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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Levi Bellfield, Milly Dowler and the story of men’s violence against women and girls

Before she was so inextricably connected to the phone hacking scandal, Milly Dowler was one of many women maimed and killed by a violent man.

The name Milly Dowler has meant phone hacking since July 2011. The month before that, Levi Bellfield (already imprisoned for the murders of Marsha McDonnell and Amelie Delagrange, and the attempted murder of Kate Sheedy) had been convicted of killing her, nine years after her death. But almost immediately, she became the centrepiece of Nick Davies’s investigations into Fleet Street “dark arts”, when it was revealed that News of the World journalists had accessed her voicemail during the search for her.

Suddenly her peers were not McDonnell, Delagrange and Sheedy, but Hugh Grant, Leslie Ash, Sadie Frost, Jude Law. People she could only have known from TV, now her neighbours in newsprint. Victims of a common crime. She had attained a kind of awful fame, and remains much better known than McDonnell, Delagrange and Sheedy.

There is a reason for that: with Milly Dowler, there was hope of finding her alive. Weeks of it, the awful hope of not knowing, the dull months of probability weighing down, until finally, in September 2002, the body. McDonnell, Delagrange and Sheedy were attacked in public places and found before they were missed. It is not such an interesting story as the schoolgirl who vanishes from a street in daylight. Once there were some women, who were killed and maimed by a man. The end.

Even now that Bellfield has confessed to kidnapping, raping and killing Milly, it seems that some people would like to tell any story other than the one about the man who kidnaps, rapes, kills and maims girls and women. There is speculation about what could have made him the kind of monster he is. There must be some cause, and maybe that cause is female.

Detective Chief Inspector Colin Sutton (who worked on the McDonnell and Delagrange murders) has said insinuatingly that Bellfield “dotes on his mother and her on him. It's a troubling relationship.” But it was not Bellfield’s mother who kidnapped, raped, killed and maimed girls and women, of course. He did that, on his own, although he is not the first male killer to be extended the courtesy of blaming his female relatives.

Coverage of the Yorkshire Ripper accused his wife Sonia of driving him to murder. “I think when Sutcliffe attacked his 20 victims, he was attacking his wife 20 times in his head,” said a detective quoted in the Mirror, as if the crimes were not Sutcliffe’s responsibility but Sonia’s for dodging the violence properly due to her. Lady Lucan has been successfully cast by Lucan’s friends as “a nightmare” in order to foster sympathy for him – even though he systematically tried to drive her mad before he tried to kill her, and did kill their children’s nanny, Sandra Rivett. Cherchez la femme. Cherchez la mom.

I know little about Bellfield’s relationship with his mother, but one of his exes spoke about him earlier this year. Jo Colling told how he had terrorised her while they were together, and stalked her after she left. “When I knew he was with another woman and not coming home it was a relief, but now I know what he was capable of, I feel guilty,” she said. “I did get an injunction against him, but it only made him even angrier.”

Colling fears that she could have prevented Bellfield’s murders by going to the police with her suspicions earlier; but since the police couldn’t even protect her, it is hard to see what difference this could have made, besides exposing herself further to Bellfield’s rage. Once there was a woman who was raped, beaten and stalked by the man she lived with. The end. This is a dull story too: Colling’s victimisation is only considered worth telling because the man who victimised her also killed Milly Dowler. Apparently the torture of a woman is only really notable when the man who does it has committed an even more newsworthy crime.

Throughout his engagements with the legal system, Bellfield seems to have contrived to inflate his own importance. Excruciatingly, he withheld his confession to murdering Milly until last year, leaving her family in an agony of unknowing – and then drew the process out even further by implicating an accomplice, who turned out to have nothing at all to do with the crime. He appears to have made the performance into another way to exercise control over women, insisting that he would only speak to female officers about what he did to Milly.

It is good that there are answers for the Dowler family; it is terrible that getting them let Bellfield play at one more round of coercions. And for the rest of us, what does this new information tell us that shouldn’t already be obvious? The story of men’s violence against girls and women is too routine to catch our attention most of the time. One woman killed by a man every 2.9 days in the UK. 88,106 sexual offences in a year.

Once there were some girls and women, who were tortured, stalked, kidnapped, raped, killed and maimed by a man. Dowler, McDonnell, Delagrange, Sheedy, Colling. More, if new investigations lead to new convictions, as police think likely. All those girls and women, all victims of Levi Bellfield, all victims of a common crime that will not end until we pull the pieces together, and realise that the torture, the stalking, the kidnaps, the rapes, the killing and the maiming – all of them are connected by the same vicious logic of gender. Then, and only then, will be able to tell a different story. Then we will have a beginning.

Sarah Ditum is a journalist who writes regularly for the Guardian, New Statesman and others. Her website is here.