Chris Grayling has a pretty toxic record of having people's rights curtailed. Photo: Getty
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The takeover of the Tory party by those opposed to human rights is complete

Walking away from Strasbourg and abolishing the Human Rights Act would merely serve as a convenient smokescreen for an out-of-touch government playing dog-whistle politics.

Announced last week, the Conservative party’s proposals to repeal the Human Rights Act (HRA) and almost certainly leave the European Convention on Human Rights (ECHR) represent the latest attack on the post-1945 settlement that all main parties have remained signed up to until now.

It is as significant as their undermining of legal aid, the welfare state and the NHS, though for the first time it does not have the support of their Lib Dem coalition partners.

An angry mix of europhobia and the threat of Ukip has brought us to a point where a mainstream party of government is openly suggesting that the UK join Belarus as the only European country willing to walk away from the universal principle of human rights.

The 1998 Act enshrined in UK law our commitment to the ECHR. Although it was the Labour party that introduced the HRA, it did so with cross-party – including Conservative party – support under the banner of ‘bringing rights home’.  The same slogan is now being used to justify repeal of the Act, a hint at the incoherence of the policy.

Practitioners have already indicated that refusing to take account of European Court judgments may have a snowball effect which will make the UK’s position incompatible with membership of the European Union or the Council of Europe – of course a large number of Tory MPs would welcome this also – not to mention throwing into doubt both the Good Friday Agreement and the devolution settlement for Scotland.

Historically, there is support for human rights within the Tory party. Winston Churchill and David Maxwell Fyfe were enthusiastic supporters of the Convention which Britain took a leading role in drafting and was the first country to join. Shadow Lord Chancellor Sadiq Khan has recently expressed his fears that “were Churchill to be in the Tory cabinet today, Cameron would have sacked him.”

In the aftermath of the proposals former cabinet ministers Ken Clarke and Dominic Grieve have powerfully made the case for the HRA, rebutting Grayling’s "puerile" "howlers".  The silence of the new Attorney General, Jeremy Wright, by contrast, shows how the takeover of the Tory party by those opposed to human rights is complete. There can be no doubt that the price for speaking up for the rule of law in the Tory Party now is the sack.

It is regrettable that the libertarian wing of their party, ably represented by David Davis, who spoke out strongly against the revival of the Snoopers’ Charter this week, is also silent on this issue. Their irrational hatred of Europe trumping their rational support of the citizen against the state.

And this is the crucial point. The HRA exists to support the citizen against the state. Not only to protect him or her from its excesses and arbitrary exercise of power but to give positive duties to governments to uphold fundamental rights of citizens.

Seen from this perspective, the jettisoning of the Act and convention fit very well with Grayling’s record as Lord Chancellor. Almost every policy and legislative initiative has seen him rebalancing the law away from the individual and toward the state or other powerful vested interests like big corporations. Slashing legal aid, curtailing judicial review, making freedom of information requests more difficult, and introducing policies that have seen an 80 per cent fall in employment tribunals add up to a pretty toxic list of people’s rights curtailed.

The reality is that these back-of-the-envelope plans will not even achieve what the Conservatives truly desire or claim. Walking away from Strasbourg and abolishing the HRA would merely serve as a convenient smokescreen for an out of touch government playing dog-whistle politics. Under David Cameron, the Conservatives find themselves turning inwards, ignoring international treaties and pandering to its base. This is not the United Kingdom that we know and love. We should be leading the way in the world, proud of our legacy, not falling back.

Andy Slaughter is Labour MP for Hammersmith and a shadow justice minister

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Leader: The unresolved Eurozone crisis

The continent that once aspired to be a rival superpower to the US is now a byword for decline, and ethnic nationalism and right-wing populism are thriving.

The eurozone crisis was never resolved. It was merely conveniently forgotten. The vote for Brexit, the terrible war in Syria and Donald Trump’s election as US president all distracted from the single currency’s woes. Yet its contradictions endure, a permanent threat to continental European stability and the future cohesion of the European Union.

The resignation of the Italian prime minister Matteo Renzi, following defeat in a constitutional referendum on 4 December, was the moment at which some believed that Europe would be overwhelmed. Among the champions of the No campaign were the anti-euro Five Star Movement (which has led in some recent opinion polls) and the separatist Lega Nord. Opponents of the EU, such as Nigel Farage, hailed the result as a rejection of the single currency.

An Italian exit, if not unthinkable, is far from inevitable, however. The No campaign comprised not only Eurosceptics but pro-Europeans such as the former prime minister Mario Monti and members of Mr Renzi’s liberal-centrist Democratic Party. Few voters treated the referendum as a judgement on the monetary union.

To achieve withdrawal from the euro, the populist Five Star Movement would need first to form a government (no easy task under Italy’s complex multiparty system), then amend the constitution to allow a public vote on Italy’s membership of the currency. Opinion polls continue to show a majority opposed to the return of the lira.

But Europe faces far more immediate dangers. Italy’s fragile banking system has been imperilled by the referendum result and the accompanying fall in investor confidence. In the absence of state aid, the Banca Monte dei Paschi di Siena, the world’s oldest bank, could soon face ruin. Italy’s national debt stands at 132 per cent of GDP, severely limiting its firepower, and its financial sector has amassed $360bn of bad loans. The risk is of a new financial crisis that spreads across the eurozone.

EU leaders’ record to date does not encourage optimism. Seven years after the Greek crisis began, the German government is continuing to advocate the failed path of austerity. On 4 December, Germany’s finance minister, Wolfgang Schäuble, declared that Greece must choose between unpopular “structural reforms” (a euphemism for austerity) or withdrawal from the euro. He insisted that debt relief “would not help” the immiserated country.

Yet the argument that austerity is unsustainable is now heard far beyond the Syriza government. The International Monetary Fund is among those that have demanded “unconditional” debt relief. Under the current bailout terms, Greece’s interest payments on its debt (roughly €330bn) will continually rise, consuming 60 per cent of its budget by 2060. The IMF has rightly proposed an extended repayment period and a fixed interest rate of 1.5 per cent. Faced with German intransigence, it is refusing to provide further funding.

Ever since the European Central Bank president, Mario Draghi, declared in 2012 that he was prepared to do “whatever it takes” to preserve the single currency, EU member states have relied on monetary policy to contain the crisis. This complacent approach could unravel. From the euro’s inception, economists have warned of the dangers of a monetary union that is unmatched by fiscal and political union. The UK, partly for these reasons, wisely rejected membership, but other states have been condemned to stagnation. As Felix Martin writes on page 15, “Italy today is worse off than it was not just in 2007, but in 1997. National output per head has stagnated for 20 years – an astonishing . . . statistic.”

Germany’s refusal to support demand (having benefited from a fixed exchange rate) undermined the principles of European solidarity and shared prosperity. German unemployment has fallen to 4.1 per cent, the lowest level since 1981, but joblessness is at 23.4 per cent in Greece, 19 per cent in Spain and 11.6 per cent in Italy. The youngest have suffered most. Youth unemployment is 46.5 per cent in Greece, 42.6 per cent in Spain and 36.4 per cent in Italy. No social model should tolerate such waste.

“If the euro fails, then Europe fails,” the German chancellor, Angela Merkel, has often asserted. Yet it does not follow that Europe will succeed if the euro survives. The continent that once aspired to be a rival superpower to the US is now a byword for decline, and ethnic nationalism and right-wing populism are thriving. In these circumstances, the surprise has been not voters’ intemperance, but their patience.

This article first appeared in the 08 December 2016 issue of the New Statesman, Brexit to Trump