A new Declaration of Rights comes under fire for snatching vital protections while putting the UK on a trajectory of conflict with Brussels – sterilizing the influence of the European Court of Human Rights (ECHR). However, in an interview with The Independent, the Deputy Prime Minister accused his critics of ignoring “common sense” and of exaggerating the risk of a conflict with the Strasbourg Court. Campaigners have warned that injustices such as the Hillsborough disaster and the failure to investigate “black taxi rapper” John Worbos would never have been revealed if the unrest were already in place. And they said that the plans for the previous “behavior of the plaintiffs” that will be taken into account when initiating cases of violations of rights will disproportionately affect the ethnic minorities. But Mr. Raab dismissed those fears, insisting he would have no impact on anyone simply because they have been placed in a police database or stopped and investigated. “Common law already reflects the principle that a plaintiff seeking compensation must come with clean hands, so why not do it with human rights claims? “For most people, that’s just common sense,” said Raab. He also rejected a warning by an EU law professor at Cambridge University that ignoring ECtHR decisions runs the risk of retaliation by the EU – for violating the Brexit withdrawal agreement. Mr Raab said: “Our history of compliance with the Strasbourg decisions compared to other major EU countries is very strong, so it is not a very balanced critique, if I may put it mildly.” The Deputy Prime Minister – and Minister of Justice – is also under fire for failing to allow proper parliamentary scrutiny of the Declaration of Rights against the establishment of Committees. About 150 organizations, led by the Liberty campaign group, fear dramatic change, albeit without a “vigorous examination” of the unrest. Announcing the bill, Mr Raab would confirm that the United Kingdom would remain in the European Convention on Human Rights – after No. 10 hinted that it could withdraw amid the expulsion dispute in Rwanda. However, the reversal will prevent the ECHR from being repeated by using an interim injunction blocking flights, making it clear that the “rule 39” moves are not binding on UK courts. It will facilitate the deportation of foreign offenders and asylum seekers, removing the defense of the right to family life in the UK for anyone convicted of a “prison” offense. The crackdown will also hamper human rights efforts even before they reach a courtroom, requiring timely evidence that there is a “significant handicap”. It will make the United Kingdom Supreme Court the “absolute arbiter” in human rights matters, eliminating the need to comply with the case law of the ECHR. Mr Raab will also argue that it strengthens media freedom by introducing a stronger test that courts must consider before ordering journalists to reveal their sources.
