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Attorney General, Conservative, Council of Europe, cut, Data Retention and Investigatory Powers Act, David Cameron, death, Department, disabled, Dominic Grieve, DWP, european convention, European Court, human rights, incoherent, legal aid, Mandatory Work Activity, Pensions, privacy, secret court, sick, slavery, snoopers charter, surveillance, Tories, Tory, trial, Winston Churchill, work, Workfare
Sacked: Dominic Grieve’s reservations about Legal Aid cuts put him at adds with the Coalition government; it seems his concern over a planned attack on human rights led to his sacking.
Now we know why former Attorney General Dominic Grieve got the sack – he is said to have opposed a forthcoming Conservative attack on the European Court of Human Rights, which he described as “incoherent”.
Coming in the wake of his much-voiced distaste for Chris Grayling’s cuts to Legal Aid, it seems this was the last straw for David Cameron, the Conservative Prime Minister who seems determined to destroy anything useful his party ever did.
The European Court of Human Rights was one such thing; Winston Churchill helped set it up after World War II and its founding principles were devised with a large amount of input from the British government. It is not part of the European Union, but is instead connected to the Council of Europe – an organisation with 47 member states.
It seems the Conservatives want to limit the European Court’s power over the UK, because they want Parliament to decide what constitutes a breach of human rights.
The opportunities for corruption are huge.
Considering the Conservative-led Coalition’s record, such corruption seems the only reason for the action currently being contemplated.
The plan could lead to the UK being expelled from the Council of Europe, and the BBC has reported that Mr Grieve had warned his colleagues that the idea was a plan for “a legal car crash with a built-in time delay”, an “incoherent” policy to remain a signatory to the European Convention of Human Rights but to refuse to recognise the rulings of the court which enforces it.
This blog has already discussed the Tories’ plan to take away your human rights but it is worth reiterating in the context of the latest revelation.
The United Kingdom helped to draft the European Convention on Human Rights, just after World War II. Under it, nation states’ primary duty is to “refrain from unlawful killing”, to “investigate suspicious deaths” and to “prevent foreseeable loss of life”.
The Department for Work and Pensions has been allowing the deaths of disabled people since 2010. Withdrawing from the European Convention and scrapping the Human Rights Act would mean this government would be able to sidestep any legal action to bring those responsible to justice.
Article 4 of the Convention prohibits slavery, servitude and forced labour – in other words, the government’s Mandatory Work Activity or Workfare schemes. The government has already faced legal action under this article, and has been defeated. It seems clear that the Tories want to avoid further embarrassment and inflict the maximum suffering on those who, through no fault of their own, do not have a job.
Article 6 provides a detailed right to a fair trial – which has been lost in the UK already, with laws allowing “secret courts” to hear evidence against defendants – which the defendants themselves are not permitted to know and at which they are not allowed to be present. The Legal Aid cuts which Mr Grieve opposed were also contrary to this right.
Article 8 provides a right to respect for one’s “private and family life, his home and his correspondence” – and of course the UK’s violation of this right has been renewed only this week, with the Data Retention Act that was passed undemocratically within a single day.
And so on. These are not the only infringements.
Clearly the Tories want to sideline the European Court so they never have to answer for their crimes against the British people.
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