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David Cameron prepared to break with Europe on human rights David Cameron prepared to break with Europe on human rights
(about 1 hour later)
David Cameron is to keep open the “nuclear option” of withdrawing from the European convention on human rights.David Cameron is to keep open the “nuclear option” of withdrawing from the European convention on human rights.
The prime minister is prepared to break with the convention, drawn up by British lawyers in the wake of the second world war, if the Strasbourg-based court refuses to accept reforms that are designed to break the link with the European court of human rights.The prime minister is prepared to break with the convention, drawn up by British lawyers in the wake of the second world war, if the Strasbourg-based court refuses to accept reforms that are designed to break the link with the European court of human rights.
The Guardian understands that the prime minister still sees merit in a proposal, outlined last year by the former justice secretary Chris Grayling, to withdraw from the European convention if parliament failed to secure the right to veto judgments from the court. The Guardian understands that the prime minister still sees merit in a proposal, outlined last year by the then justice secretary Chris Grayling, to withdraw from the European convention if parliament failed to secure the right to veto judgments from the court.
Cameron wants to keep the Grayling option in reserve, to be deployed at a later date if Strasbourg baulks at government plans to scrap the Human Rights Act and assert the supremacy of the UK’s supreme court over Strasbourg in the second half of the parliament.Cameron wants to keep the Grayling option in reserve, to be deployed at a later date if Strasbourg baulks at government plans to scrap the Human Rights Act and assert the supremacy of the UK’s supreme court over Strasbourg in the second half of the parliament.
The move, which is designed to ensure the UK’s highest court remains the “ultimate arbiter of human rights”, is to be delayed until after the referendum on Britain’s EU membership which is due to take place by the end of 2017.The move, which is designed to ensure the UK’s highest court remains the “ultimate arbiter of human rights”, is to be delayed until after the referendum on Britain’s EU membership which is due to take place by the end of 2017.
The prime minister, who has been told that he currently does not have the numbers on the Tory benches for his changes, believes he would overly complicate his task if he sought to change Britain’s human rights laws at the same time as renegotiating the terms of Britain’s EU membership. The convention is not part of the EU, although many Eurosceptics regard the EU and the 47-strong council of Europe human rights watchdog, which oversees the ECHR, with equal suspicion.The prime minister, who has been told that he currently does not have the numbers on the Tory benches for his changes, believes he would overly complicate his task if he sought to change Britain’s human rights laws at the same time as renegotiating the terms of Britain’s EU membership. The convention is not part of the EU, although many Eurosceptics regard the EU and the 47-strong council of Europe human rights watchdog, which oversees the ECHR, with equal suspicion.
The delicate challenge faced by the prime minister on his EU renegotiations was highlighted when Jean-Claude Juncker, the president of the European commission, said Cameron’s referendum was designed to “dock” the UK permanently in the EU. In an interview with Süddeutsche Zeitung, Juncker said: “Brexit is also a question that does not arise, it is not what the British are seeking. Cameron wants to dock his country permanently to Europe.”The delicate challenge faced by the prime minister on his EU renegotiations was highlighted when Jean-Claude Juncker, the president of the European commission, said Cameron’s referendum was designed to “dock” the UK permanently in the EU. In an interview with Süddeutsche Zeitung, Juncker said: “Brexit is also a question that does not arise, it is not what the British are seeking. Cameron wants to dock his country permanently to Europe.”
The remarks by Juncker will fuel fears among Eurosceptics that the prime minister is determined to keep Britain in the EU regardless of the outcome of his negotiations with his fellow leaders.The remarks by Juncker will fuel fears among Eurosceptics that the prime minister is determined to keep Britain in the EU regardless of the outcome of his negotiations with his fellow leaders.
Cameron sought to show that he will act in an even-handed way when he invited two of the strongest Eurosceptics on the frontbench to sit on a new cabinet committee that will oversee the EU negotiations. Iain Duncan Smith, the work and pensions secretary, and Sajid Javid, the business secretary, will be two of eight cabinet ministers on the committee that will also be attended by the Europe minister David Lidington.Cameron sought to show that he will act in an even-handed way when he invited two of the strongest Eurosceptics on the frontbench to sit on a new cabinet committee that will oversee the EU negotiations. Iain Duncan Smith, the work and pensions secretary, and Sajid Javid, the business secretary, will be two of eight cabinet ministers on the committee that will also be attended by the Europe minister David Lidington.
The committee will examine the legal advice to ministers that one of the prime minister’s key demands – imposing a four-year ban on EU migrants claiming in-work benefits – will need to be underpinned by treaty change. Angela Merkel, the German chancellor, told the prime minister last week that treaty change would not be impossible.The committee will examine the legal advice to ministers that one of the prime minister’s key demands – imposing a four-year ban on EU migrants claiming in-work benefits – will need to be underpinned by treaty change. Angela Merkel, the German chancellor, told the prime minister last week that treaty change would not be impossible.
But Norbert Röttgen, the chairman of the Bundestag’s foreign affairs committee, who is a Merkel ally, said it was unrealistic to envisage revising the Lisbon treaty in time for UK referendum.But Norbert Röttgen, the chairman of the Bundestag’s foreign affairs committee, who is a Merkel ally, said it was unrealistic to envisage revising the Lisbon treaty in time for UK referendum.
The prime minister is adamant that he will succeed in his EU negotiations. Downing Street would then press ahead with scrapping the Human Rights Act after the EU referendum following a consultation that will be launched by Michael Gove, the new justice secretary, by this autumn.The prime minister is adamant that he will succeed in his EU negotiations. Downing Street would then press ahead with scrapping the Human Rights Act after the EU referendum following a consultation that will be launched by Michael Gove, the new justice secretary, by this autumn.
In the first stage, Gove would deliver two goals outlined in the Conservative general election manifesto: scrapping the act and ensuring that the UK supreme court would have the ultimate say over human rights in the UK.In the first stage, Gove would deliver two goals outlined in the Conservative general election manifesto: scrapping the act and ensuring that the UK supreme court would have the ultimate say over human rights in the UK.
Downing Street clarified No 10’s thinking amid reports that Cameron had ruled out a UK withdrawal from the European convention on human rights. The prime minister’s spokeswoman said the government would scrap the act, break the link between the ECHR and the UK and make the “supreme court in the UK the ultimate arbiter of human rights in the UK”.Downing Street clarified No 10’s thinking amid reports that Cameron had ruled out a UK withdrawal from the European convention on human rights. The prime minister’s spokeswoman said the government would scrap the act, break the link between the ECHR and the UK and make the “supreme court in the UK the ultimate arbiter of human rights in the UK”.
Philip Hammond, the foreign secretary, said that withdrawing from the convention was not on the table. He told MPs: “That is not the proposal – the proposal is to ensure that our obligations in respect of compliance with the human rights agenda are overseen by judges in this country in the context of what is happening in this country. The justice secretary is looking now at how best to deliver that in a way that is acceptable to the British people and compliant with our obligations under international law.”Philip Hammond, the foreign secretary, said that withdrawing from the convention was not on the table. He told MPs: “That is not the proposal – the proposal is to ensure that our obligations in respect of compliance with the human rights agenda are overseen by judges in this country in the context of what is happening in this country. The justice secretary is looking now at how best to deliver that in a way that is acceptable to the British people and compliant with our obligations under international law.”