Attorney General Dominic Grieve Contradicts Theresa May Over Human Rights Act

Theresa May

Huffington Post UK   Dina Rickman First Posted: 03/10/11 20:46 BST Updated: 03/10/11 21:24 BST

The Attorney General has contradicted the Home Secretary by suggesting the UK has "much to thank" for the Human Rights Act.

His comments came after Theresa May indicated she would prefer for it to be scrapped.

Speaking to a Liberty fringe at the Conservative party conference, Attorney General Dominic Grieve condemned the "hysterical untruths" published about the Human Rights Act.

Grieve admitted the Human Rights Act was "not perfect" and that it had "plenty of flaws". He also acknowledged the way the European Court of Human Rights acts is "out of control".

However, he said that the UK had "much to thank" for the Human Rights Act and reminded delegates that it was important to consider the Conservative's Liberal Democrat government partners.

"We have to think about the coalition,” he said. “I keep on making this point to people. I'd like it to be a real conservative government… we have to recognise we don't have a majority on a lot of things in the House of Commons, we need to take our coalition partners along with us."

Grieve added: "That's not to say that the world is static. There are good arguments for moving forward. But in doing it… We need some rational discussion of the issues and not, I'm afraid, what we often see in certain pages of some newspapers, which is hysterical untruths being peddled over and over again and it's not very productive for any kind of rational argument."

During the event, Shami Chakrabarti, the head of campaign group Liberty, revealed that she had personally pleaded with the Home Secretary to retain the Human Rights Act.

"I had a quick word with the home secretary before now and made a little plea to her. The human rights act and convention on human rights that it contains are not an imposition from Europe. They were Churchill's legacy to Britain and to Europe."

Their fellow panellist at the fringe event, backbench MP Eleanor Laing, further exposed coalition tensions over human rights. She said Liberal Democrat deputy prime minister Nick Clegg was "quite wrong" to promise that the UK would keep the Human Rights Act during his Liberal Democrat Conference.

"I was very angry to hear the deputy prime minister get up in front of the Liberal Democrat conference last week and say, and I quote him 'I will put it in words of one syllable, the human rights act is here to stay'. How can he say that on the one hand when he is instrumental as a government minister on the other hand in setting up the excellent commission on the Bill of Rights."

The government are currently consulting on introducing a British bill of rights.

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The Attorney General has contradicted the Home Secretary by suggesting the UK has "much to thank" for the Human Rights Act. His comments came after Theresa May indicated she would prefer for it to ...
The Attorney General has contradicted the Home Secretary by suggesting the UK has "much to thank" for the Human Rights Act. His comments came after Theresa May indicated she would prefer for it to ...
 
 
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10:15 AM on 11/23/2011
Look at the picture they have used computer graphics to remove the gun !
lastpost
see biography
01:01 PM on 10/04/2011
"We have to recognise that we don’t have a majority on a lot of things in the House of Commons."
But we can still pretty much ignore the want of a majority mandate, for our preferred personal and private polices, as far as High Speed Looting and the like go.
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Lawyer13
retired Lawyer, General and Psychiatric Nurse, wit
12:34 PM on 10/04/2011
Home Secretary in her speach to Conservative Conference was most enlightening, especially on Article 8 of Human Rights Act 1998, it seems that our Judges have failed to interpret Article 8.2, which is very clear, see below:-
Acting in the intrests of National security,public safety, or the econic well-being of the country.
Acting for the prevention of disorder or crime.
Acting for the protection of health or morals.
Acting for the protection of rights and freedoms of others.

This seems very clear to me a humble lawyer, so why not our judges.
09:56 PM on 10/04/2011
As a 'humble lawyer' you should know that every case is determined by an experienced tribunal on its merits and according to the Nationality, Asylum and Immigration Act 2002 - NOT the ECHR, or the European Rights Act. By taking one small piece of evidence from a tribunal case she clearly knows very little about she has shown a wanton and rather fatuous disregard for the appellate process of our country - it is absolutely disgraceful.
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Lawyer13
retired Lawyer, General and Psychiatric Nurse, wit
07:18 AM on 10/05/2011
You are right it is "absolutely disgraceful" that terrorists, robbers and bogus asylum seekers are being allowed to stay by Tribunals who do not have the smartest judges anyway.
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Lawyer13
retired Lawyer, General and Psychiatric Nurse, wit
11:40 AM on 10/04/2011
looking forward to hearing more from her at Conservative Conference later today, she is right to raise this matter, about 100 criminals used Article 8 to remain in UK last year.
09:39 PM on 10/04/2011
Certainly turned out to be a career defining moment.
11:30 AM on 10/04/2011
There is no reason to scrap the HRA, governments don't have to abide by it all the time, they can take the bits they like and ignore the bits they don't like.

