in this country, I am appalled that the nine Afghani hijackers, who forced a plane to fly to Stansted in 2000, have been allowed to remain in this country at taxpayers' expense to protect their human rights. There can be no mitigation for acts of terrorism - for, let's make no bones about it, hijacking is an act of terrorism. However, I am even more disgusted that Tony Blair should have the unmitigated gall to condemn the decision of Mr Justice Sullivan to free these men.

The Prime Minister described the Judge's decision as "an abuse of common sense" - when all he did was to enforce the European Human Rights Act - legislation that Mr Blair himself was responsible for introducing. It is the Act itself that is an abuse of common sense. A more appropriate title for that piece of Eurocratic nonsense would be the "Criminals' Charter".

Britain's record on human rights is second to none and we certainly never needed a bunch of unelected buffoons in Brussels to lecture us on the subject. The European Act is the biggest single stumbling block to tackling terrorism and major crime and we need to withdraw as signatories without delay.
Robert Readman, Bournemouth, Dorset
The Sunday Telegraph, 14th May 2006

Further Resources
Fed up with the EU and political correctness?

Ten Minutes to Midnight by Phillip Day
The Real Face of the European Union by Phillip Day, video documentary (PAL format only)

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