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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How Theresa May laid a trap for herself on the immigration target

When Home Secretary, she insisted on keeping foreign students in the figures – causing a headache for herself today.

When Home Secretary, Theresa May insisted that foreign students should continue to be counted in the overall immigration figures. Some cabinet colleagues, including then Business Secretary Vince Cable and Chancellor George Osborne wanted to reverse this. It was economically illiterate. Current ministers, like the Foreign Secretary Boris Johnson, Chancellor Philip Hammond and Home Secretary Amber Rudd, also want foreign students exempted from the total.

David Cameron’s government aimed to cut immigration figures – including overseas students in that aim meant trying to limit one of the UK’s crucial financial resources. They are worth £25bn to the UK economy, and their fees make up 14 per cent of total university income. And the impact is not just financial – welcoming foreign students is diplomatically and culturally key to Britain’s reputation and its relationship with the rest of the world too. Even more important now Brexit is on its way.

But they stayed in the figures – a situation that, along with counterproductive visa restrictions also introduced by May’s old department, put a lot of foreign students off studying here. For example, there has been a 44 per cent decrease in the number of Indian students coming to Britain to study in the last five years.

Now May’s stubbornness on the migration figures appears to have caught up with her. The Times has revealed that the Prime Minister is ready to “soften her longstanding opposition to taking foreign students out of immigration totals”. It reports that she will offer to change the way the numbers are calculated.

Why the u-turn? No 10 says the concession is to ensure the Higher and Research Bill, key university legislation, can pass due to a Lords amendment urging the government not to count students as “long-term migrants” for “public policy purposes”.

But it will also be a factor in May’s manifesto pledge (and continuation of Cameron’s promise) to cut immigration to the “tens of thousands”. Until today, ministers had been unclear about whether this would be in the manifesto.

Now her u-turn on student figures is being seized upon by opposition parties as “massaging” the migration figures to meet her target. An accusation for which May only has herself, and her steadfast politicising of immigration, to blame.

Anoosh Chakelian is senior writer at the New Statesman.

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