For example if it is inconvenient for a government not to have an inquest into the death of one of their scientists who died in unnatural and suspicious circumstances then they don't need to have an inquest. The same is true for the HRA, only the helpful bits apply.
10:31 AM on 10/04/2011
Scrapping the the UK Human Rights Act would only take the UK back to the situation that existed before the HRA was adopted in the UK in 1998. All Human Rights cases would have to be decided by European Courts not UK courts.

To put matters solely into the hands of the UK, the UK would have to resign from the Council of Europe (which is not the EU) and possibly the UN as the UK has signed up the the Universal Declaration of Human Rights. Do Brits really want total isolation from the World community?

The real problem for the UK is the interpretation of the Act by the Courts, not the Act itself.
09:37 AM on 10/04/2011
The truth is that it would be very difficult to replace the HRA with a 'British Bill of Rights' as it would be open to myriad legal challenges and most likely cost billions to end up with the same thing.

The Tories would then look like they do on EU membership; lots of tough talk no action.

But saying 'It's the Lib Dem's fault' is a lot easier and certainly gets the red top reader worked up into a right old lather.

But it's not all bad news because the basic truth is that most make no attempt to understand the HRA or the law in general.

These are your rights, see if you think any of this is ridiculous;

Right to life
Freedom from torture and inhuman or degrading treatment
Right to liberty and security
Freedom from slavery and forced labour
Right to a fair trial
No punishment without law
Respect for your private and family life, home and correspondence
Freedom of thought, belief and religion
Freedom of expression
Freedom of assembly and association
Right to marry and start a family
Protection from discrimination in respect of these these rights and freedoms
Right to peaceful enjoyment of your property
Right to education
Right to participate in free elections
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01:06 AM on 10/05/2011
It's not the rights themselves that are the problem, it's the way that judges are interpreting them which is at odds with the wishes of the British people in that it prevents criminals from being deported back to wherever they came from.
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Roy Fowler
I try....I really do!
08:45 AM on 10/04/2011
Let us simply do as the French do.....deport who ever we damn well want!!!!!
09:26 AM on 10/04/2011
The French don't do this. It is a little known fact that France is also a European nation.
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Roy Fowler
I try....I really do!
11:09 AM on 10/04/2011
Sorry BigClive, the French do.....

http://www.guardian.co.uk/world/2010/aug/19/france-begins-roma-deportations

And the Germans........

http://www.dw-world.de/dw/article/0,,5775224,00.html

Who were 3 or 4 years behind the Italians.....

http://news.bbc.co.uk/1/hi/world/europe/7078532.stm

France, Germany and Italy CHOOSE which EU rules to work with and follow, we sadly, follow them all............
10:53 PM on 10/04/2011
The way i look it BigClive, is that if you cannot behave in a country that has allowed you to stay, be you invited or not, then you should at least have the decency to go back to where you crawled out of without making a laughing stock of your somewhat gullable hosts.
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John michael Adams
04:34 AM on 10/04/2011
scrap the euro human rights acts. British Bill fo Rights is better because it is suited to British interests. If you look at the record of the decisions made by the european human rights council, you will see how much they favor terrorists and criminals over the interests of the native european people. I want a background check of the justices in the european human rights council now.
another liberal mess that destroys europe than unite it.
09:24 AM on 10/04/2011
Sir, you must be a clairvoyant (or something else) as you seem to know the contents of a British Bill of Rights before it has even been drafted!

The European Human Rights Council doesn't favour terrorists and criminals over anyone because it doesn't exist.

The big problem is that people make no attempt to understand how the law works and instead are content to believe any rubbish they read in the tabloids unquestioningly.
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Derek Lantin
Writer.
02:17 AM on 10/04/2011
I think your headline should have read

"Attoney general admits European Court of Human Rights is out of control."
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Lawyer13
retired Lawyer, General and Psychiatric Nurse, wit
09:48 PM on 10/03/2011
Well forgive me Mr. Attorney General and with great respect, can you explain why we can not deport ex-prisoners and terrorists, because they use the Human Rights act in aid of of staying in UK.
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Derek Lantin
Writer.
02:17 AM on 10/04/2011
Well said.
This comment has been removed.