Sadiq Khan speaks at the Labour conference in Brighton last year. Photograph: Getty Images.
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Sadiq Khan tries to shoot the Tory fox on human rights reform

Shadow justice secretary pre-empts expected Tory move by promising new guidance on the Human Rights Act. 

After cases such as the Abu Qatada affair and votes for prisoners, the Tories have made much of their commitment to reform human rights law. Theresa May has pledged that the next Conservative manifesto will include a commitment to scrap the Human Rights Act (something the Lib Dems have so far prevented them from doing) and has hinted that a Tory government could withdraw from the European Convention altogether. 

But after an inner-cabinet battle, sources suggest that the final reform package is likely to be more modest. William Hague, Dominic Grieve and Ken Clarke are among those who have warned that it would be untenable for Britain to become the first country to leave the convention (which it helped to invent) and to join Belarus as the only European state not under the Strasbourg court's jurisdiction. Michael Heseltine put it well when I interviewed him earlier this year

"I get as irritated as everybody does about the European Court of Human Rights, but of course that’s got nothing to do with the European Union. It’s a very difficult one, the European Court of Human Rights, every so often they come up with some absolutely gut wrenching decision and, in the end, you’re asked as a minister, and I was asked, 'well shall we get out?'

"And then of course I remember why we’re in in the first place, and we’re in in the first place because in the 40s, long before the European Union come into existence in any form, we signed up to sending a signal to the countries, the peoples behind the Iron Curtain, that to the west was a rule of law and certain enshrined rights for people. So 'yes minister , the question is, we do understand how furious you are with this judgement, do you want to be the first country to abrogate the treaty of human rights and send a signal, not just to the people of Europe, but to the rest of the world, whom you’re trying to improve, increase, encourage to improve their democratic and human rights records, do you want to be the first country to have torn up the treaty that made this all possible and led to the collapse of the Iron Curtain?' And as a minister you tend to go a bit quiet at the stage."

More likely, I'm told, is a British Bill of Rights, including a rewritten version of Section 2 of the Human Rights Act. This stipulates that UK courts must "take into account" Strasbourg's decisions when making judgements, but is often thought to be misinterpreted. It is notable, then, that Sadiq Khan, Labour's shadow justice secretary and a former human rights lawyer, has used a piece in today's Telegraph to outline his plan to reform precisely this part of the law. 

He writes: "The wording, contained in Section 2 of the Human Rights Act, very clearly states that our courts only have to take into account Strasbourg judgments, not be bound by them. This was extensively debated at the time in Parliament, and as the records clearly show, the Tories tried to change Labour’s wording, which would have actually resulted in our judges being bound by Strasbourg’s rulings. Thankfully, Labour defeated the Tories’ crazy plans.

"But 16 years on, I think we have to acknowledge that, at times, our courts haven’t always interpreted section 2 in the way we’d intended. Too often, rather than “taking into account” Strasbourg rulings and by implication, finding their own way, our courts have acted as if these rulings were binding on their decisions. As a result, the sovereignty of our courts and the will of Parliament have both been called into question. This needs sorting out.

"And it’s not just me saying that. Senior judges and former Law Lords have also raised concerns. Former Lord Chief Justice Lord Judge and former Lord Chancellor Lord Irvine both believe there’s a problem with how our courts have interpreted Section 2 of the Human Rights Act."

He adds that Labour will use the 800th anniversary of the Magna Carta to make it clear to judges that "they’re free to disagree with Strasbourg, that it’s sometimes healthy to do so, and that they should feel confident in their judgments based on Britain’s expertise and strong human rights standing." Khan believes that this could be achieved through guidance alone, but does not rule out legislation. 

In the piece, he also confirms Labour's existing support for the Human Rights Act and the European Convention. While the Tories will undoubtedly seek to portray their support for a British Bill of Rights as a radical alternative to Khan's proposals, the reality is that there may end up being little difference between them. 

A Labour spokesperson told me: "Not only is this the right policy but it shows Labour has a positive reform agenda on human rights issues. We remain passionately committed to the Human Rights Act and to the European Convention, and these reforms will strengthen human rights here and abroad. On the other hand, the Tories are obsessed with doing down anything to do with human rights. They never tire of trying to outdo Ukip. Labour's measured move will pre-empt any attempt from the Tories to claim to be fixing a problem which we have already sorted. But don't be surprised if they still try, in an attempt to portray it as some grand negative attack on judges, courts, human rights and Strasbourg."

George Eaton is political editor of the New Statesman.

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Leave campaigners are doing down Britain's influence in Europe

As the third biggest country, Britain has huge clout in the EU.

Last week the Leave campaign's Priti Patel took to the airwaves to bang on about the perils of EU regulation, claiming it is doing untold damage to small businesses in the UK. Let's put aside for one minute the fact that eight in ten small firms actually want to stay in the EU because of the huge benefits it brings in terms of trade and investment. Or the fact that the EU has cut red tape by around a quarter in recent years and is committed to doing more. Because the really startling thing Patel said was that these rules come to us "without the British government having a say." That might be forgivable coming from an obscure backbencher or UKIP activist. But as a government minister, Priti Patel knows full well that the UK has a major influence over all EU legislation. Indeed, she sits round the table when EU laws are being agreed.

Don't take it from me, take it from Patel herself. Last August, in an official letter to the House of Lords on upcoming EU employment legislation, the minister boasted she had "worked closely with MEPs to influence the proposal and successfully protected and advanced our interests." And just a few months ago in February she told MPs that the government is engaging in EU negotiations "to ensure that the proposals reflect UK priorities." So either she's been duping the Parliament by exaggerating how much influence she has in Brussels. Or, as is perhaps more likely, she's trying to pull the wool over the British people's eyes and perpetuate a favourite myth of the eurosceptics: that the UK has no say over EU rules.

As the third biggest country, Britain has huge clout in Europe. We have the most votes in the EU Council alongside France, Germany and Italy, where we are on the winning side 87 per cent of the time. The UK also has a tenth of all MEPs and the chairs of three influential European Parliament committees (although admittedly UKIP and Tory sceptics do their best to turn their belief the UK has no influence in Europe into a self-fulfilling prophecy). UKIP MEPs aside, the Brits are widely respected by European counterparts for their common sense and expertise in areas like diplomacy, finance and defence. And to the horror of the French, it is English that has become the accepted lingua franca in the corridors of power in Brussels.

So it's no surprise that the UK has been the driving force behind some of the biggest developments in Europe in recent decades, including the creation of the single market and the enlargement of the EU to Eastern Europe. The UK has also led the way on scrapping mobile roaming charges from next year, and is now setting the agenda on EU proposals that will make it easier to trade online and to access online streaming services like BBC iPlayer or Netflix when travelling abroad. The irony is that the Europe of today which Eurosceptics love to hate is very much a British creation.

The Leave campaign like to deride anyone who warns of the risks of leaving the EU as "talking down Britain." But by denying the obvious, that the UK has a major role in shaping EU decisions, they are the ones guilty of doing our country down. It's time we stood up to their defeatist narrative and made the case for Britain's role in Europe. I am a proud patriot who wants the best for my country, and that is why like many I will be passionately making the case to remain in the EU. Now is not the time to leave, it's time to lead.